Texas full of claims news! TWIA Adjuster 2010 classes, TX Appraisal update, TWIA Class Action lawsuit from January 2010

February 2, 2010

I’ll start with a link to the released Texas windpool Adjuster 2010 class schedule for any adjusters seeking attendance. Our notice came through Crawford and Company who did ask in their email that you notify them when you have completed the class so I’d send them your resume if you haven’t already and plan to take the TWIA class:


We have posted links to this site before which updates weekly on new Hurricane Ike lawsuits and in January they made  a post about a new class action lawsuit on behalf of 210 Texas residents against Texas Windpool (TWIA). Here’s a link to that posting:


While your concentrating on TX claim handling issues and classes, here is another great post by Attorney Chip Merlin’s firm on TX appraisal issues you may also wish to view:


Update 2/4/10- Special thanks to Chip Merlin for linking to this blog post and recognizing our blog- it is very much appreciated!


Links to Blog Post corrected from FL Round table post on Insurance Appraisal Provisions

January 6, 2010

We apologize that yesterday’s post contained some incorrect links which have now been corrected and updated for those wishing to review the blog postings referred to in our post:


In addition, Merlin’s site has a new post commenting on two additional Florida Insurance Carriers also revising appraisal provisions in their policies. Click here to view

FL Consumer Advocate Round Table 1/6/10 Topic is Appraisal in FL Policies- Don’t miss it!

January 5, 2010

H/t to Attorney Chip Merlin’ for posting information on his blog important to the adjusting community (no matter which side your on!)  that we can call in or watch the January 6, 2010 Florida Department of Financial Services Consumer Advocate Roundtable with an utmost important topic not only to Floridian’s but to insurance adjusters as well on the topic of Appraisal provisions in Fl policies.

Here are links to his posts- I know I for one will be listening to it since Citizens of FL which many of my family and friends are insured with has already removed the appraisal provision from homeowner policies. Here are links on the topic so you can listen in or watch as well:

Post of 1/5/10 at Merlin’s blog with his planned recommendations at the round table: Click here

Post of 1/4/10 at Merlin’s blog with the contact information to call in and/or view the 1/6/10 roundtable: Click here

For a complete list of panelists (impressive group but where are the large independent adjusting firms or representatives from Citizens and why are they not also included on the panel)? Here’s the link to his post on the panelists: Click here

Link to prior post on his site regarding appraisal provision removal on Citizens Property Insurance Corporation of FL removing the appraisal provision: Click here

*Note it is also public information posted on the PAST link for the Citizens of Florida Board of Governor’s meeting notes : Click here to view their direct information

Here is a direct link to Sean Shaw’s press release over at the FL Dept of Financial services website from his 12/17/09 news release with more information on the purpose of the round table and the participants: Click here

Here are the specifics on connecting to tomorrow’s meeting:

January 6, 2010
10:00 AM – 3:30 PM
House Office Building, Committee Room 404

The Capitol, Tallahassee, Florida

Conference Call-in Number: 1-888-808-6959 Code: 4132880

WFSU Florida Channel 

See Merlin’s blog for more agenda and attendee info on the above blogs.



Chinese Drywall Claims Making Their Way through the Courts- Guest entry by Attorney Thomas Little

June 17, 2009

Attorney Thomas Little has joined our Dimechimes ClaimSmentor Claims Industry group at Linkedin at www.linkedin.com/in/dimechimesclaimSmentor . He provides an update on the hot topic on the Chinese Drywall Claims Litigation here on his blog. We appreciate you sharing this information for our claims group and we pass it along for others as well since this is such a hot topic:


Tracking Hurricane Ike Claim Litigation in Southeast Texas drives home the need for Errors and Omissions coverage for adjusters

June 6, 2009

This website posts newly filed insurance claim lawsuits for southeast TX several times each week.


Click on any of these links to find not only the suits against TWIA but other carriers as well. You’ll note that many of the cases against TWIA include the adjuster and the adjusting firm named in the complaints filed here is just one example:


You can track the cases going all the way back to the month Ike hit.

This should drive home the seriousness of carrying E and O these days. We have two other posts on this blog with advice fromwww.cplic.net who specializes in carrying Errors and Omissions coverage advising adjusters should be carrying their own E and O coverage and not relying on coverage by the adjusting firm.


Texas Senate Bill No. 14- View the issues- Deals with Claim Disputes and changes to damages allowed on TWIA Claim Disputes

May 21, 2009

Attorney Chip Merlin (consumer advocate attorney)  provides the following two blogs on Texas Senate Bill No. 14 due to some changes proposed on claim dispute handling against TWIA:


Attorney Chip Merlin has a 2nd blog up recommending TX residents take proactive steps to contact their representatives in this blog. Note also in the first link above that Merlin does include a link to the Senate recommended changes on TX Senate bill No. 14



I did some basic research on the web and the Texas Senate discussion on their passage of this bill  in their website post of April 30, 2009 does not address the changes that Merlin writes about  and I’m sure many others are concerned about:


Now to see if we can find some opinions on this from the TWIA side……………

Here is what the TX Department of Insurance currently has up on their website about complaint resolution process with TWIA:



Update 8:30 AM- I no sooner got this blog up then Merlin posted an update on the activities on this legislation from the House side along with a link to a San Antonio, TX news article on the House action on their counter bill:




Update once again 10:30 am cst- Merlin provides a 4th blog about TX House version of the bill -here’s his post:

Merlin sends a 4th blog link out about some of the language disappearing from the House version that passed:

After reading what actually passed, the House Committee seems to have struck all of the Senate language concerning 2210.552, and then added a new subsection (on page 36 of its 51 page bill) which reads : SECTION 40. Section 2210.552,…

View the entire entry:

Dern! I don’t want to be in violation of linking too often to a site- WordPress emailed a few weeks ago about limiting links to others sites too often so I do have to be careful!

Overhead and Profit issues remain an issue in claims litigation- Louisiana Citizens Class Action Cases On O/P/ Update on Chivers vs State Farm and other O/P cases

May 15, 2009

Remember these prior blogs on overhead and profit claim litigation cases we’d been following in the news?


Well, here is the latest I’ve received a notice on here with Lousiana Citizens…apparently there are two different class action cases going on in two different jurisdictions. The part I found particularly strange was the comments in the article alleging that at one time LA Citizens paid the o/p, stopped at a later point, then resumed paying overhead and profit at a later date:


We’d appreciate any updates on these cases if you know what the status of these cases is as we could find nothing much by way of updates on their status on the web and we don’t have access to court documents like some sites do so any help discussing these overhead and profit cases would be appreciated. Here is a 5/13/09 published article on new develops on the Chivers vs State Farm case updating info on Chubb insurance and Nationwide Insurance who apparently settled out of court for a substantial same rather than produce massive discovery documents:


Here’s a link to a second article which goes into more detail about the Nationwide overhead and profit case:


 Replies welcome to links to news articles or court updates,etc so we can all learn how these cases have come out in case law if resolved at this point. I’m not hearing any changes about carriers handling these issues differently from adjusters I’ve discussed the topic with at this point.