Win for California Policyholders on Replacement Cost
Win for California Policyholders on Replacement Cost

In its November 24, 2014 decision, the California Court of Appeal First District, Division One, reversed a judgment notwithstanding the verdict that an insurer owes a duty to its insured to communicate policy requirements and settle claims fairly. In Stephens & Stephens XII LLC v. Fireman’s Fund Ins.…
Bach Talk – The “Purely Cosmetic Damage” exclusion’s gonna be ugly
Bach Talk – The “Purely Cosmetic Damage” exclusion’s gonna be ugly

Thanks to a consumer participation program offered by the National Association of Insurance Commissioners, I get up close and personal with the nation’s top insurance regulators three times a year.  I’m in my seventh year as an official representative of consumers at the NAIC, and…
Bach Talk – Appropriately regulating Uber and Lyft
Bach Talk – Appropriately regulating Uber and Lyft

Residents of cities throughout the US now have the option to “Uber” or “Lyft” their way to a destination instead of taking a traditional taxicab.  These innovative, tech-sector start-up businesses are labeled “Transportation Network Companies”, (“TNCs”).  Initially, TNCs avoided having to comply with many of…
Bach Talk – Biased expert reports plague policyholders
Bach Talk – Biased expert reports plague policyholders

United States Magistrate Judge Gary R. Brown issued a very important decision in a Superstorm Sandy case in November, 2014 that addresses a chronic problem for the policyholders UP serves:  A practice by some insurers of rejecting damage claims based on engineering reports that have…
More than the minimum
More than the minimum

The case against purchasing only your state’s mandatory minimum liability insurance limits: Starting in the 1920s, all but one state in the United States (New Hampshire) have passed laws requiring that vehicle owners maintain automobile liability insurance to cover their liabilities for personal injuries or…
Bach Talk – The Powerful Voice of Experience
Bach Talk – The Powerful Voice of Experience

A backbone of our Roadmap to Recovery program are the volunteers and staff members who got involved with UP to make constructive use of the knowledge they themselves gained while navigating the recovery process after a catastrophic loss.  Our Survivor’s Speak publication series, workshop speakers…
Good News for Napa (and Solano) Earthquake Survivors
Good News for Napa (and Solano) Earthquake Survivors

A FEMA declaration for Individual and Household Assistance has finally been approved for Napa and Solano County earthquake survivors.  If you were affected by the earthquake and need assistance you will have 60 days from the October 27th declaration to apply with FEMA.  UP participated…
Bach Talk – Helping policyholders adapt to climate change
Bach Talk – Helping policyholders adapt to climate change

“Public dollars also need to go to the equally important, though less glamorous projects and services that will help us prepare for the coming heavy weather.  That includes things like hiring more firefighters and improving storm barriers.  And it means coming up with new, nonprofit…
The world’s most common natural disasters by country
The world’s most common natural disasters by country

If nothing else, California’s earthquake is a reminder that nature doesn’t always play nice. Floods, cyclones and the like take a toll everywhere they hit. But just where do these disasters occur the most? According to the International Disaster Database, each country is faced with…
Department of Insurance responds to assist residents following Napa quake
Department of Insurance responds to assist residents following Napa quake

News: 2014 Press ReleaseFor Release: August 25, 2014Media Calls Only: 916-492-3566Department of Insurance responds to assist residents following Napa quakeDepartment’s consumer services and enforcement teams on site to assist NAPA, Calif. – The 6.0 earthquake that struck the Napa valley in the pre-dawn hours Sunday,…
Availability and Affordability of Insurance Under Climate Change: A Growing Challenge for the U.S.
Availability and Affordability of Insurance Under Climate Change: A Growing Challenge for the U.S.

(From the Lawrence Berkeley Lab, University of California at Berkeley) In 2005, we prepared a special report focusing on this topic.Mills, E., R.J. Roth Jr., and E. Lecomte. 2006. “Availability and Affordability of Insurance Under Climate Change: A Growing Challenge for the U.S.” Journal of…
Agent scams seniors out of more than $2 million
Agent scams seniors out of more than $2 million

FOR IMMEDIATE RELEASE: (#073)NEWS RELEASEAgent scams seniors out of more than $2 millionDepartment of Insurance asks additional victims to come forward PALM DESERT, Calif. – John Paul Slawinski, 59, was arrested at his home in Palm Desert on July 29, and is being arraigned on…
California Court of Appeal holds that an arbitration clause is not a bar to a claim for bad faith
California Court of Appeal holds that an arbitration clause is not a bar to a claim for bad faith

Policyholders achieved a rare victory in Maslo v. Ameriprise, B294271, Court of Appeal, Second Appellate District, Division Four, June 27, 2014 (227 Cal.App 4th 626). The plaintiff, Ted Maslo, was injured in a car crash by an uninsured motorist. After filing for UIM benefits under his own policy,…
Bobby Jindal signs bill to kill lawsuit against oil, gas companies
Bobby Jindal signs bill to kill lawsuit against oil, gas companies

Gov. Bobby Jindal has signed legislation aimed at killing a lawsuit filed by a New Orleans area regional levee board against 97 oil and gas companies, despite concerns that the new law could negatively affect state and government claims against BP over the 2010 Gulf…
GAO Issues Dire Report on National Flood Insurance Program
GAO Issues Dire Report on National Flood Insurance Program

May 14, 2014By: Arthur PostalWASHINGTON—The National Flood Insurance Program (NFIP) is a long, dark tunnel with no light in sight, a new Government Accountability Office report indicates, meaning that it is likely to be a political headache for the property casualty insurance industry for some…
Recent Quakes Push Interest, Sales of Policies in California
Recent Quakes Push Interest, Sales of Policies in California

Some people don’t need Earth Day to be reminded they live on a planet powered by the forces of nature.The recent string earthquakes on the Pacific belt may have hit home with California homeowners, who were already a bit shaken up by the 5.1 magnitude…
The Strip Mining of Legal Rights
The Strip Mining of Legal Rights

By: Ralph Nader and Theresa AmatoThe fine print in standard form contracts is undermining tort law, and it is not limited to mandatory arbitration. Corporations use it to insulate themselves and take away consumers’ tort law rights in other ways, including unfair choice of law…
Bank of America Settles Forced-Place Insurance Claims for $228M
Bank of America Settles Forced-Place Insurance Claims for $228M

Bank of America Corp. agreed to pay $228 million to settle claims the bank overcharged for insurance homeowners were forced to accept when their regular policies lapsed.The amount was disclosed in a document requesting approval for the accord filed yesterday in Miami federal court. Lawyers…