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August 01, 2008

Homeowner's Associations and Condominium Associations: Professionalism, Business ... And Insurance.

      Boards of Directors of Condominium Associations, and of Homeowner's Associations and of other similar Community Associations, have a hard job.  Their many obligations and expectations are explored by Kay Senay, Forum Publishing Group, published online on Thursday, July 31, 2008 at South Florida Sun-Sentinel .com under the headline, "Board Responsibility Makes All the Difference".

     Among the responsibilties summarized there, is this one at the top of the list:  "Confirm that the association's master insurance policy is appropriate, including D&O coverage."

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July 25, 2008

Catastrophe Claims Strip Homeowner's Insurance Coverage, Lift Premiums.

     Since about the time of Hurricane Andrew in 1992, Homeowner's Insurance Policies and other kinds of Property Insurance Policies have been adversely affected by Catastrophe Claims.  Coverage provisions have been narrowed and new Exclusions have been added.  A director of consumer services at Florida's Department of Financial Services is quoted on these issues, for example, by Jeff Plungis, "Homeowners May be Twice Burned as Insurers Cap Policy Coverage" (Bloomberg.com, Wed., July 16, 2008).  "Policies are written annually so insurers can add exclusions."  Id.  (This last observation makes sense, but it applies to virtually all Insurance Policies.)

     One transformation of Coverage has been the nearly uniform refusal to provide "guaranteed replacement cost" Coverage, with Property Insurance Companies instead offering Coverage with a cap called "extended replacement cost" which by any name does not cover the actual cost of replacing a home totally destroyed by a Catastrophe.  These developments over the last 15+ years, which have been chronicled in many places including in previous posts here, for example, lead to the newspaper article's wise advice that "people should review their homeowners' coverage to make sure dollar amounts keep pace with currrent construction expenses."  Id.

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June 26, 2008

Earthquake Shakes Up Some Insurance Coverage Expectations.

     A newspaper report about Insurance Coverage and Catastrophe Claims following the Sichuan earthquake in China, highlights issues important to people in the United States who face the real possiblity of having to make Catastrophe Claims.

    Concentrating on two types of Insurance, it is reported that holders of Property Insurance Policies are left with little more than uncovered Catastrophic Damage, while the much smaller group of Chinese Life Insurance Policyholders have fared much better.  Life Insurance Policies in China, as elsewhere including in the United States, generally pay benefits upon an accidental death regardless of cause.  Earthquakes as a cause of loss are almost always Excluded in Property Insurance Policies in China, however.

     "[A]s in California," in order to obtain Coverage for losses caused by Earthquakes, for example, "you have to buy a special policy and pay extra."  "In China, Few Are Covered by Earthquake Insurance," by Don Lee (Los Angeles Times Online, Tuesday, June 24, 2008). 

     These differences are illustrated in the newspaper report by convincing numbers.  First, so far about a quarter of a million Property Insurance Claims have been presented to China Property Insurers as a result of this Catastrophe.  Most of those CatClaims are reportedly on account of damage to personal property.   In addition, some Three Million houses were destroyed.  Approximately $15 Billion to $20 Billion of Property Damage is estimated as a result of the Sichuan earthquake.  Property Insurance Companies have paid out $20 Million in CatClaims.

     With regard to Claims on Life Insurance Policies, on the other hand, an unreported number of Claims has been presented since the Sichuan earthquake.  It is reported that "only a tiny fraction of people hold such policies."  Reportedly, Life Insurance Companies paid out $26 Million in Claims resulting from the earthquake.

     Finally, it is of more than passing interest to Homeowners seeking Property Insurance Coverage outside of China, that the Earthquake Exclusion was reportedly adopted after a 1996 meeting of "earthquake scholars" and "experts".  In that meeting, participants predicted that earthquakes would trouble China for the next ten to twenty years.  The Property Exclusion was almost immediately written in response, it is reported.

     In the United States, one of the central and largely unreported battlegrounds concerning Property Insurance Coverage, particularly for CatClaims, has been the use of new Catastrophe Models that result in predictions of more Catastrophes such as Hurricanes, and in higher Premiums or Exclusions, than seem justified by authorized and fact-based Catastrophe Models that have been relied on by Insurance Departments, Insurance Companies, Agents and Brokers, and of course ultimately, relied on by Policyholders.  Events associated with that battleground and other largely unreported areas of interest to Insurance Coverage for Catastrophes have been reported here in the categories of "CatClaims" and "Catastrophe Models," along with "Property Insurance" and many other related kinds of Insurance.

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June 24, 2008

Different Business, Different CatClaim Preparations.

     Different businesses get ready for Catastrophe Claims in different ways, it is reported in "Getting Ready for Storms is Major Job For Big Businesses" p. C1, col. 5 "Central Florida Business" Section (Orlando Sentinel, Friday, June 13, 2008), published online as "Past Storms Taught Lessons Big Businesses Won't Forget".

     Something these businesses all have in common with each other, and with every individual as well:  Finding and keeping Insurance Coverage for Catastrophe Claims in the near future now, and in future days far ahead.

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June 11, 2008

... And Now, On To Everyone's Business Preparing for Catastrophe.

     Good advice for preparing for CatClaims that everyone can put to use is found in "Preparation Eases the Aftermath," published on Friday, June 6, 2008 by the Los Angeles Times Online, found at www.latimes.com.

     Among the good advice given there is to contact your agent or broker --before Catastrophe strikes -- to determine the levels of Insurance Coverage right for you.

     Also, keep records of everything new in your home -- not just recently added personal property such as jewelry but also home improvements and renovations.

     Please Read The Disclaimer.

June 09, 2008

Small Business Planning for Catastrophe (Heaven Forbid).

     Some things that small businesses can include in their planning for CatClaims are addressed very well by Joyce M. Rosenberg, Associated Press, "Disaster Planning for Small Businesses," May 26, 2008, available online at www.latimes.com.

     The first order of small business planning is to provide for adequate Insurance Coverage.  This includes Coverage for Catastrophe losses as well as losses from fires, storms, floods or earthquakes depending on where the business is located.  The article also offers good advice to look into Business Interruption Insurance.

     On-the-ground Catastrophe planning mentioned in the article includes:

  • "Contact list":  One person quoted by the newspaper reporter recommends having not less than five (5) ways to get ahold of every single employee.
  • "Data":  As recommended not only in this newspaper report but in many, many other pieces by many other people as well, look into a USB port.  They are easily portable and are easily stored in a secure location.  Many automatically -- or, as in my office, at the command of only a few key strokes -- back up hard drives.
  • "Backup generator":  Perhaps a good idea for businesses that have the capacity and opportunity, as suggested in this newspaper article, but impractical or impossible for many business owners who lease.

Other suggestions are raised in the newspaper article, among other reports.  Last but not least, here are some websites for further ideas and suggestions:

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June 05, 2008

Flip-Flopping Premium Hikes Rejected in Florida.

     Hartford reportedly at first "voted" against Premium Rate Hikes by announcing it would reduce Premiums by 13.6% effective 06.01.08, then it "voted" for Premium Rate Hikes by asking for a 39.6% Premium Rate Hike effective in 09.08.  Following a new procedure in Florida, the Hartford first presented its request to an Adminstrative Law Judge.  The Florida Judge denied Hartford's Rate Hike request.  Then Hartford took an appeal to the Florida Office of Insurance Regulation.  The O.I.R. affirmed the Judge's decision.  See Anika Myers Palm, "State Curbs Hartford Rate Hike," p. C2, col. 2 (Orlando Sentinel, Tuesday, June 3, 2008), available online at www.orlandosentinel.com.

     It is also re-reported in the newspaper article that in February, 2007, Hartford announced that it was not renewing 40,000 Homeowner's Insurance Policies in Florida.

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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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