There is no greater conflict of interest than the one between a carrier and the insured they owe. A Texas Supreme Court Justice put it best. “We note at the outset that the insurance claim process is inherently adversarial. The adversarial process begins as soon as a claim is filed and ends only when the resolution of the claim is finally determined and accepted by the parties.” found here: https://cases.justia.com/…/supreme…/2019-17-0640.pdf…
Why the bad faith, prompt payment, and any other consumer protection legislation in insurance, regardless of the title under which it is shrouded, exist.
There is a special relationship, but certainly not the one they are pushing. Which is, because they are the insurer, they must have their insured’s best interest in mind.
No, the special relationship is the fact that you purchased a policy before an event, regardless of whether the event ever occurred.
That is the only special relationship that exists, and it is born from the contractual obligations of both sides, before the event, and after the event. No one gets to change that, unless the contract does.
Trust me, they have done a ton to get rid of verbiage they view detrimental to profits, and implement concepts rather than facts. For instance… Duties After a Loss has evolved over the years. Some of the Older policies say… “Requirements in the event of Loss.”
To put it into perspective, a scenario I run into often. Insured has significant loss, I notify them that loss has been valued $250,000.. to which they really do not respond, especially in a way I would expect, so… I say the same thing in a slightly different way. Your loss has been valued at a quarter of a million dollars… Shock, awe, disbelief…
You see, nothing changed, but the way I presented it…The phrase, and thereby the perception that only a few things are required of the insured… are a bold face lie, that the policy, every single one I have ever read, proves in seconds.
We were not a response to them… they were the carriers response to us, and control.
Not only of our industry, but indirectly, because of their adjustment of the claim, MRP programs, preferred vendors… all the way to the manufacturers, of every industry they insure, which is… all of them.
This single lie has done more than anything else we can uncover to get us where we are today… everyone believing this is the way it has always been, and there is no changing it.
Stay tuned for part 2 of the “Origins of the Adjusters… All of them” series. We are waiting for someone, anyone… to claim that 10K reward. While we wait, we do not wait. We already are pretty certain that the reason it has not been claimed… is that it cannot be done.
Reward: $10,000.00 dollars for anyone who can factually prove that the Insurance Adjuster came before the Public Insurance Adjuster…
Origins of the Adjusters… All of them.
Reward: $10,000.00 dollars for anyone who can factually prove (by preparing a minimum 3-page typed report with authenticated documentation and cites) that the profession of Insurance Adjuster’s (those retained by and/or employed by the insurance companies/carriers) were licensed and broadly utilized within the industry before the Public Insurance Adjuster in the United States… First person to email the info here: email@example.com
I do not believe they did.
Everything we can dig up, with all the modern technology available, suggests that the Profession of Public Insurance Adjusting was licensed somewhere between 1925 and 1937. (All details are sketchy, so I am very broad with dates.)
In that research, it is clear that licensing was occurring due to abuse by Public Insurance Adjusters. This is understandable, but also telling. They were already there… This was to regulate them.
See: Public adjusters have been practicing in New York since at least 1895:
Milch v. Westchester Fire Ins. Co., 13 Misc. 231, 232 (N.Y. Com. Pl. 1895). (Plaintiff was a public adjuster of claims for losses arising by the destruction by fire of buildings an contents covered by insurance policies)
Meyerson v. Hartford Fire Ins. Co., 16 Misc. 286, 287 (N.Y. App. Term. 1896). (Parties had acted as public adjusters representing the interests of insureds)
We have all believed that we were a relatively new profession, and that explained away a whole lot of things. Like how come there weren’t that many of us, or that we are the only ones, aside from an attorney, who can actually work for the insured after a covered loss, yet… we are one of the best kept secrets of a 100 plus years of… lies and propaganda.
Common policy language: “2. Your Duties After Loss. After a loss to which this insurance may apply, you shall see that the following duties are performed:”
All we really must do, is look at the most glaring fact available, you know, the one right in front of all of our collective noses and understood by anyone you ask.
Is it a conflict of interest to send the person who owes you the money out to tell you how much?
Absolutely. 100%. Without fail…
Conflict of Interest: “a situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity.”
- After a loss that the carrier owes for, who do they send out? Their adjuster, whether it is staff, or independent, it is still their representative, and they work solely for the carrier, and are prohibited, by law, from working for the insured, unless they possess… a PIA License.
- The carrier who owes, then sends their own adjuster to “adjust the loss”.
Now… when this understood, and proven, we can begin the process of breaking down how they did it… One of the largest scams in history, getting everyone in the entire world to believe the carrier was supposed to send their representatives to tell you how little they owe you.
Stay tuned for the results, and the next part of this series? Series… yes. We are going to begin a mind map and document every single thing that we can get our hands on… and do what they have been so successful at… following the data.
In the interim, while we give folks a chance at that 10k, I presented a poll in two separate groups.
Are the majority of insurance adjusters Male or Female? While this may seem like an innocent enough question, it is not. I believe it will show us what the collective thinks, as to what is fact, and has been. Second part, it is because most of those women work inside at places like “Fire Claims Central” or whatever the claims department calls itself.
Poll 1 29 males – 3 Females
Poll 2 32 males – 3 females
Answer to that and lot of other “data” found here: Adjuster Statistics
That should lead to the next question….
What are all those adjusters inside 100,000 sf buildings full of cubicles doing?
You get three guesses, and the first two do not count.
They are protecting their employers, with little to no oversight by the Departments of Insurance allegedly designed for that very purpose.
Yes, when it comes unraveled, folks will finally understand that it did not happen by chance.
There was a very specific plan put in place, as early as the 1920’s, that netted what we see today.
Unparalleled greed with every regulating body participating, knowingly or unknowingly, in one of the largest schemes the world has ever witnessed.
Our colleagues know that we do not lash out at the problem, without having a solution.
There is a very simple solution to this entire, nefarious mess.
Problem is, the folks who made it this way, do not think it is a problem, for them anyway. Record Profits coupled with sky high deductibles and premiums… not how it was originally meant to be, and nowhere close to what the contract/policy states, and never mind common sense… Sending the business out that owes, to tell you how much…
Ask the folks that have been hit with catastrophic damages and left to deal with an insurance company, and their adjuster. Heck, I have an even better one. Supreme Court Justice of Texas put it eloquently… “We note at the outset that the insurance claim process is inherently adversarial. The adversarial process begins as soon as a claim is filed and ends only when the resolution of the claim is finally determined and accepted by the parties.” Found in Barbara Technologies vs State Farm
Yes, once the claim is filed, your adversary is sending their guy to assess…
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