McKinsey Allstate Documents continue to be requested…why did FL Ins Comm McCarty want them in 2008?

February 8, 2008

 Why are we still talking about the McKinsey documents prepared for Allstate back in 1995?

Adjusters need to stay abreast of current issues in the news as issues such as these are constantly in the news and insureds, public adjusters, and attorneys constantly bring up these issues while you are out there in the field handling claims. You need to understand these hot topics to deal with the constant comments from the public. As staff employees, it’s amazing how little the insiders handling these claims are told about what is going on. A typical scenario might involve a very brief “talking points” type corporate email advising of an upcoming press release so they can be prepared for questions a day or moments before the press release goes out but day-to- day, claims folks hear very little about ongoing current litigation on files. The internet has done much- especially with blogs and forums- to reveal court documents and news articles we rarely would have seen years ago at the regional claim management or adjuster level. Even today, speaking with former co-workers/management associates and adjusters alike, I’m amazed that they are not aware of current issues at all in many cases. If it is this difficult for staff claim employees to know, how are independent adjusters to be aware of current issues they will have thrown at them in the field?

Checking regularly the websites of many independent adjusting firms, they may have news reels going to some of the major news sites but rarely is anything published on their websites with details and court documents,etc… I continue to be amazed at the lack of information available for adjusters and try to provide links to important documents that they would care to know about if they had the time to do all of this constant research. How are adjusters to improve their claim file quality without a better understanding of what is happening in claim litigation? There is much to be desired about the current events education needed for insurance adjusters and claim managers out here. The majority of court documents on high profile claim lawsuits these days is coming from blogs and the press articles covering some of the major issues, not from the carriers or in claim training classes independents are attending.

If you are not familiar with the Allstate McKinsey documents issues, here are links to some links to many summaries by various law firms that explain them to bring you up to speed on the issue. They have even been the subject of a book as Merlin’s blog points out.

Although these documents were allegedly produced by McKinsey for Allstate back in 1995- they continue to come up repeatedly in lawsuits involving claims for Allstate and most recently that I am aware of during the FL Insurance carrier rate hearings in January and February of 2008. I find this particularly interesting that Fl Insurance Commissioner Kevin McCarty jumps right into asking Allstate during the rate hearing atleast 3 times if I count correctly about production of the McKinsey documents. Recent news stories indicate that Allstate has begun to produce them. Allstate during the hearing- prior to production (if they have in fact supplied them or in the process of doing so) was looking for assurances they would not be turned over into others hands. When you read the link below to the hearing transcript, note where McCarty seems to be using the fact Allstate is being fined by the MO Insurance Dept for not turning over the documents….seems to me he was using that fact as an example of why he thought Allstate was delaying submitting documents to the FL committee?

I’m curious about this since McCarty has now been named as the 2008 Committee chair for the Property and Casualty committee for the National Association of Insurance Commissioners (NAIC). I’ve written to Attorney David Rossmiller who had previously written three blog entries over on his blog to see if he can provide some opinion as to why these are being requested at the rate hearing. From reading the January and February 2008 blogs over at the Merlin Law Group blog, it possibly has to do with asking for higher rates after allegedly low balling claim settlements. Is it more to do with the fact he is over the Property committee for NAIC? You review these current activities and you decide. Personally, I think that they will become subject of even more Insurance Dept inquiries with McCarty’s new position. They are the subject of inquiries in NM, KY, MO, CO, and FL in recent years also though either lawsuits on claim files or insurance department inquiries. To anyone in claims- especially catastrophe adjusters- asking for 10 year old plus documents is inconceivable when you consider that things on catastrophe assignments can change as often as hourly as far as carrier guidelines for adjusters. Your lucky if your closed file can hit the closed basket and management review before estimating or file handling guidelines have changed!

Should Rossmiller find time to review the links I sent him and provide some clarity to the recent activities, I’ll provide an update and link to the new blog as an update to this topic.

According to this Merlin Law Group article, Allstate is paying fines in MO and CO for NOT turning over the McKinsey group documents for a substantial amount of fines:

Merlin also wrote two other recent blogs on the McKinsey reports and the hearing here:

Regarding the NAIC committee, here is the NAIC press release on McCarty and other committee chair announcements:

Here is a recent blog from the Charlotte Injury board reporting that Allstate is now producing the McKinsey documents to the Florida rate review committee:


In this 2007 case in KY, Rossmiller writes about Allstate’s win in this case that involved the McKinsey documents:  

Here us a link to Rossmiller’s list of McKinsey document blogs:

Here is the link to the FL Allstate rate hearing transcript (initial hearing that drove McCarty to trying to suspend Allstates writing of new business):

Thus far, the FL Senate recommendations have not again mentioned the McKinsey documents and I have not seen a link to the 2nd Allstate hearing this past Monday and will post when I do locate it on one of the blogs if it again brings up the McKinsey documents they were to produce like the first hearing did.

I expect we’ll be hearing much more this year in new cases about requests for the documents in spite of the KY win for Allstate linked to above.

So….what are your thoughts on the McCarty connection and request during the hearing? Interesting to say the least!

State Farm vs MS AG Hood Criminal Investigation case dismissed today per agreement reached on 2/6/08

February 7, 2008

The Sun Herald/AP breaking news story received late this evening in an alert indicates Hood and State Farm resolved their case late today.

You will recall this is the same case that Scruggs was called on for his deposition earlier this week. According to many other news reports out this week, Kerri Rigsby also received a subpeona to appear at this week’s court hearing.

Here’s the link to the breaking Sun Herald/AP article received with more news to follow as it sounds like more details will follow tomorrow:

Here is a similar but shorter news story over at the Clarion Ledger:

David Rossmiller at the Insurance Coverage blog has been providing great updates this week on the case at The Insurance Coverage blog  as well some interesting comments and even a LIVE blogger in the court room today over at the FOLO blog at

More on this development tomorrow 2/7 as announcements and details are located.

Update 1:45 AM- Looks like Rossmiller’s been up all night as well and leave it to him to post this informative yet humorous update to yesterday’s events and possible resolution of this case:

Update- 9:30 am 2/7/08- Folo comments indicate the court is back on at 10 or 10:30 am this morning so we’re watching for the court announcements on many sites

Update 12:05pm 2/7-

Here is another Sun Herald article announcing the dismissal and the case under seal. Make sure to note the info in this news story about another case pending between Hood and State Farm on a civil case in another MS county though- only the Criminal investigation suit is dismissed according to this article:

 Update 9:15 pm 2/7:

Rossmiller has the dismissal order up here:,%20order%20sending%20case.pdf

Update 2/8/08: The settlement may be sealed but they now have the hearing transcript of 2/6 and 2/7 up on Rossmiller’s blog:

I’ll blog on that hopefully by Monday after taking 4 hours to read it this evening. Anyone in claims will be totally amazed (digusted?) at Hood’s testimony at the hearing. His figures about EA Renfroe handling 85% of the carriers claims, his testimony that he was trying to force the carrier to no longer use their anti concurrent cause exclusion in the agreement, admissions that the initial subpeona on the 1st criminal investigation had included requests for production also of the NFIP files,etc….no wonder this thing settled so quickly. He looks pretty bad across the board in his testimony and also lacked MUCH knowledge for someone called to testify before congressional hearings yet admitting in his testimony he knew little about flood policies. I could go on for hours but it’s Friday night. More on this later but I wanted to get it posted for any of you wanting the latest updates.

**Update 2/11/08- It appears I’m not the only one thoroughly disgusted about Hood’s testimony last week. You’ll just have to run over to the Insurance Coverage blog and read Rossmiller’s detailed evaluation’ll love this “stupid T shirt” comments..I’m still smiing. (look at 2/11/08 posting)

Storms in TN, KY, AK, AL, IN, MO, MS of 2/5/08- Adjuster Information on Emergency Licensing and Damage

February 6, 2008

We are already receiving reports of adjusters deploying to the February 5, 2008 storms. We are providing some information to assist you in assessing damage and claim potential as well as for emergency adjuster licensing issues. You will also find some other interesting developments from 2006 and 2007 posted below that may come up while out on assignment:

Adjuster Licensing/ Insurance Carrier- Adjusting Firm emergency licensing forms


AL emergency adjuster license form:

Here is current 2/08 info about AL- interesting info about the passes and that they will overnight them. This is an online form and looks like it must be completed by the company to register an emergency adjuster



KY Adjusters license application info- for resident and non resident- see info on the pdf about emergency adjusters/90 days info: (this is last update from June 2007)

Here is more info on Ky emergency adjusters on this form for companies sending in emergency adjusters:


Links to applying for MS license:

On-line License Applications

MS first-time licenses or reinstatements available through Sircon as of Jan. 1, 2007

Go to  “Apply for a License”


Test scores for residents

The Mississippi Insurance Department now has the capability to receive test scores electronically for resident agents/producers. The Testing Service submits the test scores to Sircon on a daily basis. As a result, resident applicants for first-time Life & Health, Property & Casualty and Adjuster licenses are no longer required to submit test scores with their applications. Our processors will verify the test results upon receiving the application, license fee and pre-licensing certificate.

Note that this link had some emergency PA rules too but MS has a new Ins commissioner so no telling how this will all pan out these storms:

Info on MS Emergency adjusters licenses is found in this former bulletin on emergency adjusters in MS during Katrina:

which says in part that Ms Code 83-17-409 authorizes emergency adjuster authorization by the state

I’m curious if this bulletin on PA’s in MS which expired in May 2007 will be renewed:


New Public Adjuster Regs in 07:

TN new Public Adjuster licensing provisions that were in effect in 2007:

TN Insurance Division – can’t find any info on state license or emergency licenses for adjusters- it’s my understanding resident adjusters are not licensed here but you will want to verify that before coming yourself since I am not familiar with emergency licensing standards here and nothing posted on their site:

Miscellaneous Info adjusters might need/be interested in:

MS- See this bulletin about Auto total loss claims bulletin found on DOI site:

Bulletin from 6-07 about sales tax and license fees if a carrier totals an auto on a loss which says a carrier has not made an insured whole if they do not include tthese fees for title, sales tax and license fees:


TN- see note above on new PA licenses required in case you must deal with a PA there

Also – interesting problem contractor listing found on the TN state consumer division site updated 1/31/08:

TN – Problem Contractor listing for Contractors who have failed to respond to complaints in case any of you run into them: (list of 1/31/08 found on Consumer Affairs site on Tn site

TN Building Code info – an update from TN Dept of Ins of 1/25/08 some of you may need to be aware of if working TN storm claims:

Storm Reports:

NOAA Storm reports over 60 tornado reports yesterday and over 100 hail damage reports:

Here is the NOAA Storm reports link for yesterday to check back for updates for those of you new in claims that don’t have this link:

Last 3 hours reports more tornados in AL and TN:

Here is the one cumulative called TODAY’s reports (note the ones above in the last 3 hours aren’t showing up yet on the site:

Photo Galleries of Storm Damage you might want to view:

Photo gallery of damage in Jackson,TN:

Gallery of photos posted at the Tennessean (Nashville) on damage throughout the state:

News reports of the dead and destruction: 

Here is  a sampling of damage reports around the states from last night and this morning reporting 44 deaths and numerous injuries as well as much damage. The initial news reports here in TN were indicating 4 states involved but the NOAA reports show many others suffered hail damage as well like IN, MO, TX:

Some early reports indicating 31 dead:

5 dead in Sumner Co, TN:

Reports of 3 dead in Shelby/Memphis TN:

Madison/Jackson,TN damage:

4 killed/20 injured- Madison/Jackson:

Arkansas- 13 dead/damage in 9 counties:

An earlier report out of Arkansas:

4 deaths reported in AL this am:

I’m sure by the time this blog is reported these numbers have risen. Our prayers go out to all damaged communities and families who have suffered losses. We also pray for the safety of all adjusters reporting to these storms. It is most difficult to work losses with these numbers of fatalities involved.

For those of you who are members at ClaimSmentor, we’ll post additional claim stats on the damage in our Storms Forum.

Don’t forget there is also a roster by state of residence of participating adjusters which now includes hundreds of experienced adjusters with their resumes uploaded which participating adjuster firms can use at no charge (it also indicates if the adjuster has uploaded their resume as well as their experience level directly on the state alpha list).

We are also available 24/7 to assist with any carrier or adjusting firm staffing needs. There is a charge for our services. Note our new office number now that we have relocated to TN is 615-435-4177 or Cell 850-496-7831 if you need additional staffing assistance.

Luck…Where Preparation Meets Opportunity- Published 2/08 in Claims Education Magazine

February 5, 2008

Here is my article published by Claims Education Magazine in the February 2008 Edition. Eric Gilkey advises that there is not an online version of this magazine produced by National Underwriter’s on a Quarterly basis ( a supplement to Claims Magazine monthly issues). I really appreciate Eric inviting me to contribute to the February issue. The article follows:

Luck: Where

Preparation Meets



By Deborah K Moroy, AIC, IIA

he New Year is only weeks behind us: A time of reflection on our lives and the choices we have made which lie behind us and the future at our doorstep with many new forks in the road and new decisions to make regarding our future careers.


So what is your chosen preference when making those life altering decisions in your claims career? Will you leave your fate to a game of chance, of lucky breaks and opportunities? Do you prefer a more effective planned approach to advancing your career with your present employer or gaining new positions through effective planning?


It is truly amazing that the more you plan, prepare, and proactively participate in both formal and informal career enhancing opportunities the luckier you get! A favorite quote of mine via an unknown author is “Luck: where preparation meets opportunity.” This has stuck with me throughout my career in claims as I watched this come true time and time again in the lives of fellow adjusters and managers. Today, through my online volunteer project with ClaimSmentor , I have constant interaction with both experienced and inexperienced adjusters and claim managers and the findings haven’t changed. Those putting their best preparation foot forward are the same individuals with all the luck! Sure there may be those rare occasions where the “who you know is more important that what you know,” but those gems are few and far between.


What can you be doing to turn your luck around? Prepare. It’s that simple. Apply yourself to the many opportunities available for gathering educational achievements, for obtaining a mentor, for completing continuing education that is important to adjusting firm owners and, more importantly, to the insurance carriers they serve.


Other steps necessary if you are truly going to make a difference in your career success this year include removing excuses, planning a path to remove obstacles in your way that have stopped you from achieving your dreams in the past, assessing what courses and job opportunities are out there and what requirements they include, and being determined to make 2008 your lucky year. We all have issues, both minor and major, which stand in our way if we let them. It’s those folks who overcome these issues who succeed.


I am one of the fortunate folks who had a father with a strong commitment to education and overcoming all odds, who supported me and my career goals. Every time life got in the way and I wanted to quit college where I attended night school as a single parent while holding down a full-time claim adjuster position, he encouraged me to go one more quarter. He walked the talk himself by beginning a military career in the Navy at the lowest entry level seaman position, retiring 35 years later as a commander. Was it luck that got him that far? Hardly! With a growing family of eight children, the death of one of our siblings during those years, and many military deployments, including Vietnam, he struggled through the hard times, not only achieving his Bachelor’s but also a Master degree, all of which sure made him one lucky man as he progressed up the ranks. Following his lead, I had the same results during my 28-year career with a major carrier, progressing from a mail and file clerk up 16 positions to my last position as a National Catastrophe Claim Team Leader, all due to making continuing education an ongoing priority in my life. I watched this same “luck” as my daughter, at age 24, marched across the stage, graduating number one in her law school class of 500. She had major obstacles and three children less than five years of age to boot! Yes, her friends also told her she was “lucky” to be earning such a great salary.


You will run in to other adjusters who tell you obtaining your college degree is not necessary. While this may be partially true for those pursuing careers as independent adjusters, it is not so true should you be interested in a more stable position as a staff adjuster or claim manager. The majority of carriers in the property and casualty industry still require a degree to even get your foot in the door. This is only the beginning. Carriers also expect adjusters and claim managers to be very proactive in continuing education, not only to meet minimum state insurance department continuing education requirements, but also to take what they consider substantial courses, especially through the American Insurance Institute, such as obtaining your Associates in Claims Designation (AIC) or your Chartered Property and Casualty Underwriter (CPCU)  designations. These are the most highly coveted designations and requirements to progress up the corporate ladder in the claim-handling industry.  So don’t let others who are not making the decisions about your career persuade you not to take educational steps that are required to progress in this industry.


Look for opportunities to kill two birds with one stone. For example, the Associates in Claims program through the Insurance Institute at not only provides you with the AIC designation, but also the opportunity to obtain college credits at the same time. To learn all about this important program that provides you with a good overall background about claims, you can view the program specifics at  The institute has programs for national college credit through the Academic Credit Recommendations through the American Council on Education (ACE) program. Here is a chart of the semester hour credit recommendations for your undergraduate and graduate degree programs found at: . They also have a good list of accredited universities they have formed partnerships with for applying your credits towards your degree found at


Better yet, do you realize that the majority of carriers and most employers provide funds to overcome the obstacle of affordability by either paying for these courses in advance or reimbursing you upon successful completion of a course or designation? Another great advantage is the fact you can self study for these programs, which allows you substantial more time with your friends and family while at the same time achieving these important claim designations so you too can become one of the lucky ones!


What other formal opportunities should you be taking part in so you  can meet opportunities? In addition to obtaining your degree and your AIC or CPCU designations, many experienced claim professionals are members of SCLA, The Society of Claim Law Associates, obtaining their SCLA designation. You can learn more about this valuable program at My personal experience is that more carriers request the CPCU designation versus the SCLA, but the SCLA is most definitely an impressive qualification to obtain to increase your odds of successful employment and advancement opportunities.


Be sure you are investing your time and your budget into designations such as these that will get you the recognition you deserve. You’ll hear of many others in the industry but those listed above are the most coveted by human resource personnel looking for strong candidates for current opportunities. We’ve watched hundreds of adjusters using their entire budget attending independent adjusting firm yearly conferences. These are valuable for networking opportunities and enhancing your technical skills for estimating programs and carrier required certifications, but they do not substitute when applying for a job that requires first your adjuster’s license and your college degree.


I had the opportunity to recently review the deposition of an adjusting firm owner given in a Katrina lawsuit. It was interesting to note their criteria for determining those independents deployable, which included in the following order their preference. First and foremost was those independents meeting the qualifications (time, certifications for the carrier, experience level, skills) then came seniority and last, availability. Qualifications was first on the list, as it is in all cases. I didn’t see luck on the list anywhere although they did mention that those meeting the qualifications and referred by others they deploy were also considered. The “who you know” didn’t matter if you first did not meet the qualifications.


There are outstanding informal opportunities to also improve your odds. An interesting article I read recently even mentions taking up golf due to the excellent friendships and networking opportunities provided. Any adjuster reviewing claim conference agendas, whether at a large conference or a vendor seminar, will see they always include a golf outing.


We strongly recommend memberships in your local claim association. You will find invaluable opportunities to meet claim managers and other adjusters in your local community who have the inside track on current opportunities in your area. These associations also are an excellent source for obtaining your continuing education credits required by your state licensing bureau. For a complete list of claim associations, you can find one near you on this link at

Consider attendance at the some or all of the following important claim conventions for outstanding informal opportunities to meet others in the industry while at the same time achieving educational objectives for state CE credits:


K   Florida Windstorm conference:

K   ACE annual convention:

K   National Catastrophe Adjusters:

K   PLRB  Conferences:

K   NAIIA National Assn. of Independent Adjusters:

K   III Institute Claims Education Conference:


Most importantly, be sure to tie your accomplishments adequately into the information provided in your resume. During the course of interviews with many candidates, we are able to secure many valuable facts regarding their background we had no idea about based on their resume document. It is significant that you include all information outlining your accomplishments and the types of claims you have experience handling. Don’t assume anything. It is important that you spell out the assignments you have had, the carriers you have worked for, the carriers you have obtained claim certifications for, the estimating programs you are capable of using, the specifics on the types of claims you have handled, such as residential, commercial, inland marine, steep/two story, manufactured homes, small retail and business, condominium, and automobile losses. If you don’t tell them, you may be quickly overlooked for a “luckier” adjuster who was more thorough providing information regarding their background and what they could bring to the table.


So what will you do with 2008? Sit back and let luck and fate have it’s way with your claim-handling career, or will you too make a commitment to yourself to be more proactive in making your preparation make you the “lucky “ one selected for the next opportunity you are interested in being considered for?  

Deborah Moroy , AIC, IIA, is president of Dimechimes Corp., a nationwide claim staffing and recruiting company for independent adjusting firms and insurance carriers. She can be reached at 850-502-4261,



If you are interested in subscribing to the Claims Education magazine, feel free to contact Eric Gilkey- the Managing Editor- his login id is EGilkey or his direct email is Eric- should there be a preferred method of subscribing, please post below. Thank you AGAIN Eric! Deb

For links to our other previously published articles click here:

Thank you all for your patience as I’ve been absent from blog entries due to a 2nd round of operations on my daughter due to the recurrence of her tumor. Blogs should be back on track regularly we hope from now on. We appreciate all of the prayers for her rapid recovery.