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« April 2008 | Main | June 2008 »

May 30, 2008

Insurance and Foreclosure.

     The rising tide of foreclosures carries with it many consequences.  One of the unfortunate effects is the likely falsehood that homeowners are abandoning their homes.  It appears that speculators are abandoning houses that were vacant when they got them.

     There is a new industry in the wake of the foreclosure tide, called "the home inspection business" in this report which focuses on vacant properties in North Florida: Vikas Bajaj, "Foreclosure's Residue /Contractors Are Kept Busy Maintaining Abandoned Homes" p. C1, col. 2 (The New York Times Nat'l Ed., Tuesday, May 27, 2008), available online at www.nytimes.com.  The business consists of contractors who inspect abandoned homes for mortgage companies.

     While the thrust of the article assumes that homeowners are abandoning their homes in the face of foreclosure, recounting some predictions that millions of homeowners face foreclosure in the next couple of years, one of the examples given is of a house left "vacant for several years", which would put it at at time before the subprime crisis and foreclosure fears began, and instead would place the example of that house squarely in the middle of what once-upon-a-time was called the 'housing boom'.

     Insurance companies can often deny claims on the ground that a home once occupied is left vacant for a certain period of time before a claimed loss.  It is uncertain, but it is a good bet that there has not been any particular rise in such claims or in such denials.

     Rather, an area of inquiry if you will is the number of claims by Mortgage Companies on damage to vacant property for which they issued mortgages knowing the property to be vacant at that time, and the number of denials of such claims by their Insurance Companies.  That would offer a better glimpse into the foreclosure crisis.

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May 29, 2008

Subprime Harms Homeowner's Insurance.

     The subprime credit crisis has reached out to the Insurance industry.  In California, many people claim that Homeowners Insurance Companies lost lots of money in subprime investments and are trying to make it up for their losses by charging policyholders with Premium Rate Hikes.  Many Insurance Companies there say that they need to raise Premiums to pay more claims.  The California Department of Insurance says that Homeowners Insurance Companies holding Policies on residences there, paid only 71 cents on claims on those Policies in 2007 for every $1.00 they collected in Premiums.  These effects are reported by Marc Lifsher, "Rate Increases Sought For Homeowners Insurance," www.latimes.com, Tuesday, May 27, 2008.

     Whatever the reason, the largest Homeowners Insurance Company in California, State Farm General Insurance Company, asked for a Premium Rate Increase of 6.9%.  So did the No. 2 Homeowners Insurer, Farmers Group, Inc., reportedly a subsidiary of Zurich Financial Services.  The No. 3 Homeowners Carrier, Allstate Corporation, is asking for a 9.3% Premium Rate Increase and Allstate reportedly has also stopped issuing new Homeowners Policies to residential homeowners in California.

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May 28, 2008

Current Federal Government Overpays $140 Million to Health Insurance Companies ....

.... While Unsuspecting Retired Federal Workers Pay An Additional $60 Million to Health Insurance Companies for Health Insurance Coverage That Duplicates Exisiting Federal Health Coverage.   


     Over 200,000 retired Federal employees are paying $60 Milllion in unnecessary Premium money to Health Insurance Companies, while the current Federal government is directing $140 Million of Taxpayers' money to the same Health Insurance Companies for the same unnecessary Premiums, it is reported by Stephen Barr, "Lawmakers Question Duplicative Retiree Drug Coverage", www.washingtonpost.com, Wed., May 28, 2008.

     The retired Federal employees are entitled to prescription drug benefits under the Federal Employees Health Benefits Program ("FEHBP").  However, the currrent Federal government is also paying Health Insurance Companies $140 Million to provide the same retired Federal employees with the same prescription drug benefits under Medicare Part D.  In the meantime, the retirees are also forking over $60 Million of their own in this sloppy business.

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May 23, 2008

Health Insurance Proposals of Democratic Presidential Candidates.

     Confused or unaware like me, perhaps, about the Health Insurance Proposals that are offered by the remaining presidential candidates?  Here is a summary and analysis of the two Democratic candidates' Health Insurance plans that is easy to understand and informative, too, by Kevin Freking in an Associated Press copyrighted story, "Insurance Model Follows American Tradition" (washingtonpost.com, Sunday, May 11, 2008).

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May 22, 2008

Useful Web Sites for Health Insurance Information?

     If you are interested in sources for Health Insurance information, here are some untested  "Websites for Health Insurance Education and Research" published by the Los Angeles Times Online (www.latimes.com, Sunday, May 18, 2008)..

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May 21, 2008

"The scope of OIR's investigation ...."

".... cannot be limited by Allstate's unilateral actions."

Page 17 of the attached Official Opinion Denying Rehearing by Florida's First District Court of Appeal in Download Allstate_v. Office of Insurance Regulation (Fla. 1st DCA Case No. 1D08-0275, Opinion Filed May 14, 2008).pdf.

Florida's Office of Insurance Regulation (OIR) has prevailed in its judicial dispute with various Allstate Insurance Companies about OIR's right to receive subpoenaed documents and to impose a ban on selling new Insurance Policies until Allstate provided the subpoenaed documents:

The facts of this case are unique.  In order to conduct insurance business in Florida, Allstate is statutorily required to comply with OIR's investigation and make 'freely available' documents sought by OIR....  To the extent Allstate believed any documents OIR sought were privileged, Allstate was required to timely seek a protective order in circuit court.

Id.  Allstate did not seek a protective order in circuit court.  The First District denied rehearing of its earlier Order upholding the OIR's suspension of new policies until the Insurance Company complied fully with OIR's subpoenas.

     The same day that the First District Court of Appeal denied rehearing, Allstate provided a sworn affidavit to the Florida Office of Insurance Regulation that all the subpoenaed documents had now been provided.  The OIR lifted the suspension as a result.   See Florida Office of Insurance Regulation Press Release, "Florida Insurance Commissioner McCarty Stays Allstate Suspension, Continuing Compliance Required," Wed., May 14, 2008.  Anika Myers Palm, "State Lifts Allstate Ban, Allows Insurer to Take New Customers" (OrlandoSentinel.com, Saturday, May 17, 2008).

    On Wednesday, May 21, 2008, Dennis Wall will discuss these and other major developments affecting Hurricane Insurance Preparation before the 2008 Hurricane Season.    This presentation is open to the public and there is no charge.  It is offered by the Insurance Law Committee beginning at Noon and scheduled to run through 1:00 P.M. at the Orange County Bar Association Center, 880 North Orange Avenue, in Orlando, Florida.  Dennis Wall, Chair of the Insurance Law Committee, will speak about many ways of "Preparing for Hurricane Insurance".  You are cordially invited to attend this free presentation.  As a reminder:  In Florida, the 2008 Hurricane Season officially begins on June 1, 2008.  There is no better time to begin preparing.

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May 20, 2008

Florida O.I.R. Lifted Suspension of New Allstate Policies...

... The Same Day Florida's First District Court of Appeal Denied Rehearing of its Opinion Upholding O.I.R.'s Order Suspending New Allstate Policies.

     Press reports published on Saturday, May 17, 2008 made it appear that the Florida Office of Insurance Regulation (O.I.R.) lifted its suspension on new Allstate Insurance Policies on Florida on the day before, or Friday, May 16, 2008.  As you will recall, the O.I.R. issued its Suspension Order in the first place because Allstate failed to comply with O.I.R. subpoenas for various groups of documents including unauthorized Catastrophe Computer Models purchased by Allstate in connection with its Premium Rate Increase requests.

     According to the O.I.R., it announced a stay of its Suspension Order on Wednesday, May 14, 2008, immediately after the Florida appellate court denied rehearing of its Opinion upholding the O.I.R. Order.  The reason given by the O.I.R. was its receipt of a sworn affidavit from Allstate "certifying that it has complied with Florida law by freely providing all documents requested" by the O.I.R.  See Florida Office of Insurance Regulation Press Release, "Florida Insurance Commissioner McCarty Stays Allstate Suspension, Continuing Compliance Required," Wed., May 14, 2008.

     Dennis Wall, Chair of the Insurance Law Committee, will speak at the Orange County Bar Association Center in Orlando, Florida about Preparing for Hurricane Insurance, on Wednesday, May 21, 2008 from Noon to 1:00 P.M.  The Orange County Bar Association Center is located at 880 North Orange Avenue in Orlando, Florida.

    You are cordially invited to attend this free public event.  Hope to see you there. 

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Preparing for Hurricane Insurance.

    Dennis Wall, Chair of the Insurance Law Committee, will speak at the Orange County Bar Association Center in Orlando, Florida about Preparing for Hurricane Insurance, on Wednesday, May 21, 2008 from Noon to 1:00 P.M.  The Orange County Bar Association Center is located at 880 North Orange Avenue in Orlando, Florida.

    You are cordially invited to attend this free public event.  Here  is a link to the "EVENTS" published about this presentation by the Orlando Sentinel on Monday, May 19, 2008 on page C3, col. 1, in "The Law & You" Section.

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May 19, 2008

Credit Crisis Hikes Hurricane Force.

     The credit crisis has reportedly already hit Hurricane Insurance like, well, like a Hurricane, even before the first 2008 Hurricane hits.  The credit crisis, and the related and overwhelming number of houses that are either in foreclosure now or are predicted to be in foreclosure proceedings soon, are the reported culprits in an anticipated post-Hurricane Catastrophe.  Local and State Governments, and Insurance Companies, may have to rely on bond markets if they all run out of money paying Hurricane Claims during and after Hurricanes may strike in 2008, it is reported in "Credit Crunch Could Restrict Post-Hurricane Help" (St. Petersburg Times Online, Monday, May 19, 2008).  The source announced in this newspaper report is a report issued by A.M. Best, which excluding the news media perhaps, has an established policy of releasing its usually copyrighted reports to those who pay for them.

    On Wednesday, May 21, 2008, Dennis Wall, Chair of the Insurance Law Committee, will present "Preparing for Hurricane Insurance" at the Orange County Bar Association in Orlando, Florida.  He will discuss these and other major developments affecting Hurricane Insurance Preparation before the 2008 Hurricane Season.    This presentation is open to the public and there is no charge.  It is offered by the Insurance Law Committee beginning at Noon and scheduled to run through 1:00 P.M. at the Orange County Bar Association Center, 880 North Orange Avenue, in Orlando, Florida.  As a reminder:  In Florida, the 2008 Hurricane Season officially begins on June 1, 2008.  There is no better time to begin preparing.

Please Read The Disclaimer.

Hurricane Regulation in Florida: Allstate Swayed To Produce Documents.

     Allstate lost its motion for rehearing of a Florida appellate court ruling that upheld a ban on Allstate issuing new Policies in Florida until Allstate provided documents subpoenaed by the Florida Office of Insurance Regulation.  That was on May 14, 2008.  Download Allstate_v. Office of Insurance Regulation (Fla. 1st DCA Case No. 1D08-0275, Opinion Filed May 14, 2008).pdf.

     By Friday, May 16, 2008, the Florida Office of Insurance Regulation received an affidavit under oath from Allstate that it had then given all the subpoenaed documents to the O.I.R.  The O.I.R. then gave Allstate permission to again sell new Insurance Policies in Florida.   Doreen Hemlock, "Florida Lifts Ban on New Policies After Submitting Documents" (South Florida Sun-Sentinel.com, Saturday, May 17, 2008).

    On Wednesday, May 21, 2008, Dennis Wall will discuss these and other major developments affecting Hurricane Insurance Preparation before the 2008 Hurricane Season.    This presentation is open to the public and there is no charge.  It is offered by the Insurance Law Committee beginning at Noon and scheduled to run through 1:00 P.M. at the Orange County Bar Association Center, 880 North Orange Avenue, in Orlando, Florida.  Dennis Wall, Chair of the Insurance Law Committee, will speak about many ways of "Preparing for Hurricane Insurance".  You are cordially invited to attend this free presentation.  As a reminder:  In Florida, the 2008 Hurricane Season officially begins on June 1, 2008.  There is no better time to begin preparing.

Please Read The Disclaimer.