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  • 🚗Your Vehicle Could Be Collecting & Selling Your Data to Insurance Companies (or, Recording You Naked in Your Garage)

    Every time you connect your smart phone, or press the gas pedal, your smart vehicle records data like your contacts, text messages, call logs, and driving speed. Every time you speak, your vehicle could be recording your conversations. And cameras? Yes, those too. Read more to find out where the data goes, who profits from it, and how car manufacturers are pushing back against your right to privacy. 🔑 Key Concepts: Every time you connect your smart phone to your vehicle, use your gas or brake pedals, or even speak in your vehicle (with on-board listening AI that you can't turn off), your vehicle records and collects data. And some vehicles' cameras are recording data as well. Purportedly, that data is sold by automakers to data brokers. Data brokers sell that data to anyone that wants to buy it. Insurance companies can buy this information—or get it direct from "safe driving" discount programs—and link it to individual policyholders. This has resulted in rate increases for some policyholders. And lastly, data collection through vehicles are essentially impossible for consumers to opt-out of, so there are massive consumer privacy and protection concerns. While car manufacturers are fighting against consumers' right to privacy, domestic abuse victims (through unsecured and uncontrollable car data, which can offer tracking for an abuser) are the only reason meaningful efforts are underway to change things. With all the uproar about AI and cybersecurity, funny but pervasive memes about the end of the world thanks to a fictitious-but-possible Skynet, Clearview AI selling our facial data scraped from the internet to law enforcement and insurance companies, and so on, the more practical tech and privacy headlines that affect us get lost in the mix. One of those practical headlines that gets missed, is this, from the New York Times: Automakers Are Sharing Consumers' Driving Behavior With Insurance Companies So, what does this mean exactly, why would you care, and what can you do about it? I'll cover all three. First Up: What does this mean? It means: Every time you connect your smart phone to your vehicle, use your gas or brake pedals, or even speak in your vehicle (with on-board listening AI that you can't turn off), your vehicle records and collects data. And some vehicles' cameras are recording data as well. Purportedly, that data is sold by automakers to data brokers. Data brokers sell that data to anyone that wants to buy it. And lastly, it's essentially impossible for consumers to opt-out of. In September 2023, the non profit Mozilla Foundation did a privacy audit of the largest car manufacturers, and published their somber findings to evidence this. Here are some excerpts: It’s Official: Cars Are the Worst Product Category We Have Ever Reviewed for Privacy [...] Ah, the wind in your hair, the open road ahead, and not a care in the world… except all the trackers, cameras, microphones, and sensors capturing your every move. Ugh. Modern cars are a privacy nightmare. And they, go on to expand upon the following points: The car brands we researched are terrible at privacy and security [...] 1. They collect too much personal data (all of them) 2. Most (84%) share or sell your data 3. Most (92%) give drivers little to no control over their personal data 4. We couldn’t confirm whether any of them meet our Minimum Security Standards Why Would You Care? I guess, you don't have to care. However, if you value your privacy (including not being recorded naked in your own home by your car. Yes, I'll cover that), then this article is for you. If a consumer is fully aware of what they are signing up for, in plain language, and has a clear opt-out that's one thing. But, on the tech side, we've already covered that vehicles are currently the worst-scored technology for privacy practices, so we can see that neither of these conditions are being met. If you hook up your phone to your vehicle, it copies texts, contacts, and other data from your device. And much more data is collected, from other sources. Even your vehicle's cameras (outside) could be recording and collecting data. Tesla employees were found to be sharing private images and videos recorded by Tesla vehicles, including a man naked in his garage. Even if data stays within a company, how can you trust how the information is handled within a company? On the insurance side, data brokers have been selling that data to insurance companies. Is that a bad thing? Again: only if the consumer is not fully aware, and can't opt-out. Technically speaking, there are two ways to opt-out, but it will either break your vehicle's ability to be used (covered below), or you can't even buy insurance or receive some critical services or commodities (covered later in the article). So, practically speaking, you cannot opt-out. According to Mozilla Foundation's report, you can opt-out, but it might take away main functionality of your vehicle in some cases: However, “if you no longer wish for us to collect vehicle data or any other data from your Tesla vehicle, please contact us to deactivate connectivity. Please note, certain advanced features such as over-the-air updates, remote services, and interactivity with mobile applications and in-car features such as location search, Internet radio, voice commands, and web browser functionality rely on such connectivity. If you choose to opt out of vehicle data collection (with the exception of in-car Data Sharing preferences), we will not be able to know or notify you of issues applicable to your vehicle in real time. This may result in your vehicle suffering from reduced functionality, serious damage, or inoperability." TESLA'S CUSTOMER PRIVACY NOTICE https://www.tesla.com/legal/privacy And with future vehicles needing to have a mandatory Drowsiness Detection System (including mandatory in-car breathalyzers for every new vehicle, starting 2027) as part of an effort to increase road safety, the concern for privacy intrudes even further. In this type of system (or retrofitted device), it's designed to alert you when it detects signs of drowsiness or inattention, will further collect, process, and potentially share sensitive information about your driving patterns and behaviors. This move, while purportedly beneficial for safety, opens up another avenue for data collection and privacy concerns. And, there are issues with accuracy of algorithms used in such technology, including DDS systems thinking people of Asian descent are asleep or drowsy, simply because of the natural shape of their eyes. I will avail you of data collection and privacy, technology dataset bias concerns (no, this does not mean 'bias' as in topics about ethic tensions, but rather scientific dataset bias), and the intricate web of beneficiaries (including insurance companies) of this technology, in another article. What Can You Do About It? At the moment, the options for maintaining privacy while enjoying the benefits of modern automotive technology seem limited. Besides not driving a vehicle manufactured after a certain year and avoiding the use of smartphones entirely, there are a few steps you can take to safeguard your privacy as much as possible: Read the Fine Print. Before using in-car technology, carefully review the privacy policies of both your vehicle and any connected apps to understand what data is being collected and how it will be used. Use Limited Connectivity Options. If possible, use only necessary connectivity options that do not require you to share sensitive information. If your vehicle has an audio jack, you might try that (while obeying your state's regulations for safe use of cell phones while driving, of course). Advocate for Transparency and Control. Support initiatives and legislation that push for greater transparency from automakers about data collection and for laws that allow consumers more control over their data. The most recent legislative wins (not wins yet, but federal legislative bodies are finally looking at it) are related to allowing for control over data, to protect domestic abuse victims from abusers that use tracking ability built into many modern smart vehicles. Opting Out of LexisNexis Reporting Data. This can possibly bar you from being able to purchase insurance, but I will detail this below, either way. LexisNexis Risk Solutions is indeed a data brokerage giant that amasses and sells consumer data for various purposes, including to insurance companies. Opting out of LexisNexis's data collection—except for publicly available data—can be a step toward protecting your privacy. However, it's essential to understand the implications. According to Lexis Nexis: "Please understand that by opting out, you may experience future difficulty using online systems for such things as instant identity and insurance verification." Insurance companies and agents often use products from Lexis Nexis, in many areas of operations, sales, claims, and underwriting. As such, by limiting your information collected, that could affect some aspects of your property insurance. For those looking to dive deeper into what LexisNexis collects and how you can opt out, their Privacy Center provides information. It's an opportunity to understand the scope of their data collection and how it influences various aspects of your life, from insurance premiums to background checks. Here is the Lexis Nexis opt-out form, and additional information. Last Thoughts The intertwining of technology and privacy continues to be a complex issue, especially as vehicles become more advanced. While the benefits of these advancements are undeniable, the cost to personal privacy cannot be overlooked. As consumers, staying informed and advocating for our rights is crucial in navigating this evolving landscape. Remember, your voice matters in the push for a balance between innovation and privacy. ❤️ Be well and stay positive!

  • 🌱The Growing Field of Cannabis Insurance (Pun Intended)

    Disclaimer: This article is not sponsored, nor prompted. I'm simply sharing of my own volition, to do my part in supporting attracting the best talent to the insurance industry at large, considering the current talent crisis. There’s always something new to learn every day, and withing property insurance, there's certainly no exception! There's a relatively new P&C avenue that is rapidly gaining momentum—cannabis insurance. As more and more state-specific legislation and rulemaking in the United States pave the way for a regulated, commercial cannabis industry, property insurance has followed. Announced earlier in 2023, there is now a certification for professionals interested in this P&C insurance topic. ALM (the parent company of National Underwriter's FC&S, and PropertyCasualty360) released a new designation: CISC (Cannabis Insurance Coverage Specialist). Now, I'm not a cannabis user. However, it's been really neat to see how the insurance industry has responded to each state's common-sense and thoughtful legalization, with offering insuring products that never existed before. With the resulting standardization that has led the way for enforced safety and quality standards for growing and storage of the crop itself, and new opportunities for everyday consumers that may need it for medical reasons (or responsible recreation where lawful), there are now legitimate businesses that need to be insured! Adjusters, appraisers, attorneys, and expert witnesses that handle commercial cannabis losses might consider getting the CISC designation from ALM. Cannabis Insurance Coverage Specialist (CISC) Designation For those looking to take their expertise in cannabis insurance to the next level, there’s exciting news. ALM, the global leader in specialized industry news and information, has now introduced a CISC (Cannabis Insurance Coverage Specialist) designation. Earning the CISC designation demonstrates your proficiency in understanding the specific risks, regulations, and coverage requirements associated with the cannabis industry. It’s a valuable credential that can open doors to new opportunities and establish you as a trusted expert in this emerging market. Another Chapter, in The Fascinating History of Insurance The property and casualty insurance industry has a rich and storied history that spans centuries (well, thousands of years, technically). The emergence of cannabis insurance represents just one more chapter in this captivating narrative. As the cannabis industry continues to evolve and mature, insurance professionals have an opportunity to be part of its growth. By staying informed and leveraging resources like National Underwriter’s FC&S Expert Coverage Interpretation, you can position yourself as a trusted advisor in the exciting world of cannabis insurance. FC&S offers comprehensive insights and knowledge to get you up-to-speed on all things cannabis insurance. To thrive in the (truly, shockingly, excitingly, and frustratingly) dynamic field of property insurance, staying informed, connecting with experts, and pursuing specialized designations like CISC are steps to consider to stay ahead. Enjoy your week,

  • 🔓Digital Illiteracy and Data Privacy Issues Within Property Insurance, Part One: Vendors

    In the first installment of this exploration into digital illiteracy within the property insurance sector, we delve into a subtle yet pervasive issue: the unseen risks of data privacy breaches in outsourcing practices and marketplace platforms. Unfortunately, in researching this article, I found a large batch of Xactimate estimates with policyholder claim data open to the internet. I'll cover this later in the article, and what it has to do with something called digital literacy. As professionals in this field—including public adjusters, contractors, and independent adjusters (IAs)—increasingly turn to 3rd-parties on generalized online platforms like Fiverr, UpWork, or industry-specific vendors for efficiency in tasks such as generating Xactimate estimates, this challenge is quietly surfacing. This challenge is not born from malice or negligence, but rather from a gap in digital literacy. Ok, What Is Digital Literacy? The American Library Association (ALA)'s webpage for digital literacy resources state: "Like information literacy, digital literacy requires skills in locating and using information and in critical thinking. Beyond that, however, digital literacy involves knowing digital tools and using them in communicative, collaborative ways through social engagement. ALA’s Digital Literacy Task Force defines digital literacy as “the ability to use information and communication technologies to find, evaluate, create, and communicate information, requiring both cognitive and technical skills.” Digital literacy matters, because some of the most common cybersecurity issues can stem from careless handling of personal data, not knowing how different software and digital solutions work, sharing admin credentials insecurely, and not knowing about how to avoid basic phishing and social engineering attacks. Because navigating the web of different data privacy laws (13+ US states have them now, including some with additional data breach reporting requirements, which I'll cover in another article), the digital realm now requires more than just a cursory understanding. It demands a nuanced, informed approach to handling sensitive information. Data Breaches Only Happen From Brute-Force Hacking... Right? Nope. Not always. A lot of data breaches happen due to human error, and exposed credentials, which can be picked up by basic credential scrapers. And, while Government entities and insurance companies are larger targets for bad actors, small businesses and professionals must take the same care and diligence to protect their clients' information. With data breaches becoming so common that we see headlines almost every day, and cybercriminals armed with new technology, it's clear that no one in the property insurance sector is immune, including state departments of insurance: Insurance companies: and first-party property insurance claim professionals—which we'll focus on in a moment—but first: Are We Resigned to “C’est La Vie”, or, Can We Do Something? The remedy to this situation (for the property insurance industry, at least) lies in enhancing digital literacy among insurance professionals. I know of insurance adjuster colleagues that still use mainly physical files for their operations, which doesn't sound like a such a bad idea at the moment. Maybe they shouldn't change a thing! However, for those of us that are firmly set-in, or easing into digital operations and claim management, we must look closer and address the digital literacy gap. This includes a thorough vetting of third-party service providers and a keen understanding of the privacy settings in online platforms. Digital Illiteracy and Accidental Data Leaks In researching the topic of this article series, I stumbled upon some Xactimate estimates open to the internet, via reviews left on Fiverr, for Xactimate estimating gigs. I found these through regular Google searches. Across multiple listings, I found sensitive information within the reviews, like: claim and policy numbers first and last names loss addresses business names and addresses, EINs phone numbers email addresses and more The Xactimates were for losses across the United States, including Texas, California, Minnesota, Rhode Island, New Jersey, Georgia, Virginia, Montana, Michigan, Washington D.C., Arkansas, Ohio, Massachusetts, Maryland, Louisiana, New York, Kentucky, Indiana, Florida, Pennsylvania, and even Ontario, Canada. After investigating to figure out how this may have happened, I believe it's not the fault of the providers of the Xactimate estimating gigs, but rather simply due to a default sharing setting on the platform when leaving reviews. Looking at the Help Center, it appears that when leaving a review, the default setting is to include a copy of the deliverable for other buyers to view. In order to avoid that, these professionals would have to be aware of Fiverr's unique website settings, and uncheck that option before posting their review. This is just one example of digital illiteracy and its role in data breaches. EXAMPLES OF THE EXPOSED XACTIMATES: I blurred the sensitive data from the images in the gallery below for privacy within this article, but they are completely unredacted on Fiverr: If a data breach like this occurs by accident in a public space like a Fiverr review, immediate action is probably a good idea. You can probably contact Fiverr support to remove any sensitive data from the review, while maintaining the integrity of the professional's review. The digital revolution in property insurance is plentiful with opportunities, but also rife with risks that demand our attention and action. Is Outsourcing Bad, or Good? As with most business tools, the concept of outsourcing for businesses is neither good, nor bad. How, when, where, and with whom you outsource to, can determine risks and possible issues with legality (for which, your attorney in your state will certainly be the best person to consult with about topics like this). When it comes to estimating property losses, specifically, many professionals in the first-party property claims space may outsource some or all of their estimating. That is not necessarily a bad thing... At the same time, data privacy must be considered. (An aside: those prices for the estimating gigs in Fiverr were the lowest I've ever seen. I would probably never use Fiverr for that service, but who knows? They could be good at what they do. Just be careful out there!) 🔑KEY CONCEPTS: Vet who you outsource to Know the technology you use Be aware of your regulatory and privacy requirements Resources, for The Concerned First-Party Property Claims Professional: Digital Literacy Basics and Resources, American Library Association Data Breach Response: A Guide for Business, United States Federal Trade Commission The ABA Cybersecurity Handbook: A Resource for Attorneys, Law Firms, and Business Professionals, Third Edition, The American Bar Association (Bonus: Four Tips to Avoid Cyber Insurance Coverage for a Data Breach; sorry ABA members only. Therefore, I'm not allowed access to read it, but the title looks good) For the nerds: 2022's Joint Cybersecurity Advisory, multiple agencies, including the US Cybersecurity and Infrastructure Security Agency I hope this is helpful! Be sure to subscribe to the blog. This is only part one of a series you won't want to miss. ✌🏾Be well,

  • 💸Liberty Mutual to Refund $7.7 Million in Consent Order: What Minnesota Policyholders Need to Know

    In a recent turn of events, the Minnesota Department of Commerce and Liberty Mutual, one of the giants in the insurance industry, have come to a consensus that will see policyholders benefiting from a massive refund. Let's break down the key details of this consent order and what it means for consumers. Disclaimer: This summary article is based on available information and is meant for informational purposes only. It is always advisable to consult official documents or seek professional advice for comprehensive insights. Background The Minnesota Department of Commerce initiated an investigation into Liberty Mutual and several of its subsidiaries operating in Minnesota. The findings of the investigation revealed several alleged violations of state insurance regulations. Consequently, a consent order was agreed upon, without the insurance company admitting to any wrongdoing. The Companies in Question The proceedings focused on the following companies: Liberty Mutual Insurance Company Liberty Mutual Personal Insurance Company Liberty Mutual General Insurance Company LM Insurance Corporation Safeco Insurance Company of Indiana Key Violations Highlighted Antitheft Protection Device Discount: It was alleged that Liberty Mutual did not provide the requisite discounts for antitheft protection devices related to auto insurance. This oversight led to refunds and credits worth over $2.27 million to 53,604 policyholders, averaging about $42.41 per individual. Discrimination based on Residential Status: The company allegedly considered an applicant's status as a residential tenant when offering multi-policy discounts, especially when bundling auto and homeowners' insurance. This resulted in an estimated $2.7 million in refunds and credits to 7,700 policyholders, averaging $350.65 each. Automated Rate Increase: The insurance company reportedly applied automated rate increases contrary to state laws. As a result, refunds and credits worth about $2.1 million will be issued to approximately 11,800 current policyholders (averaging $177.96 each) and $670,000 to 8,700 former policyholders (averaging $77.01 each). The Outcome As part of the consent order: Liberty Mutual has agreed to refund approximately $7.7 million to a total of 86,506 policyholders. This refund will be in the form of credits, premium reductions, or direct refunds. An additional civil penalty of $150,000 was imposed on Liberty Mutual. However, this penalty will be stayed (not paid) provided Liberty Mutual adheres to all terms of the consent order. What This Means for Consumers For Minnesota policyholders, this action reinforces the commitment of state departments to ensure fairness and transparency in the insurance industry. Consumers are encouraged to be aware of the state-specific rights they are entitled to. Understanding the Inclusion of Multiple Companies in the Liberty Mutual Consent Order Liberty Mutual is a household name in the insurance industry, but for those unfamiliar with the inner workings of such large corporations, the inclusion of multiple company names in the recent consent order with the Minnesota Department of Commerce might be a bit puzzling! Let's delve into why multiple companies were named, even though Liberty Mutual is the primary entity in focus: 1. The Structure of Large Corporations Large corporations often operate through a complex network of subsidiaries, affiliates, and sister companies. These structures allow companies to manage risk, cater to specific markets, or comply with specific regional regulations. In the case of insurance, different subsidiaries might handle different types of insurance products or serve different geographic areas. 2. Liberty Mutual and its Subsidiaries For each of the five named companies, while operating under the broader "Liberty Mutual" umbrella, is distinct in terms of its operational focus, regulatory compliance requirements, and business strategies. 3. Regulatory Oversight and Compliance When a state regulatory body, like the Minnesota Department of Commerce, conducts investigations or takes actions, they need to specify which legal entities are involved. If a violation occurred in a product or policy managed by a subsidiary, it's essential to name that subsidiary to ensure clarity and legal precision. 4. Implications Each subsidiary or affiliate is its own entity, with its own tax IDs, insurance licenses, and corporate responsibilities. If a subsidiary violates a regulation, it's that specific entity (and not necessarily the parent company) that might face penalties, even if the parent company ends up paying those penalties. 5. Branding vs. Operation To the general public, they might only see a main trade name as the brand offering their insurance policy. However, behind the scenes, the specific terms of their policy, the rates they're offered, and the regulatory compliance behind that policy might be managed by a subsidiary. The naming of multiple companies in such orders underscores the complexity of large corporations and the regulatory landscape they navigate. With each state having its own regulations, managing these can get complex! It's a testament to the thoroughness of regulatory bodies in ensuring that every entity, regardless of its relationship with a parent company, remains compliant with the law. For consumers, it's a reminder that the brand name they're familiar with might represent a web of interconnected companies working together to provide their services. Closing Thoughts Such events underline the significance of regulatory oversight to ensure that both consumers and providers benefit from a transparent and fair system! For a more detailed look into the Minnesota Department of Commerce consent order, click here.

  • PIH Podcast: The Secrets of Niche Marketing, Property Insurance, & More: A Conversation with Sarah

    From the Premier Insurance Housing (PIH) Podcast, with Host Caleb Owens, Episode #7: Guest Sarah Parker of Parker Public Adjusting, and Kuva Media In PIH Podcast's latest podcast episode, we had the pleasure of hosting the multi-talented Sarah Parker, a woman who has turned challenges into opportunities and has carved her own path in the world of entrepreneurship. THE POSSIBILITIES ARE ENDLESS Sarah's journey is one of self-discovery and determination. Growing up in a media agency owned her mother, she was inspired early on to forge her own path. She chose to skip college, a decision that was not taken lightly, but was driven by her belief in practical experience and her entrepreneurial spirit. THERE ISN'T ONE ROAD TO SUCCESS Her story is a testament to the fact that there are multiple paths to success. In a world where a college degree is often seen as a prerequisite for a successful career, Sarah challenges this notion. She shares her experiences with corporate giants like Target Corporation, discussing their hiring practices, operational costs, and the value they place on formal education. LET THEM SAY 'NO' One of the most powerful takeaways from our conversation with Sarah was her perspective on rejection. She views every "no" as a motivator, a push to try something different, to innovate, and to persevere. This mindset has fueled her success and led to the creation of her own venture, Parker Public Adjusting, and later Kuva Media. YOU, HAVE UNTAPPED POTENTIAL Sarah also shared her insights on the untapped potential of the average person. She believes that people are much more intelligent and creative than they realize, and she encourages everyone to tap into their innate abilities to solve problems and think creatively. BE INSPIRED, AND TAKE ACTION Our conversation with Sarah Parker is a must-listen for anyone seeking inspiration and motivation in their entrepreneurial journey. Tune in to explore the power of intelligence and creativity in business, and learn how you can turn challenges into opportunities. In addition to our enlightening podcast episodes, we at Premier Insurance Housing (PIH) are here to serve you with policyholders' needs for ALE housing solutions. For more information or to request our services:

  • 📖 True Claim Stories™️: Property Claim Denials and Delays Can Happen...

    Ever heard of some outrageous and entertaining real-life examples of insurance claims gone awry? While many, many policyholders each year have a smooth claims experience, some might face unexpected challenges. That's where Parker Public Adjusting® steps in to help, exclusively for #Minnesota #policyholders. As an industry-leading public adjusting firm, we specialize in property insurance claim management, dispute resolution, and advocacy for policyholders, serving #HOAs and #TownhomeAssociations, businesses, and commercial and private property owners in Minnesota. Check out our latest video on YouTube, where we bring you a satirical yet true look at why many of our past and current clients choose to work with us. We hope you never need us, but we're here if you do.® Please Note: While we would like to highlight a claim issue that we see often, for the benefit of helping policyholders to become #informedconsumers, it's also important to note that: → Not all property claims are underpaid or wrongfully denied. Be wary of any public adjuster that asserts such → Coverage for a property claim is determined by your policy language, first and foremost, and property policies do not cover every type of loss. It's important to read your policy → When it comes to dispute resolution, hiring a public insurance adjuster is only one possible resolution option, and is not required → If you need legal advice, connect with an attorney that specializes in first-party property claims. While public adjusters can be an effective resolution route for many policyholders, and can review and interpret policies (in most states) and assist with a property claim, we are not attorneys and cannot give legal advice → If you do approach a public insurance adjuster for a second opinion, United Policyholders (UP) has some great tips on questions you might ask a public adjuster. Watch the video on YouTube: https://youtu.be/4REzS5NbB7A #TrueClaimStories #PropertyInsurance #ClaimDenials #ClaimDelays #ParkerPublicAdjusting #MinnesotaPublicAdjuster

  • 🎧 Podcast: Listen to This Bull 🐂 With Guests: Tom Sulzmann of Loveland Innovations & Sarah Parker

    Reposted with permission, from Listen to This Bull. Thomas Sulzman with Loveland Innovations and Sarah Parker with Parker Public Adjusting and Kuva Media join us to discuss the future of claims involving drone, tech and AI! Thanks for joining us for another episode of LISTEN TO THIS BULL: "Exposing Bull in the Insurance Industry" https://listentothisbull.com/ ────────────────── LISTEN TO THIS BULL is available on your favorite streaming platform!: ▻Apple Podcasts: shorturl.at/bkuP7 ▻Spotify: shorturl.at/bpEMU ▻Google Podcasts: shorturl.at/yAJY5 ▻Amazon Music: shorturl.at/rxBX9 ────────────────── Check out our social media content! ▻Facebook: https://facebook.com/listentothisbull/ ▻Instagram: https://instagram.com/listentothisbull/ ▻Linkedin: https://linkedin.com/company/listento... ▻TikTok: https://tiktok.com/@listentothisbull ────────────────── ***Listen to this BULL is intended to educate Contractors, Property Owners, Public Adjusters and Attorneys on the "BULL" they might encounter in an insurance claim. Often people feel like they have no options when going up against the colossus insurance companies but we are here to prove that you DO HAVE OPTIONS! Listen to this Bull is not intended to give legal advice. Please seek the advice of an attorney before acting on any information provided by this video or any opinions offered by Mathew Mulholland, Remington Huggins, or any of Listen to this Bull’s guests. All rights reserved.

  • 🌴 Trees: Property Claims, Personal Injury, and Wrongful Death

    Confronting tree-related property damage, personal injury, or wrongful death can be challenging, particularly when considering the often-overlooked role of forensic arborists. In this guide, discover their vital contributions in assessing liability and resolving claims, while gaining insights on expert tree analysis, insurance policies, and practical steps for navigating these incidents. Disclaimer: The information contained in this article is for general informational purposes only and is not intended as legal or insurance advice. The opinions and advice expressed in this article are those of the author and not necessarily those of any organizations or entities the author may be affiliated with. The information provided in this article should not be used as a substitute for professional legal or insurance advice. If you have specific legal or insurance questions, please consult a licensed professional in your area. The creator of that famous line “I think I shall never see a poem lovely as a tree” clearly did not manage insurance claims involving property damage, personal injury, or wrongful death. Matters can go from confused to frantic in no time. Trees conjure up significant confusion as adjusters, attorneys, and courts struggle to grasp who owned the tree, was there a duty to inspect, how did the tree fail, could the failure have been prevented, and were there signs and symptoms of impending failure in the before situation of the failure? Some level of risk must be accepted to experience the benefits that trees provide. We deal with risk, which is the combination of the likelihood of an event and the severity of the potential consequences. To that end comes duty, which is defined by the courts. There is a greater duty to inspect with more people and fewer trees than more trees and fewer people. In most matters, the duty of care to inspect falls upon the owner of the tree. As to ownership of the tree(s), the rule in all states is that a tree whose trunk stands wholly on the land of one person belongs to that person. If a trunk straddles the land of two or more people, it usually belongs to all those property owners. Some states assign ownership as a percentage represented by the portion of the encroaching trunk across property lines. When an incident occurs causing damages or worse, a safe base to touch blames the failure of the tree or tree part on an Act of God, the definition of which rises to an extremely focused result. Many times, the tree had a pre-existing condition that would have ended with the same result of failure absence the Act of God. A forensic study of the failure may result in the identification of the original causation of the failure. Back to duty. Weather conditions are central to claims. If not an Act of God, weather plays a key role for both parties in a dispute. A meteorologist must strongly be considered in seeking resolution. Only a meteorologist can opine on weather conditions at the time and location of the incident. An attempt to save money by considering other resources of weather conditions is a bad investment. Extreme weather events occur infrequently. The Beaufort scale categorizing a level 9 has a wind velocity of 47-54 mph. Tree failures, in part or in whole below this level, are sometimes associated with pre-existing defects or other conditions that affect stability. Pre-existing conditions associated with tree failure must be open and obvious to an assessor looking for defects in a tree – the duty to inspect. The American National Standards Institute, ANSI A 300, Part 9, Tree Risk Assessment lists 3 categories of inspection to determine risk. A Level I inspection is relegated to large populations of trees and is accomplished by a “windshield” inspection, a walk-by, or a fly-over. The assessor is looking for obvious defects in the trees such as death or decline. A level II inspection is the standard assessment performed by arborists in response to a client’s request for a tree-risk assessment. It requires that the tree-risk assessor walk completely around the tree, looking at the site, the buttress roots, trunk, and branches. A level III or advanced assessment provides detailed information about specific tree parts and is typically conducted in conjunction with or after a level II inspection. Specialized equipment is used in the analysis. Apart from true Acts of God, a tree failure typically doesn’t just occur; there is a reason or a cause for the failure. The reason or cause may speak to duty. The location of the tree influences the level of duty. Trees located in remote areas are not held to the standard of duty as their companions growing in urban areas with multiple targets of people or property. Recall: more people and fewer trees… Causation of tree failure may be daunting; however, the mystique associated with tree failure is not. The rules of negligence apply to trees as they do in any other category of incident. —Joe About the Author: Joe Samnik is a consulting forensic arborist, an expert educated in the analysis of woody plants and other flora used as legal proof in judicial proceedings. By using his expertise in tree biology, growth, and identification, he is able to ascertain the age, condition, and context of trees that are involved in criminal or legal matters. He has been established for 57 years and is a recognized expert witness in small claims, civil, criminal, eminent domain, and federal courts of law. He has been named as an expert in over 1,250 litigation assignments and has appraised over $300 million of value in those assignments. Joe was also the past president of the Association of Eminent Domain Professionals and is licensed by the Bureau of Entomology, Department of Agriculture and Consumer Services. He is also the founding president of the International Society of Arboriculture (ISA), Florida Chapter and has presented at over 100 regional, state, national, and international conferences. His formula for appraising trees became part of Rule Chapter 1440 of the Florida statutes.

  • 🚫 They’re Back: Anti-Public Insurance Adjuster Endorsements in Louisiana

    Why care? Well, a very-big-someone cared enough to file an appeal to invalidate the directive that banned these endorsements. So, maybe, you should pay attention... Louisiana property policyholders have suffered enough: Five devastating hurricanes and two tropical storms, since 2020 Insurance companies failing (insolvent) at record rates State bailout fund created for relief suffers under record lawsuits Record premium increases, estimated to jump up 63% in 2023 Policyholders resorting to fighting wrongful insurance claim denials by using TikTok Unusual insurance industry drama involving hundreds of lawsuits filed by one law firm And (unfortunately) more. So, what now? Among many sweeping measures intended to protect policyholders in the aftermath of events of the last few years, on January 24, 2022, James J. Donelon, Commissioner of the Louisiana Department of Insurance (LDI), issued a directive. This directive—Directive 219—barred insurers from use of specific language in property insurance policies. Specifically, something called Anti-Public Insurance Adjuster endorsements. A "surplus lines insurer" did not take too kindly to this action, and filed an appeal, which resulted in an order rendering Directive 219 invalid, on August 23rd, 2022. Most readers of this blog will understand what the phrase Anti-Public Insurance Adjuster endorsements means. For those that don't, here is some background, and why this may matter to you: Most property insurance is regulated at state level, although some insurance, such as flood, is federally-regulated. A state insurance commissioner is a public service official that regulates insurance, with a focus on consumer protection, while balancing healthy insurance commerce. According to the National Association of Public Insurance Adjusters, public insurance adjusters are "experts on property loss adjustment who are retained by policyholders to assist in preparing, filing and adjusting insurance claims. Employed exclusively by a policyholder who has sustained an insured loss, these professionals manage every detail of the claim, working closely with the insured to provide the most equitable and prompt settlement possible[...]" Public insurance adjusters are currently licensed (or, at least regulated/registered) in 46 of the 50 states in the US (some form of public insurance adjusters are also regulated in Canada, the UK, and other countries around the world). An endorsement is a form added to a property policy, that contains language that modifies (adds, changes, or takes away) coverage. In summary, anti-public insurance adjuster endorsements is language added to a policy, by an insurance company, that seek to bar a policyholder from hiring a public insurance adjuster to (depending on each state's regulations) represent them, or assist them with, an insured property loss. To quote the LDI's now-invalid directive: "It has come to the attention of the Louisiana Department of Insurance that some insurers are attempting to prohibit the use of public adjusters by insureds in their policy provisions by endorsements to their policies. The anti-public adjuster clauses attempt to prohibit insureds from hiring, engaging, retaining, contracting with, or otherwise utilizing the services of a public adjuster. The prohibition contained in these endorsements or any other policy provision directly contravenes La. R.S. 22: 1704(E)(2), which grants insureds the right to hire a public adjuster." Okay. So, again, why should I care? A state insurance commissioner decided to issue Directive 219, in the interest of the public. So, using critical thinking concepts, the question we might ask first, is: Why did someone care enough to file an appeal to block this directive? Does the appealing party feel that public insurance adjusters are such a blight, that they must be banned from the inception of the policy, before a loss ever happens? Do they feel that public insurance adjusters are bad for policyholders, bad for insurance companies, or both? Well, the information I have at my disposal, citing an appeal by a "surplus lines insurer", does not answer my questions. Only: "[...]Appellant claimed it is aggrieved by the Directive. [...] Appellant argued that Directive 219 is inconsistent with Louisiana law." I'm not an attorney, so I can't comment on what that might mean (perhaps one will kindly provide us with some general insight, in the comments below). Concerningly, anti-public insurance adjuster endorsements are popping up in states across the country. Since the public insurance adjusting profession has existed, and represented policyholders since at least the 1940s—and some purport that they may have preceded insurance company adjusters—why have these endorsements been popping up, all of a sudden? I'm sure that time, will tell. So, what can I do about it? Well, probably not much at the current moment. But, I do have a constructive suggestion, that will help everyone in the future. “Don’t judge each day by the harvest you reap but by the seeds you plant.” — Robert Louis Stevenson As with all relationships, even the sometimes interesting ones highlighted in this article, it takes two to tango, as they say. Meaning, seek to first control what you can control: yourself, including your time, energy, and charity. Every property insurance industry professional, of any kind, might consider these tips: Never engage in property insurance fraud, whether that be insurer fraud against a policyholder, or insurance fraud against an insurer. In day-to-day claims handling, treat others with respect, even when you may disagree. Don't ascribe to, nor blindly spread broad rhetoric from any source, but instead seek facts, to form your own, balanced narrative. Seek quality, professional education from many sources, not just company-provided education. Consider joining a professional association (or, supporting one as a sponsor), to take an active role in shaping balanced and positive legislation. For public insurance adjusters, there are many state, regional, and national options, including: National Association of Public Insurance Adjusters American Association of Public Insurance Adjusters Consider supporting one or more policyholder advocacy nonprofits, as a sponsor, volunteer, yearly or monthly donor, and/or member. A thoughtful (tax-deductible!) donation of even $5/month can a difference for nonprofit organizations that are protecting policyholder rights, some for over 30 years. Here's a few that I'm a big fan of: United Policyholders American Policyholder Association United Survivor Disaster Relief Encourage talented and ethical colleagues to consider entering any profession in insurance... As our seasoned and valued insurance agents, underwriters, staff and independent adjusters, and other insurance professionals start to retire (or be replaced by new tech and AI), we don't have enough passionate professionals entering the profession to replace them. What do you think about all of this? I'd love to know, in the comments. Download the order invalidating Directive 219, here: Update 3/2/23: read Chip Merlin, Esq.'s article on the matter, at the Property Insurance Coverage Law blog. ✌🏾 Be well,

  • ⚕️Insider Tips: Making the Most of Your Health Insurance, as an Entrepreneur or Freelancer

    Navigating health insurance can be overwhelming, even as a property claims professional. Justis Wilson of Live Well Health Consulting, provides tips and best practices to consider. Disclaimer: this article does not constitute legal or insuring advice, and is for general information purposes only. Nothing in the Website is intended to be a substitute for formal legal advice and should not be relied upon as such. Read our full site Disclaimer here. As a freelancer or small business, it can be difficult to stay afloat in today's economy and compete with larger companies, making health insurance an added expense that can feel overwhelming and something that often falls on the back burner. However, health insurance is an important factor to consider when compiling your budget that ensures the hard work you’ve spent building your business isn’t ruined by a surprise trip to the hospital. The good news is, there are various options available to suit freelancers and small businesses depending on your particular needs. In this blog post, you'll learn about the various health insurance options available for freelancers and small businesses, including how to choose the right plan. You'll also get insider tips on making the most of your health benefits and tips for saving on health insurance premiums. Read on to learn more about health insurance for freelancers and small companies. Do I really need it? With rising premium and out of pocket prices, it’s easy to just throw up your hands and say “what’s the point?” Trust me, I get it. I certainly understand that spending the $150 cash once a year for your annual physical seems more appealing than paying premiums every month, but health insurance is possibly one of the most important financial protections you could have for your business. While it’s nice to get some benefits like cheaper doctor visits or free lab work with your plans, the real value of health insurance is the peace of mind: that the possibly bankrupting incidences that are bound to happen in your life, will be financially insignificant (or at least manageable). Furthermore, health insurance can provide access to preventative and primary care services, which can help freelancers and small companies maintain good health and reduce long-term medical costs. The real and the... Not so real Now that we’ve established that you do, in fact, need to consider health insurance, let’s learn how to sift out the plans that will actually fit your, and your company's needs. Luckily, this is much simpler than it looks! Essentially, you need to ask three questions to ensure you’ve got the right stuff: Do I have a solid "max out of pocket"? This essentially just means that no matter what happens or how expensive those medical bills get, you will never pay more than “x” in a single year. Do I have an unlimited "max benefit"? This ensures that you will never be capped on your benefits and guarantees that the insurance company will never throw in the towel because your bills started getting expensive. Lastly, do I have "upfront underwriting" (if any at all)? This one basically just means, if you get approved for a plan they will NOT go searching for a reason not to pay a claim. If you ever hear the terms “point of claim underwriting,” or "post-claim underwriting," turn and run. This essentially means they will let you into the plan, but will have the right and the opportunity to look for any reason they can to tie your claim to pre-existing conditions to get out of paying. So what do I consider going with? Well this one is a bit more complicated. If having “real” insurance is important to you, you essentially have three places you can find health insurance, each having their own strengths and weaknesses. EMPLOYER SPONSORED PLAN First of your three options would be through an employer sponsored plan. I understand most people reading this are self-employed and don’t have such luxuries, but if you do, consider yourself lucky! These are plans that will most likely cover any pre-existing condition you have and are heavily regulated so you know they are at least dependable. The only real downsides to this option are that the premiums tend to get a bit pricey when adding a family and the limited options offered may not be custom tailored to your needs. THE MARKETPLACE The next option is something most people are familiar with: the marketplace. You may have heard this called “ACA insurance” or “Obamacare” but it’s all the same thing. Marketplace plans are great options if you are dealing with pre-existing conditions, simply because there are absolutely no pre-existing limitations. These are also especially useful if you are on the lower end of the income spectrum due to their income based subsidy programs. However, if you ARE doing well financially, these are some of the more expensive plans out there. The biggest flaw in marketplace plans is typically their limited networks; with only HMOs and EPOs, your availability of care is limited and you will not have much in the way of coverage when you leave your home county. UNDERWRITTEN COVERAGE The last “real" option out there is underwritten coverage. I like to equate these to a country club; they’re very hard to get into but have some great benefits for those that are able to. These plans are designed to keep healthy people in and the not so healthy people out. For those that can get in, they get to enjoy lower premiums, lower out of pockets, and (most importantly) access to the best nationwide PPO (Preferred Provider Organization) networks available. Now I don’t want to make these seem like they’re all sunshine and rainbows because they DO have two major downsides. They will not cover anything maternity related or mental health related, but if that’s not a concern of yours, these are great options to save some money and get into great nationwide coverage. Final Thoughts If you take nothing else from this, know these two things: No matter what your situation is, there is a plan that will work for you. Finding a knowledgeable, trustworthy agent is very helpful in selecting the right plan for you and your family. If you need anything at all, my team of specialists and I are more than happy to help in any way possible! We can be reached at (325) 439-0651 or by email at livewellhealthtx@outlook.com. -Justis About the Author: Coming from a small town in West Texas, Justis has always been taught that the first rule of business is to make the client his first priority. Justis and his team of healthcare agents take the time to have a real conversation with each client, in order to find them the best options available to fit their needs and budget. Servicing the following states (as of 1/25/23): Texas, Oklahoma, Mississippi, Florida, Georgia, Kansas, Missouri, Alabama, North Carolina, South Carolina, Kentucky, Tennessee, Illinois, Indiana, Ohio, and Colorado.

  • 🤳🏽 Virtual Mobile Inspections for Property Claims: Boon, or Detriment?

    As the insurance industry becomes more digitized, companies are looking for new ways to streamline the claims process. Mobile technology is playing a big role in this transformation. Table of Contents OK, Sarah: what’s the story? The good The bad The ugly J.D. Power: Customer Satisfaction with Digital Claims Declines Again (12/21/22 update) A guide to performing mobile inspections OK, Sarah: what’s the story? When you file a property claim with your insurer, your insurance company will typically send out a person to perform an initial damage inspection. This person could be an insurance company employee (staff adjuster, or claims representative) or a 3rd-party insurance company representative or contracted expert (independent adjuster, or other professional). While in-person inspections are the still norm, remote video inspections—often called virtual, or mobile inspections—are becoming more common. Is this a good thing, or a bad thing for you, and other policyholders? Well, it can be both! Let's take a look at some of the possible variables. The good I'm a huge fan of the use of technology, where it ethically serves humans, and the Greater Good. Cost-savings, environmental relief, reduced stress for humans... There are many, many ways in which improvements in technology—especially Artificial Intelligence (AI) and automation—can improve your personal and business lives. This includes where these two spheres of professional and personal matters intersect: within property claims. The claims department is a service department. It siphons money out of the company, rather than in. As a practical matter of business, ensuring that this department is streamlined (while still providing excellent service to policyholders and other claimants, and keeping with compliance), is of great importance. There are newly-emerging, professional standards for remote video inspections, specifically. These come in the form of published guidelines from a few of the many not-for-profit code, certification, and testing standards organizations like the International Code Council (ICC), and NFPA 915. This is good news, as insurance companies have a monumental task at hand, when it comes to running efficient claim departments. Published guidelines may help insurance companies reduce the burden of researching, creating, implementing, and auditing standards such as these. In general, the following are just a few examples of what improved technology within claims might result in, when used ethically and responsibly: Faster response and communication times Improved methods, types, and volumes of documentation and data Reduced operating costs Meeting legal compliance and company KPIs Less manual tasks, which could result in less data entry errors, and less stress on employees, vendors, and claimants/policyholders Now, the key, guiding principles here are “ethically and responsibly”. With this in your mind, let's now look at what happens when these two principles are seemingly not guiding the process. The bad In all its forms, technology relies upon humans to create a standard, or threshold. For specialized technology like AI, it requires prompts and a starting dataset to work, operate, and eventually learn from. When these technology standards are set, the humans creating and curating this information must take great care to ensure that their myriad cognitive and other bias' are not inadvertently included, as well as other "human" factors or errors. This can help ensure that the technology is more helpful, than detrimental, for its end purpose. Within claims, the technology used for property inspections can be as simple as using your mobile phone's camera, as complex as a drone using an artificial intelligence software to detect probable damage anomalies, or as revolutionary as immersive telepresence technology; whatever that means (I read this term in a sales brochure, written for property insurance and real estate applications. It is beautifully, yet ambiguously worded. I assume that it means Matterport's and other companies' interactive 3D model mapping). While mobile inspections can streamline and introduce some possible improvements to the inspection process, there are also risks introduced, and related possible detriments to accurate loss scoping. Here are just a few of my initial thoughts on that: How accurate is the visual or measurement technology being used? Is this accuracy impacted by the technology, insurance, and/or construction knowledge (or lack thereof) of the user? Who determines what is inspected, and what is not? When creating these guidelines, are the parties involved qualified in loss investigation for the loss and property type, and common construction practices for each locale? How lenient are each carrier's mobile/virtual inspection guidelines, when it comes to deviating from the guidelines, and/or discovering possible errors and unintentionally omitted information? What about types of damage that may be hidden, such as in cases with water or fire damage? What information is assumed about the loss by the claims representative, when the policyholder is guided through an inspection? I'm sure you could add more to this list. Until the end of the article, where you'll have a chance to share your thoughts, let's move on to what (probably) should be your biggest concern. The ugly Humans still need to use common sense (or, human sense, as it were), when it comes to observing, reviewing, and appropriately intervening with technology and processes, as necessary. What inspired me to write this article, was that someone from Arkansas, called me in Minnesota, to tell me about a then-recent mobile inspection. This was for an exterior hail loss to a residential property, and performed with a mobile phone, and an app that the remote insurance company representative asked the policyholder to download. During this mobile inspection, the claims representative allegedly instructed the policyholder to review specific things from a checklist. According to the direct account I received, when the policyholder brought up loss facts that deviated from the checklist, the claims representative at first refused to document them. Apparently, when the policyholder insisted on a thorough inspection, and that the claims representative record the information they wanted to provide to them about their loss, the claims representative then said they would have to perform an in-person inspection. They said that the insurance company would now send out an inspector to look at the damage, in-person. Overall, I'm certain that mobile inspections can, and will be effective for some property claims. Where only specific or preliminary, and/or small details need to be documented—without the need to test, sample, smell, hear, account for visual variables like light variations, or detect hidden damage—I feel that this will be especially helpful. Customer Satisfaction with Digital Claims Declines Again: J.D. Power The Insurance Journal published an article titled, Customer Satisfaction with Digital Claims Declines Again: J.D. Power, on December 21, 2022. Here is an excerpt: Customer satisfaction with insurers’ digital claims systems declined for the second consecutive year, according to a J.D. Power survey of auto and home policyholders. The results of this survey is concerning. Many states continue pass laws allowing virtual inspections to be performed, in lieu of an in-person inspection, for everything from building official inspections, to property insurance. For property insurance, my hope is that the use of technology will be used not just for cost-savings, but to truly improve the process and experience for policyholders. However, no policyholder would be in charge of how an insurer chooses to implement digital claims technology, and the feedback is clear: the current digital claims handling processes for some claims, are at detriment to customer/claimant experience. Guide to Mobile/Virtual Inspections Read my full Guest Blog article about these types of inspections, and get specific guidance, at policyholder nonprofit, United Policyholders’ website: Have you ever participated in a virtual mobile property inspection? Tell us about your experience, in the comments below! Thank you for reading,

  • ❄️ Are You Ready for Winter? Your Property Claim May Not Be...

    Claims have deadlines. Read this article to learn why, and what to do if you have an upcoming claim deadline. If you have an active property claim for your home, townhome or homeowners association, business, or other commercial property, it's a good idea review your policy yourself, or by a professional, to determine what deadlines your policy contains. You may not know this, but policy deadlines can come in many different flavors: Recoverable depreciation deadline Loss reporting deadline Additional Living Expenses (ALE) or Business Interruption (BI) And more Long and inclement winters in Northern states can make some exterior property inspections and/or or repairs impossible or difficult, until the next spring. With this in mind, it is important to secure any necessary claim extensions (in writing, s'il vous plaît!) with your insurance company, as soon as possible. For many claim deadlines, a policyholder or their public insurance adjuster may request and obtain them, but for some specific types of claim deadlines, an attorney's assistance may be required. Below are some of the shortest repair or replacement deadlines from different Homeowners and Commercial property policies we have seen in Minnesota: "To obtain the Recoverable Depreciation for the claim you (the policyholder) must repair or replace the damaged property..." Within 180 days from the date of loss Within 180 days from the first (or last) Actual Cash Value payment Within 1 year from the date of loss There are more! Not sure what any of this means? It's alright, not everyone handles insurance claims every day (or enjoys it) like I do. If you're a policyholder of a Minnesota property, we're here for you! My team and I are standing by to answer any claim questions you might have. ☕ Warmly yours,

  • 📑 What is a Declarations Page, and How do I Read it?

    (🎮 #interactivelearning) Learn why “dec. pages” for Commercial, Homeowners, Townhome/HOA, and other property policies are important to you! Your property policy starts with your Declarations Page In this article, you'll learn about something called a Declarations Page, which are a section of property policies. I know... At this point, you may be thinking: But trust me: making the effort to be an informed insurance consumer is important. I see the results of coverage gaps, and underinsurance every day, in my work as a public insurance adjuster. Now that you know the importance of the topic, let's first look at the basics of an insurance contract, commonly known as an insurance policy. Yes, your insurance policy is a contract. Treat it like one! Would you agree that it's probably a good idea to read, and review a contract, before you sign it? Well, many people have never read their Homeowners, Commercial, or Businessowners policies, and those are all contracts. Today, is a great day to start that habit! Explore this interactive mockup of a Homeowners Declarations Page! DISCLAIMER This is for general informational purposes only, and is not legal or insuring advice! This is a simplified mockup of a fictitious Homeowners insurance declarations page, and does not contain every variable your property policies' declarations pages might have. Every declarations page can look different, and be structured in different ways, depending on the type of property insurance, the insurance company, your chosen coverages, and more. For for your own property insurance, be sure to connect with your licensed insurance agent or broker if you have specific questions about your declarations page and/or policy. Looking for more resources?

  • ✨ FC&S - The Adjuster’s Best Friend

    Meet your new best friend: FC&S Expert Coverage Interpretation. Professional, first-party property insurance resources that can help you digitize your work, obtain a designation, get expert coverage interpretation, and much, much more. There are many truths within the insurance industry - one is that good faith and fair dealing is a requirement of any carrier; another is that ambiguities in a policy are construed in favor of the insured, and another is that knowledge is required of every insurance professional. The industry values knowledge highly, and multiple educational designations are available to professionals. Along with education, professional references are also important. FC&S Expert Coverage Interpretation began 93 years ago as Fire, Casualty, & Surety Bulletins (FC&S). In 1929, Edward J. Wolgemuth, founder of The National Underwriter Company, developed Fire, Casualty, & Surety Bulletins (FC&S) as a reference source for the property and casualty industry. It contained analysis of standard policies and one of the first features was the ability of subscribers to submit coverage questions for the editors to provide unbiased answers. Originally published in print form in large binders updated monthly, Fire, Casualty, & Surety Bulletins became known as FC&S Bulletins, and then as FC&S Expert Coverage Interpretation. The first electronic version of FC&S was developed in 1989, and the platform was most recently updated in 2019. FC&S provides multiple resources for insurance professionals, written by professionals with decades of experience. Within FC&S you’ll find analyses of the ISO policy forms, where policies are broken down and explained in depth. What do the definitions really mean? What is covered and excluded? Where are there exceptions to both coverages and exclusions? Likewise, as these policies are updated, the differences between policy editions are highlighted. These differences often change what coverage is available, making it easy to determine if the change made is a broadening or reduction of coverage, or simply a clarification of coverage intent. Copies of these forms are also available. There are discussions of broad insurance topics, such as what is collision within both commercial and personal auto policies, how a state insurance department works, and articles explaining credit scoring, autonomous vehicles, marijuana, e-cigarettes, drones and other emerging risks. Litigation is also a major issue within the industry, and there is a weekly article discussing a recent case involving insurance coverage. Likewise, there is a weekly fraud article that highlights someone recently caught trying to defraud an insurer. One of our most popular features is Ask the Experts. Subscribers may submit questions concerning coverages on any policy form. The editors will review the question and provide an unbiased, objective answer. Many subscribers use these answers when dealing with situations where they are unsure of coverage or when coverage has been denied. FC&S has been quoted in multiple court cases over the years as providing reliable coverage interpretation. What’s really interesting with the questions is how a slight variation in a claim scenario or a change in policy language can change the answer. Sometimes we get the same question, but it involves a different edition of the same policy. One of those answers agrees there is coverage, yet the other answer states there is no coverage. Both answers are correct based on the policy language involved. Many issues in insurance are governed by state statutes - claims handling requirements, data breach notification laws, condominium statutes, adjuster licensing statutes, matching statutes, and many more. FC&S provides interactive charts of these statutes for handy reference. Along with the charts, there are interactive checklists as well. The editors welcome suggestions for charts that users would find helpful. FC&S editors also provide webinars on a broad variety of topics; recordings of these webinars are now being stored on the site. FC&S prides itself on keeping up with, and staying ahead of, emerging issues. We started writing about autonomous vehicles a number of years ago before semi-autonomous vehicles were on the road. We started writing about car-sharing, ride-sharing, and home-sharing at the beginning of the gig economy and addressed the inherent insurance issues involved. We strive to provide the best content we can that helps our subscribers do their jobs, whether they’re agents, adjusters, underwriters, or in some other role. We look forward to welcoming you to our subscriber community! Christine About the author: With industry knowledge spanning 30 years, and as the managing Editor of FC&S Online, Christine is an experienced insurance professional specializing in personal lines, policy interpretation, underwriting, management, training, claims, systems development. An author of many professional publications, Christine regularly writes for Claims Magazine and National Underwriter Magazine, and regularly conducts and moderates webinars and other training. Her insurance coverage specialties include Homeowners, Dwelling Fire, Auto, Crime, and Emerging Risks.

  • 🐕‍🦺 From the Field: Kentucky Floods, July-August 2022

    ⚠️Trigger Warning: a true story from United Survivors Disaster Relief, featuring canine cadaver search teams, and a resilient hound named Diane. Foreward This is the first feature of a new Claim Pulse™ blog series: From the Field, highlighting what property insurance policyholders and property insurance professionals experience before, during, and after property losses. For each installment, I handpick compelling, interesting, or educational stories. The humorous insurance commercials we see definitely provide some laughs and levity, but any victim of a property loss, and any professional that works within the property insurance claim industry is aware of the seriousness, and depth of property losses. More than just property are lost, and trauma for their victims may last many years to come. However, thanks to on-the-ground disaster volunteers like Doug Quinn and Heather Shapter of United Survivors Disaster Relief, the healing can begin sooner. Volunteers like these are often on the disaster scene before roads are cleared, before power is restored, and before insurance professionals like public, staff, and independent adjusters can even begin to assess damage for insured properties. While all disasters are challenging, the devastating Kentucky floods in the end of July, and beginning of August, 2022 were especially heartbreaking, as most residents affected did not have insurance to help them financially recover. Sadly, many people perished in the flood waters. Animals suffer in natural disasters and from property damage, too (in fact, some of the details of this story coincide with International National Dog Day). Please be warned that there may be triggering content within this article, as it contains the raw reality of many disaster victims: physical loss, emotional devastation, and death. However, this story also details resilience, the presence of an ever-loving spirit of charity across the United States, and healing. May the latter reside—and grow—in your heart, from reading this article. Be well, and always keep hope! The following are a "From the Field" contribution from Doug Quinn and Heather Shapter, of United Survivors Disaster Relief. August 9th, 2022 United Survivors Disaster Relief scouting trip to the flood zone. First flight in 3 weeks. #disasterrelief #nonprofit #flooding August 10th, 2022 I don’t know how ppl evacuate & leave their dog behind. It breaks my heart to think of this poor animal waiting patiently inside this destroyed house for her people to come back. The house had a distinct smell of death & I walked around to the front door to check for bodies & I saw her face in the darkness of the doorway. So glad we stopped. #animalrescue #AbandonedDog #disasterrelief #nonprofit #flooding August 12th, 2022 Home for a minute. Its only a minute, but I will spend it absorbing just how lucky I am. #gratitude #home August 18th, 2022 Body recovery, Eastern Kentucky: In the hollow where we are camped, these people are looking for their family member who was taken away by the flood & has been missing (now presumed dead) for 2 weeks. Her son was holding her hand but she was sucked into a whirlpool of raging floodwaters. The cadaver dog teams have been through here 4 times with no luck. This was once a field but now has been covered by 4+ feet of mud & debris, making the search all but impossible. You can see that the water filled search hole in the foreground is over 5 feet deep and still not down to ground level. Most People here had very little warning & had to quickly scramble to higher ground. Unfortunately, 39 people did not make it to safety in time. United Survivors Disaster Relief team is doing what we can to help the survivors, but the need is so overwhelming that it always feels like it’s not enough. We will do what we can. Thank you to our generous donors who make it possible for us to come into these situations & ease some degree of the suffering these people are going through. #flooding #nonprofit #DisasterRelief August 19th, 2022 While It may not look like it, this is someone’s home. Swept up by the flood waters and smashed into unrecognizable pieces. This is someone’s whole life… All of their belongings are gone. Most people could not afford flood insurance and have very little (if any) resources to fall back on. The creek that caused this kind of massive damage is usually no more than 6 inches deep and 3 feet across in this holler. On the night of the flooding rose 17 feet in some areas, wiping out whole communities. These families who had very little to begin with, will take years, if not decades to recover from this type of loss. #DisasterRelief #flooding #nonprofit #kentuckystrong August 20th, 2022 UPDATE ON DOG FOUND IN KY FLOOD WRECKAGE: We traveled back to check on her...still living in a destroyed house patiently waiting for her owner to return. Her name is Diane and along with a wellness check, we were able to give her a bath (pictures coming), and track down her owner. The owner has an incredible story that deserves its own post. Diane's sibling was swept away in the flood but somehow she survived. She is 13 years old and seems very healthy....just starved for affection, as you can see. The United Survivors Disaster Relief team had plenty of love to shower on this poor girl! Sometimes, that's the most important donation we can bring to a situation like this. #DisasterRelief #AnimalRescue #flooding #nonprofit #kentuckystrong August 22nd, 2022 BATHING DIANE: We did a wellness check on the dog we found sheltering in a destroyed house. She was well fed but starved for affection & filthy. When we pet her, big clouds of brown dirt would rise up from her fur. The challenge in every cat zone United Survivors Disaster Relief deploys to: how do you provide a sense of normalcy in the midst of chaos? There is no running water & no bathtub to give her the cleaning she desperately needs. In the end, we settled for a clear section of the debris choked creek & found a way to make it work. She was such a happy girl getting all that attention from us! #DisasterRelief #animalrescue #flooding #nonprofit #kentuckystrong August 22nd, 2022 This is a woman who should not be alive. Meet Miss Jeanne, the owner of Diane, the dog we’ve been posting about. United Survivors Disaster Relief & Anthony Delmedico's STORM VENTURES GROUP team were on a scouting mission in the Appalachian flood zone & found Diane when we checked this house for bodies… because of the isolated location of the house & washed out bridge, it did not seem possible that anyone could have escaped alive. After some investigation we were able to track down Miss Jeanne and hear her terrifying story. Miss Jeanne is a 75 year old handicapped woman who was all alone the night raging floodwaters picked up her house and pushed it 500 feet down stream. She laid in a hospital bed in her living room in complete darkness as the water rose inside her house & it drifted away. I’ve lived through being in a dark house as flood waters rushed in, but I was able-bodied & could escape: I can’t begin to imagine what it must’ve been like as a 75-year-old with a cane who can barely walk. That feeling of being trapped in complete darkness with the water swirling around inside & the whole house being pushed to God knows where. You can see in the pictures what the chaos inside her house looks like. We see many houses in the flood zone that have been pushed off their foundation… In most cases they were rushed down stream until they hit a single tree which would cut thru the house like a knife and then it would shatter into unrecognizable pieces. If you're still in the house, you're dead. The next day, her family came up the holler for the grim task of collecting her body...but they found Miss Jeanne alive, still sitting in her hospital bed. She was saved because her house was caught by 3 trees positioned perfectly in a row so that the structure didn’t shatter. She had been talking about cutting down those trees for 10 years and had actually paid someone to come do it, but they never showed up. We spent some time with Miss Jeanne before we left Kentucky. Although she survived the flood, she has a very long road ahead to get back home. she could not afford flood insurance and as an elderly widow, has very little resources to help her & her dog Diane recover from losing everything & get back home. We witness tragedies in disaster zones all over the country, but this one is particularly heartbreaking. As we’ve discussed in previous disasters, it’s one thing to lose everything you own when you’re young and have decades of income producing years to recover, but to be 75 years old and have everything you’ve worked your whole life for wiped out in an instant, is devastating & permanent. Miss Jeanne will spend the last phase of her life trying to cope with this tragedy. I know from personal experience that it will consume, and likely shorten, her life. Imagine if this was your mother or grandmother. #DisasterRelief #flooding #nonprofit #kentuckystrong - Doug Quinn and Heather Shapter Thank you for reading! If you would like to assist the recovery efforts, your tax deductible donation to United Survivors Disaster Relief can be made here: Every little bit helps. More Resources: Learn more about United Survivors Disaster Relief Prepare your pets for disaster Property claim resources Support for disaster victims

  • ⛈️ Stop Shopping for Weather

    Meteorologist Daniel Schreiber, CCM, shares his thoughts on finding accurate weather data for first-party property claims, and mistakes to avoid. Stop shopping for weather. Stop it. Yes. Weather Shopping. It’s what we all do when we want the weather to work out for us—whether it be something in the future, like a fishing trip or ball game, or for the past, like an insurance claim. We shop around till we find the favorable weather info that suits us best. In my early years as a meteorologist, I worked with military pilots. Pilots want to fly. When they can’t fly due to bad weather, they aren’t happy. Some pilots even shop around trying to find some good news weather-wise that allows them to fly, even when the majority of the weather source indicate otherwise. That’s dangerous, and I always discouraged it. But the same can be said about the insurance industry. When weather 'shopping' goes wrong Here, historical weather info often makes or breaks a claim, often worth millions of dollars. Naturally, the temptation is there—for both insurance carrier, and policyholder, representatives—to go weather shopping for whatever works best for a particular position. This is also dangerous. I’ve worked over one hundred insurance claims and lawsuits just this year alone, some for carriers and their affiliates, and some for policyholders and their affiliates. It is extremely common for me to consult on a case for the policyholder and must simply explain that the weather that was hoped for by the policyholder’s team did not occur. This happens at least once to twice a week. Remember, I’m not an advocate for either side. I’m an unbiased scientist. This may be a tough thing for some professionals to swallow: I very rarely ever come across an issue working for carriers when I tell them there was bad weather that supports the claim at hand. They may argue about the price, or the damage, but not the weather. I’m just the weatherman. My experience is that carriers trust an actual meteorologist—especially one that tells the tough truth. Most of the issues I see with carriers, weather-speaking, is when they don’t use a meteorologist. Ironically, that’s same issue that I see with the policyholder’s side. In fact, I notice more issues with policyholder representatives not accepting unfavorable weather advice than I do carrier representatives. Interestingly, I’ve even witnessed some lawsuits that are setting precedent in various states with weather information that is clearly incorrect. The lawsuit probably would have never even been filed if both sides of the aisle had simply picked up the phone and dialed a certified meteorologist. We’re talking multi-million-dollar claims, and incorrect weather that has gone unchecked by an actual professional meteorologist, on both sides. My point: At the shopping mall, you can find all sorts of different types and brands of whatever you want. On the internet, you can find all sorts of different weather information in different styles and formats for whatever you want. You can shop all day long, and undoubtedly, you will find something that suits your position. And, chances are, the insurance company will do the same for theirs. So, what did you accomplish, really? Nothing. Carriers won’t trust your “weather report” anymore than you trust theirs. The key: don’t confuse a “weather report” with “weather expertise”. There is a reason that the former is so cheap. It won’t be cheap after spending tens of thousands of dollars fighting a claim based on the wrong data that can’t even defend itself. This is because these cheap, automated reports are largely built around weather algorithms—some which are outdated, untested, or otherwise contested (or “trade secret”, so who knows?)—and often do not indicate anything about the ground-truth weather. Suggestions, on how to find better data I could write a book about how inaccurate some of the most popular “weather reports” used by Public Adjusters are—but I won’t. It would be hideous. I’ve started to personally doubt the legal system from some the craziness I’ve seen in the courts based on trusting these reports. You would probably begin to doubt every claim you’ve submitted, and every lawsuit every filed. So, instead, let’s look optimistically to the future: I recommend first to review data from the National Weather Service (NOAA/NWS), including the Storm Events Database (about a 3-4 month lag) and the NWS Storm Prediction Center Storm Reports (real-time, and historical). This is ground-truth data. The exact locations aren’t always perfect, but you get a good idea of storms dates and the wind/hail caliber, if they were observed. It’s not perfect, but it is solid data from the authoritative meteorological source in the US. And yes, you may have to speak with a meteorologist. It may cost a little bit. But you’ll get a solid answer from an educated professional—preferably one qualified as an expert witness, if need be. Why? Public Adjusters are valuable to the industry because they understand how insurance policies work. The same is true about meteorologists—we’re the experts in the weather which may (or may not) have caused the peril resulting in the insurance claim. If you’re looking for recommendations, I think that the company Hail Trace is one of the best affordable options. But ask to speak with a meteorologist, don’t just use their automated “algorithm” products—use the hand-analyzed stuff, and speak with them, if you can. For a more robust, but also more expensive option (including expert witness services), I highly recommend finding a meteorologist with “PhD” or “CCM” after their name. Unfortunately, there are a few “meteorologists” out there that (in my opinion) shouldn’t be (like any profession). A list of Certified Consulting Meteorologists (CCM’s) can be found at www.certifiedmeteorologists.org. Final thoughts In case you’re wondering—cheap, automated weather reports do have one advantage—they are an extremely affordable option to at least identifying potential dates in which storms occurred. My experience is that they miss a few (especially wind), and exaggerate most of what they do find, but for less than $50, what can you really expect? So next time you find yourself shopping for weather… Stop It! - Daniel About the author: Daniel Schreiber is American Meteorological Society Certified Consulting Meteorologist (CCM), one of only a very select few in the state of Texas and the Southern United States. Attorneys, insurance professionals, and other consultants from the insurance, aviation, transportation, emergency management, and energy industries routinely work with Daniel, regarding weather consulting and forensic meteorology investigations.

  • How to Destroy Consumer Protection: Iowa

    "We've never seen this legislative effort to refine... Not even to refine; just to mutilate the appraisal process." - Caeden Tinklenberg ⚠️ Join Sarah Parker of Parker Public Adjusting and Caeden Tinklenberg of Swift Public Adjusters to learn how Iowa House File 2299 may affect you and other policyholders nationwide, what's at stake for consumer protections within the property insurance claim process, and what you can do to help! 📢 Contact Your Iowa Senator about Iowa HF 2299: Iowa policyholders (especially those that have experienced a positive and fair result from the insurance appraisal process), contact your Senator! Google search: "find your legislator Iowa." or visit https://www.legis.iowa.gov/legislators/find Once on the website, put in your address. This bill is past contacting your Representatives, so please write and call your Senators as soon as possible! 🤝🏻 Support Policyholder Advocacy Groups: United Policyholders: @uphelp American Policyholder Association: @theapassociation American Adjuster Association: @americanadjusterassociation 💡 Follow Parker Public Adjusting for all things first party property insurance: ClaimPulse Blog: ppaclaim.com/blog YouTube: youtube.com/channel/UCLFWR8XqAEU4a-vW_nEOhOA/ Facebook and Instagram: @ppaclaim LinkedIn: linkedin.com/companies/ppaclaim Thank you for watching,

  • 💔 Are You OK? The Silent Burden of Property Insurance Claims

    “Eventually, we lose a certain spark of optimism, humor and hope. We tire. We aren’t sick, but we aren’t ourselves.” ⚠️ Trigger warning Death, suicide, and violence are mentioned in brief detail, in relation to property insurance claims Images of heavily-damaged homes and personal property Table of Contents An Introduction The Basics of Compassion Fatigue The Professionals Weigh In Resources to Prevent and Treat Compassion Fatigue Final Thoughts An Introduction “We feel the feelings of our clients. We experience their fears. We dream their dreams. Eventually, we lose a certain spark of optimism, humor and hope. We tire. We aren’t sick, but we aren’t ourselves.” – C. Figley, 1995 “I wasn't prepared, for that.” I routinely see a certain level of property loss and destruction in my work as a public insurance adjuster, and in my volunteering for policyholder advocacy. Thankfully, I have formal training in compassion management, from my time in non-profit crisis outreach. However, even with my years of formal training, experience, and exposure to extreme situations and emotional losses, nothing prepared me for the photo, below. If you regularly read or watch the news, you'll likely have seen hundreds of disaster photos like this over the years: But you may not have seen one quite like this. Look at the picture again, focusing on the left of the home. You may not have noticed this before, but there is an elderly gentleman standing in the corner. Doug Quinn, director of the United Survivor Disaster Relief, and the American Policyholder Association, took this photo while on deployment for disaster victim outreach with long-time partner and fellow disaster victim and policyholder advocate, Heather Shapter, in late 2021: “Took this picture down the bayou. House is elevated for a flood, but that doesn’t help for wind. Two walls and all their belonings are gone. We saw many houses like this, some even worse. I didn’t realize until looking at the picture last night that there was an actual person in the house standing on the left side. I don’t notice him because he was frozen in place. This elderly man is probably in shock. Looking at what’s left of his house & belongings, trying to grasp what happened & how does he possibly move forward from here? I know this feeling well, I’ve been there. But it’s different for seniors… Young people can lose everything & shrug it off knowing that they have the rest of their life to get it all back again. What do you do when you’re 70 & don’t have decades of income producing years ahead of you to recover? What do you do when everything you’ve spent your life accumulating vanishes in the wind…your pictures, sentimental keepsakes, family heirlooms? All gone.” Update, 11/1/22: Read more about Doug and Heather's nonprofit disaster victim outreach. Imagine how this could affect you if you were exposed to this, regularly, and weren't even aware of the possible psychological effects! Even if you are not a first party property insurance professional, you likely have experienced something similar, just having gone through the tumultuous, worldwide events of the last three years, triggered by COVID-19. If you are not familiar with the property insurance industry, here are just a few examples of common losses and stressors that insurance adjusters, contractors, and other professionals may encounter: It is common in large or catastrophic residential fire losses for beloved family pets to perish, and in some cases, there is loss of human life In the case of pets that didn’t make it out with the family, you will almost always see the outline of the family's pet (usually a dog or cat) on the floor or carpet. Individuals that are 85 and older are at most risk of fire death, and are the most common demographic of fire death victims that I’ve seen in my work, although I have encountered fire deaths involving small children. Biohazards within property claims Every day, there are professionals that cleanup and mitigate, or visually document and adjust property damage claims involving natural death, suicide, or other violence or accidents, that resulted in loss of life for humans and/or animals. Further details of which, I will spare you of. Insurance company staff and independent adjusters may experience an overload of assigned claims and policyholder clients The claims department is a service department. While a positive claim experience can certainly contribute to policyholder retention and referrals, it does not directly make an insurance company any money. Before the COVID-19 pandemic, insurers were looking to modernize their claims processes to save on operating costs through automation and digitization, and many large insurers were laying off employees. As insurance companies look to further digitize the claims process by utilizing Artificial Intelligence (AI) within the claims process, and focus on Business Process Outsourcing (BPO) to reduce claim servicing costs, this will inevitably lead to less humans being involved in the claims process. This means that disputes or claim issues that are required to be escalated past automation and AI will likely be placed on a relatively few individuals' shoulders. Insurance claim dispute resolution and legal proceedings By its nature, dispute resolution can be negative or combative. Negativity bias—and other affects of repeated exposure to negative environments—can coexist with, and contribute to, compassion fatigue. Public adjusters and contractors come in contact with large numbers of policyholders that often do not have the knowledge or the ability to effectively advocate for themselves within an insurance claim. This burden is then transferred by proxy to the professionals working for the policyholder. Insurance company adjusters can also bear this burden, as well as attorneys. Severe injury or death for professionals on hazardous loss sites, most commonly falling through, or off, roofs Inspecting damaged structures for claims can be dangerous work. At least a few times each year, I see charitable campaigns on social media and networking sites for adjusters and restoration contractors that have fallen off/through a roof. In these cases, it's typically to pay for health care expenses if they have been severely or gravely injured (and at times permanently disabled in some way). Sometimes, it may be for funeral expenses. Often a spouse and children are pictured in the social media posts. This tragic scenario happens more often than the general public may be aware of. When I am on loss inspections with insurance company adjusters and restoration contractors, we all take great care to look out for each other, for safety considerations. We are careful to make sure that conditions are safe before climbing roofs, or entering unstable structures. Insurance professionals are face to face with many types of property losses, every day. However, many do not realize that they are also exposed to emotional losses, vicariously. Now that we've covered a few scenarios of where, when, and who compassion fatigue might affect in the first party property claim industry, we will take a look at the definition, and symptoms of compassion fatigue. The Basics of Compassion Fatigue The American Institute of Stress explains compassion fatigue in detail: Also called vicarious traumatization or, secondary traumatization (Figley, 1995). The emotional residue or strain of exposure to working with those suffering from the consequences of traumatic events. It differs from burn-out, but can co-exist. Compassion fatigue can occur due to exposure on one case or can be due to a “cumulative” level of trauma. Dr. Charles Ray Figley, founder of the Tulane University Traumatology Institute, coined the term compassion fatigue during his research into trauma in the 1980s. Compassion fatigue has been documented among social workers, first responders such as firefighters, law enforcement, and paramedics/EMTs, caregivers, disaster victims, and more. According to Dr. Figley, “The most insidious aspect of compassion fatigue is that it attacks the very core of what brings helpers into this work: their empathy and compassion for others.” Symptoms of Compassion Fatigue Affects many dimensions of your well-being Nervous system arousal (Sleep disturbance) Emotional intensity increases Cognitive ability decreases Behavior and judgment impaired Isolation and loss of morale Depression and PTSD (potentiate) Loss of self-worth and emotional modulation Identity, worldview, and spirituality impacted Beliefs and psychological needs-safety, trust, esteem, intimacy, and control Loss of hope and meaning=existential despair Anger toward perpetrators or causal events The American Bar Association has recognized compassion fatigue as affecting those working in the legal field, resulting in symptoms such as substance abuse as a coping mechanism. This is supported by a study completed in 2016, titled “The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys”. Considering the vicarious nature of compassion fatigue, it is (in my unscholarly, lay opinion) of paramount importance for individuals that may be affected by this to treat this if it occurs, in order to attempt to avoid it affecting those closest to them. This excerpt from the book Treating Compassion Fatigue (Routledge Psychosocial Stress Series) by Dr. Figley, explains my sentiments: “A recent book focused on both the secondary traumatic stress and burnout found among modern families (Figley, 1997). Among the conclusions were these: that families both breed and destroy stress among their members and that PTSD spreads in families like a virus unless they have ways to cope.” The Professionals Weigh In Curious to see if other professionals in my industry had experienced and/or recognized the prevalence of this in our work, I decided to ask a handful of them about their thoughts on the subject. I had the great pleasure of meeting with Bill Wilson of InsuranceCommentary.com, and author of When Words Collide via video conference last week. After I asked him about this topic, he gave a brief and thoughtful pause, and started with this: “We often don't understand the emotional impact of claims." —Bill Wilson Bill emphasized that property insurance and claims are serious business. He highlighted how the humor often used in insurance company adverts is in stark contrast to the momentous function of property insurance: people losing what matters to them the most, and helping them to financially recover from it, to some extent. During my most recent podcast guest appearance, similar sentiments were echoed by the podcast's guests, as well as the hosts, Remington Huggins, Esq. of Huggins Law Firm, and Mathew Mulholland of the National Claims Institute. “People get burnt out in this job pretty easily, [...] after a major event or something catastrophic [...]. Just being told no over, and over again has an effect on your psyche.” —Mathew Mulholland I interviewed other property insurance professionals about their thoughts on the matter, in depth: Angela Henderson, CLMP, Public Insurance Adjuster and past Independent Adjuster, The Green PA, Ohio Doug Quinn, Non-Profit Policyholder Advocate, United Survivors Disaster Relief and American Policyholder Association, New Jersey Olivia Marraccino, Contents Specialist and Public Insurance Adjuster in training, Digitory Claims, New Jersey Caeden Tinklenberg, Public Insurance Adjuster, Swift Public Adjusters, Nebraska Resources to Prevent and Treat Compassion Fatigue Great tips from the Tulane University School of Social Work: How to Address Compassion Fatigue. Noticing, addressing, and managing compassion fatigue in social workers and other trauma specialists is important. Strategies for preventing and treating compassion fatigue follow. Prevention Individuals and organizations can use preventive strategies to reduce the severity of compassion fatigue. These include: Work-life balance Individuals should make sure they are spending enough time doing leisure activities or connecting with people they care about. Assertiveness training Organizations can teach those susceptible to compassion fatigue how to set boundaries — that is, when and how to say no to activities that would add stress to an individual’s personal or professional life, making the person feel overextended and inhibiting his or her ability to provide quality care. Coping skills Individuals can apply coping strategies, including meditation, discussing issues and feelings with colleagues or friends, or adjusting their expectations for themselves or others. Creative expression Writing, painting, playing an instrument, or practicing other creative arts as an outlet for emotions is a powerful tool. Nutrition Eating well, staying hydrated, and avoiding too much alcohol, sugar, and caffeine can help individuals reduce anxiety and fatigue, as well as maintain a positive outlook. Treatment Compassion fatigue can be treated. Some common methods include: Journaling Writing down thoughts, emotions, and frustrations can help individuals manage negative feelings and focus on the positive aspects of their work. Support groups Joining a support group can put those with compassion fatigue in touch with others who have experienced the condition firsthand. Talking through feelings and connecting with others who have shared similar experiences can be a useful coping mechanism. Counseling The perspective of another professional can help individuals suffering from compassion fatigue develop new ways of coping or implement new treatment methods. Self-care People with compassion fatigue can refocus by creating better boundaries and making more time for meaningful personal pursuits. Self-care looks different for each person, but many find activities such as exercise, reading, or spending time with friends or family effective means of decompressing. Other Resources Final Thoughts I welcome you—and every reader—to provide your solutions, stories, and words of encouragement at the comments section below, for anyone that might need it. Please share this article with anyone that you think could benefit, if not least the Resources section. Thank you to all of the contributors to this article. As with the topic in general, it is not meant to be addressed alone, but together. Thank you for reading, and be well. ❤️

  • 🎙 Podcast: Listen to This Bull

    Join Mathew Mulholland, Remington Huggins, and Sarah Parker for hilarity, seriousness, a treatise on living a purposeful life, and a dose of property insurance. 🔴 Streamed live: February 8th, 2022 Topics Covered: 00:01 - Introductions and laughs, "For those of you that don't know better, Sarah Parker is probably the smartest woman I know." 04:51 - Our favorite things about property insurance, language, relationships, historic structures, and more 12:59 - Audience Q&A 22:04 - Compassion fatigue and vicarious trauma, experienced by first party property claim professionals (Trigger warning, 29:20-30:49) 43:52 - Sustainable motivation, perseverance, and purpose, "Welcome to my TED talk." 47:22 - Professional time management, techniques 51:53 - Coverage scenarios, claim and relationship management, "We are coordinating chaos here, ladies and gentlemen." Bonus Outro: We hope you enjoy! Listen to this Bull Exposing Bull in the Insurance Industry: https://listentothisbull.com/ The podcast is available on you favorite streaming platform! Apple Podcasts: shorturl.at/bkuP7 Spotify: shorturl.at/bpEMU Google Podcasts: shorturl.at/yAJY5 Amazon Music: shorturl.at/rxBX9 Connect with #L2TB: Facebook: https://facebook.com/listentothisbull/ Instagram: https://instagram.com/listentothisbull/ Linkedin: https://linkedin.com/company/listento TikTok: https://www.tiktok.com/@listentothisbull

  • ⚠️ Anti-Public Insurance Adjuster Clauses BANNED: Louisiana

    On January 24, 2022, James J. Donelon, Commissioner of the Louisiana Department of Insurance, issued a directive barring insurers from use of specific language in property insurance policies. Table of Contents: Background on the Issue The Directive Lessons Background on the Issue Select insurers in specific states have started to add language in property insurance policies that prohibit the policyholder - their client - from using the services of a public insurance adjuster. From the limited public information available on the matter, this trend seems to have originated as early as 2010, in Florida. A public insurance adjuster is a type of professional that a policyholder can choose to hire to assist them with a property claim. The National Association of Public Insurance Adjusters (NAPIA) provides additional details about what public insurance adjusters do: Public Adjusters are experts on property loss adjustment who are retained by policyholders to assist in preparing, filing and adjusting insurance claims. Employed exclusively by a policyholder who has sustained an insured loss, these professionals manage every detail of the claim, working closely with the insured to provide the most equitable and prompt settlement possible. A public adjuster [...] exclusively serves the client, not the insurance company. That's an interesting description, considering many policyholders assume the insurance adjuster assigned to their claim by their insurance company works for them. They do not. I feel that national policyholder advocacy non-profit United Policyholders explains this well: Insurance adjusters work for the insurance company and are responsible for preparing an estimate of the cost of repair or replacement of the insured’s property loss. Not all adjusters are bad; however, following a major loss event like a major earthquake or wildfire, they may be over-stretched or just plain in over their head. This problem is exacerbated by the need to bring outside adjusters into an area to meet the extraordinary quantity of claims. Generally, for a major event, adjusters may be hired on a contract basis, and even though they are there on behalf of the carrier, they may not be totally up to speed on the insurance companies’ client relationship philosophies and may not deal with you exactly like the seasoned but gentle actor playing the role on the TV commercial. My point, is that a policyholder should be aware that if they do not actively participate in the documentation, valuation, and adjustment of their claim - or hire a professional to assist them - they are by default wholly relying on the insurance company to unilaterally document, value, and decide coverage and payment amount(s) for the policyholders' claim. Considering this information, when a move is taken by an insurer to block a policyholder from free choice of hiring a professional to assist them, what does this illustrate about the power dynamic and policyholder experience within the property insurance claim process? The Directive Louisiana Attorney Nick Graphia brought this directive (dated January 24, 2022) banning anti-public adjuster clauses to my attention today. Here is an excerpt: "It has come to the attention of the Louisiana Department of Insurance that some insurers are attempting to prohibit the use of public adjusters by insureds in their policy provisions by endorsements to their policies. The anti-public adjuster clauses attempt to prohibit insureds from hiring, engaging, retaining, contracting with, or otherwise utilizing the services of a public adjuster. The prohibition contained in these endorsements or any other policy provision directly contravenes La. R.S. 22: 1704(E)(2), which grants insureds the right to hire a public adjuster." Many Louisiana policyholders experienced delays, denials, and other mishandling of their claims from insurers, in the aftermath of Hurricane Ida. Thankfully, this new directive pairs well with consumer protections enacted in Louisiana in 2021: Insurance Reform Bill HB591 (now ACT 345) Insurance Reform Bill HB457 (now ACT 402) Click here to read more about these acts, courtesy of the American Adjuster Association. Lessons This is yet another reminder to all policyholders that they should be reviewing their full policies at inception and at every renewal to know what language, duties, limits, and exclusions their policy contains. I always say, "Your policy is a contract. Treat it like one!" Most people would not sign a contract without at least reading it, first. The same should be true for your property policy, which is a contract. For Minnesota policyholders, we provide complimentary property policy reviews. The fact that this anti-public adjuster language is being added to policies at all, and with increasing frequency raises the question: why would an insurance company attempt to block it's own customer from hiring professional assistance for a property claim? I would love to hear a public statement from an insurer that has a version of this clause in one or more of their policies, regarding the matter. Update 3/1/23: This directive was appealed by a surplus lines insurer and ordered invalid. Read more here. Thank you, Commissioner Donelon!

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