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February 2010
Highlights of this issue:
ROADMAP TO RECOVERY™
ADVOCACY AND ACTION
ROADMAP TO PREPAREDNESS
UP NEWS
A big thanks to all our sponsors, our donors, and all the wonderful volunteers who help us get our work done.
Warm regards,
Amy Bach
Executive Director
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Thanks to all the folks at UP for your valuable support during our displacement and rebuilding period. We couldn't have pulled through without your terrific support.
--TH, 2007 wildfire survivor.
If you like UP, please support us with a tax-deductible contribution today!
Consider This:
Identity theft insurance won't cover money lost and may not cover fees incurred in clearing your name. Free protection via a credit or bank card may be a better deal.
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Tip of the Month |
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What can you do when your health premium jumps?
Anthem Blue Cross insureds in California just got a temporary reprieve from a BIG rate increase of up to 39%, but premiums across the country continue to climb. Read More.
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Roadmap to Recovery™ |
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PROPERTY/HOMEOWNER/BUSINESS |
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Charles "Dick" Tutwiler
A 2008 Orange County wildfire survivor speaks out
Well Adjusted: Charles "Dick" Tutwiler
Executive Director Amy Bach interviews seasoned Florida public adjuster Charles "Dick" Tutwiler on a variety of topics including the state of the profession and when it makes sense to hire a public adjuster. Click here for the complete interview.
UP Holds News Conference With OC Wildfire Families
Outreach Coordinator Karen Reimus coordinated a November 2009 press conference in Orange County with 2008 "Freeway Complex" wildfire families still struggling to settle with their insurers a full year after their losses. Six speakers shared personal stories of underinsurance, low-balling and poor claims handling. Click here to read the news release and our call for action.
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Advocacy & Action |
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Corroded electrical wiring - a toxic Chinese drywall symptom.
Photo Credit: chinesedrywallcomplaintcenter.com
Commissioner Mike Kreidler with Sally McCarty, former Indiana Insurance Comm’r and consumer rep to the NAIC. Photo Credit: WA State Office of the Insurance Commissioner
Gene Anderson, the moving force behind UP's Amicus Project
UP Says: Chinese Drywall Claims Should Be Covered
In December 2009, Executive Director Bach presented testimony at a public hearing convened by Insurance Commissioners from the states of Louisiana, Florida, Mississippi and other hurricane states on the topic of Chinese Drywall damage. Bach presented data on the scope and nature of the problem and arguments as to why insurers should cover business and homeowner claims arising out of damage from Chinese drywall. Click here to view her PowerPoint presentation. Bach also arranged for Charles Miller of the Insurance Law Center in Berkeley, California to present at the hearing and he did a great job.
Washington Insurance Commissioner Wins Advocacy Award
In December, Washington State Insurance Commissioner Mike Kreidler received the 2009 "Excellence in Consumer Advocacy Award" from consumer representatives to the NAIC.
LEGAL
Amicus Update
Last month UP helped score wins for business policyholders in New York and in Florida. In Griffith Oil Co. v. National Union Fire Ins. Co., the Appellate Division of the Supreme Court of the State of New York overturned a trial court and found indemnity coverage for certain clean-up costs associated with petroleum-related spills. This is a significant victory for New York policyholders. UP thanks the Anderson Kill and Olick team of John Nevius, Carrie Maylor and Meghan Finnerty for preparing the brief pro bono.
In Penzer v. Transportation Ins. Co., the Florida Supreme Court ruled that Commercial General Liability (CGL) insurance policies generally cover liability for unsolicited "blast faxes" that violate federal law. UP thanks our Amicus team Gene Anderson and Bill Passannante of AKO, and E. Hugh Lumpkin and Michael Huber of the firm Ver Ploeg & Lumpkin.
In recent months UP weighed in for policyholders in environmental claim disputes, as well as "big picture" issues relating to important deterrent function that punitive damages provide. Click here to read an update and summaries of the most recent briefs that UP has filed this year. Visit our Amicus Project Library to read the 283 briefs UP has filed to date.
The Problem Corner: Allstate's 180-Day Replacement Requirement
It has been brought to UP's attention by multiple sources that Allstate is unfairly applying its policy language and keeping money that rightfully belongs to policyholders who've suffered property losses. The language says the policyholder must replace damaged or destroyed property within 180 days after they've received an Actual Cash Value payment in order to collect the balance of the full Replacement Value they're entitled to. Many consumers simply cannot complete replacement that quickly, and need more than 180 days. Allstate is applying the same 180 day requirement to "Extended Limits" coverage, and is reportedly refusing to grant time extensions. UP is gathering data on this problem and pointing consumers in the direction of help to recover monies unfairly withheld.
If you have experienced this problem personally or professionally, please email UP ASAP at info@uphelp.org or contact New York policyholder attorney Jonathan Wilkofsky at
212-285-0510. Jonathan's firm is litigating this issue on behalf of consumers.
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Roadmap to Preparedness |
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Photo showing damage from January earthquake in Eureka. Credit: Twitter, @amyeureka
Earthquake Recovery Outreach
The recent earthquake in Haiti raised awareness about the devastation that earthquakes can inflict on communities, and our hearts go out to all the victims. But the extensive media coverage of the Haiti quake overshadowed the fact that a 6.5 earthquake in Eureka, California also took place in early January. While not on the same scale of human misery and ruin as the Haiti quake, the Eureka quake caused $28 million of damage. Click here to learn about our recent outreach work in Eureka, and to read our earthquake insurance buying and preparedness tips.
The Big One and the Big Question
UP has been working to create better, cheaper insurance options for consumers who want to protect their property from earthquake damage. Click here to read about our Congressional letter writing effort to make earthquake insurance more affordable, and to learn more about Amy Bach's participation in a panel discussion at the NAIC's 2009 Earthquake Education Day.
Homeowners Insurance Buying Tips from a Public Adjuster
Public adjusters have a unique viewpoint on what you should know before buying homeowners insurance. Click here to read Arizona PA David Young's tips on how much insurance to buy, how to select an agent and a carrier, and other useful points to consider.
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UP News |
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Bach Talk
Read cutting edge news and views from UP's Executive Director, Amy Bach, a 20-year veteran of insurance law and politics. This month's column covers "insurance drama" in our nation's capitol and in Florida.
Volunteer Spotlight: Debbie Jefferson
In this issue we shine a spotlight on Debbie Jefferson, a 2003 Cedar Fire Survivor from San Diego who has been a tireless volunteer for United Policyholders. Click here to read about Debbie's outstanding efforts.
What's New in the UP Library?
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PLEASE NOTE
United Policyholders is an independent not-for-profit resource. UP does not sell or profit from sale of insurance and does not accept financial support from insurance companies or insurance trade associations. The information provided in this newsletter is a public service to our readers. We do not warrant the quality of any product or vendor identified in this newsletter.
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