Proposed Senate bill calling for hailstorm litigation reform finds favor in insurance industry

Source: setexasrecord.com

CADO Admin

AUSTIN – Texas lawmakers have filed Senate Bill 10 in an effort to pass legislation that would decrease, or halt altogether, hailstorm litigation abuse.

....

Hail litigation has spiraled out of control in Texas, mainly because of a small group of bad actors who abuse the system,” said Hancock in a statement published Feb. 13. “Senate Bill 10 will address this problem, improve transparency and protect Texas consumers from sky-high premiums without infringing on their right to make an insurance claim or sue their insurance company when it's not holding up its end of a deal.”

 


Don’t Mess With Texas Adjusters In Hail Damage Claims

Source: Zelle Hofmann Voelbel & Mason LLP

Roy
Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to federal court, Texas policyholder attorneys simply sue the adjuster (who, like the policyholder, is almost always a Texas resident). This common act of gamesmanship ostensibly destroys the complete diversity of citizenship required for federal court diversity jurisdiction, allowing the policyholder to litigate its hail damage claim in state court.

Insurance Adjuster Act

California Senate Bill 240

CADO Admin
SB 240, as amended, Dodd. Insurance Adjuster Act.

Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the department’s powers and duties. Existing law, the Insurance Adjuster Act, sets forth various requirements with respect to operation as an insurance adjuster in this state and prohibits a person from engaging in a business regulated by the act, or acting or assuming to act as, or representing themselves to be, an insurance adjuster unless the person is licensed under the act. Existing law also prohibits a person from falsely representing that the person is employed by a licensee. Existing law exempts a person from the requirements of the Insurance Adjuster Act if the person is employed exclusively and regularly by one employer, as specified, with which the person has an employer-employee relationship. If the commissioner declares an emergency situation, existing law authorizes a nonlicensed insurance adjuster to adjust claims if certain requirements are met, including that the nonlicensed insurance adjuster registers with the commissioner via a written letter naming the nonlicensed adjuster, identifying adjuster licenses held in other jurisdictions, and stating when the claims adjusting activity began in the emergency situation. Existing law requires an insurer to provide an insured with a written status report if the insurer assigns a 3rd or subsequent adjuster to be primarily responsible for a claim within a 6-month period.

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