Public Ajustors


Please call Lee from Acentria Insurance at 9540270-7966 for Free quotes on Home Insurance, Auto, Flood, Private Flood, Car, Business & Commercial & Life group & financial products as well.

Peoples Trust Insurance lost $42 million in 2016, was recently in financial “shambles,” and was overvalued by more than $50 million when current President and CEO George W. Schaeffer agreed to buy half of the company from the widow of his late partner. Those claims surfaced in a memo that Schaeffer reportedly sent to Eileen Gold, widow of company co-founder Mike Gold, before he sued her for the return of $4 million he says he overpaid her.

Schaeffer and Gold are now suing each other in Palm Beach County Circuit Court.

In his suit, Schaeffer is demanding that Eileen Gold release him from his May 2014 agreement to pay $30 million for the Golds’ half of the Deerfield Beach-based company. He says an analysis conducted following Mike Gold’s death in January 2014 “grossly misrepresented” the company’s value as $88 million, but that Schaeffer later discovered it had been poorly managed and was actually worth $34 million in June 2014.

As a result, Schaeffer’s suit says, the $21 million he has so far paid to Eileen Gold was $4 million more than he should have paid. The suit demands that Eileen Gold release Schaeffer from having to pay the remaining $9 million as agreed, and repay $4 million the widow received “unlawfully” and as “unjust enrichment.”

Eileen Gold filed in both suits a memo she said Schaeffer hand-delivered on Dec. 8 — a week before the two filed their respective suits.

The memo includes the words “Privileged and Confidential Inadmissible Settlement Communication” and is headed “To: Eileen Gold. From: George Schaeffer.” It accuses Mike Gold of “mismanaging the company very badly” and hiding it from his then-partner.

“Unfortunately, I also learned that Mike spent almost every day of the week at a casino and at a massage parlor. And it appears that he was using cash from the company to finance these activities,” the memo states.

“Upon reviewing the books and records of the company, we have found that Mike had apparently engaged in CRIMINAL activity with the company, including the borrowing of funds from the insurance company. This is a crime. There are many other examples. But this company that was in supposedly good shape was actually in shambles, and lost $42 million last year alone.”

The memo then contends that an independent forensic accounting firm reviewed the prior valuation and found it was actually worth $34 million in 2014. “So the most I would have ever had to pay you was $17 million,” it says. “And yet I have already paid you $21 million; am supposed to pay you $9 million more; and on top of that I am supposed to pay you a percentage of the company if I should ever sell.

Please enjoy the full article below

http://www.sun-sentinel.com/business/fl-bz-peoples-trust-valuation-lawsuit-20180420-story.html

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Please call Lee @ Acentria Insurance at 954-270-7966 for free quotes on Home Insurance, Auto, Flood, Private Flood, Car, Business & Commercial, & Life, Group  and financial products as well.

Florida Chief Financial Officer Jimmy Patronis has released a top 10 list of most wanted insurance fraud criminals and called on local communities to help with finding the individuals.

According to a statement from the Florida Department of Financial Services, each of the following individuals is wanted for various insurance-fraud related crimes:

  • Anthony Fitzgerald Phillips, last known address Fullerton, Calf.: Grand Theft.
  • Huberto Del Sol Puerto, last known address Hialeah/Miami, Fla.: Organized fraud ($50,000 or More), false and fraudulent insurance claims, grand theft (3rd Degree), money laundering, false statement (Jurisdiction of Department of State).
  • Gabriel Sanchez, last known address Miami, Fla.: Racketeering.
  • William Brenes, last known address Hillsborough County: Fraudulently presenting a false statement ($100,000 or more).
  • Jose Alexis Orellana Ramos, last known address North Lauderdale, Fla.: Organized fraud ($50,000 or more), grand theft (1st Degree, $100,000 or more), workers’ compensation fraud (Over $100,000).
  • Joseph J. Beckford, last known address Carrollton, Ga.: False and fraudulent insurance claim.
  • Bernardo Romero-Ortiz, last known address Orlando, Fla.: Workers’ compensation fraud ($100,000 or more); organized fraud.
  • Roland Terencio Delgado, last known address Coral Gables, Fla.: Racketeering, grand theft (2 Counts).
  • Paul Emmanuel Pierre, last known address Orlando, Fla.: Racketeering, false and fraudulent insurance claim.
  • Javier Lopez Rivero, last known address Miami, Fla.: Racketeering, grand theft, false and fraudulent insurance claims.

Please enjoy the full article below

https://www.insurancejournal.com/news/southeast/2018/04/18/486707.htm

 

Please call Lee at Acentria Insurance at 954-270-7966 for free quotes on Home Insurance, Auto, Flood, Private Flood, Car, Business & Commercial & life, group & Financial products as well.

Citizens Property Insurance Corp. has approved a slate of policy language changes designed to protect consumers while addressing rising costs of nonweather water loss claims and related litigation that continue to drive premiums higher, according to a statement from the state-run insurer of last resort.

The policy changes will also address issues that have arisen since the Citizens Managed Repair Program was enacted last year and a subsequent rise in litigation the company says has occurred as a result.

The proposed policy changes, approved by unanimous vote at the Board of Governors meeting on Wednesday, would boost incentives for policyholders to participate in Citizens Managed Repair Program while better ensuring that customers who choose not to participate have adequate funds to make permanent repairs following a nonweather related water loss.

The new policy language would limit payment on nonweather related water losses – a broken pipe, a leaking water heater – to $10,000, including $3,000 for emergency water mitigation services. Additional water mitigation exceeding the $3,000 limit would be completed by Citizens managed repair contractors at no cost to the policyholder. The changes would take effect Aug. 1, 2018, if approved by the Florida Office of Insurance Regulation.

Please enjoy the full article below,

https://www.insurancejournal.com/news/southeast/2018/04/12/486137.htm

Please call Lee at 954-270-7966 for free quotes on Home Insurance, Auto, Flood, Private Flood, Car, Business & Commercial and Life, Health and group benefit policies.

 

Please read below how for 3 years in a row now AOB is still not resolved. Our Legislators in Tallahassee receive t much PAC money so why solve problems and help the consumer. instead we will see an average of 15% rate hikes for several years because they cannot agree on to much.

 

SB1168, by Senator Steube, passed two of its committee of three committees, but that’s as far as this onerous version of AOB reform ultimately got prior to stalling out in the Senate. SB1168 also amended current law to provide that a misrepresentation, omission, concealment of fact, or incorrect statement on an insurance application may prevent recovery only if the misrepresentation, omission, concealment of fact, or incorrect statement directly relates to the cause of the claim. If the misrepresentation, omission, concealment of fact or incorrect statement directly relates to the cause of the claim, one of the following must have applied:

  • The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer; or
  • If the true facts relative to the loss claimed had been known to the insurer pursuant to a policy requirement or other requirement, the insurer in good faith would not have:
    • Issued the policy or contract;
    • Issued the policy or contract at a premium rate at least 20 percent higher than the rate actually charged;
    • Issued a policy or contract in as large an amount; or
    • Provided coverage with respect to the hazard resulting in the loss.

In addition, SB1168 also would have amended current law to prohibit an insurer from utilizing “managed repair” controls, such as requiring that a particular vendor make repairs to a dwelling insured on the basis of replacement costs. It also prohibits the insurer from even recommending or suggesting a particular vendor to make repairs to a dwelling insured on the basis of replacement costs.

 

The bill required the assignee to provide a copy of the assignment agreement to the insurer within the earlier of 7 days after execution of the agreement, or 48 hours after beginning nonemergency work if the insurer has a facsimile number and e-mail address on its website designated for the delivery of such documents. It allowed the insurer to inspect the property at any time. If the insurer fails to attempt in good faith to inspect the property within 7 days after learning of the loss and promptly deliver to the assignee written notice of any perceived deficiency in the assignee’s notice or the work being performed; however, the failure may be raised to estop the insurer from asserting that work done was not reasonably necessary or that the notice was insufficient. We worked hard to stop this bill from advancing or being amended onto other legislation.

 

Industry’s preferred AOB bill, SB62 by Senator Hukill, was never scheduled for a committee hearing by the Banking & Insurance committee in the Senate.

 

Meanwhile, the Florida House of Representatives AOB reform, HB 7015 by Representative Trumbull was sent to the Senate in the first week of the legislative session. While the House version was not a perfect solution, the bill makes significant changes to the way property repair vendors are restricted in their use of an “assignment of benefits” or “AOB.”   The bill requires disclosures be provided to insureds before entering into an AOB. It moved to a “loser pays” attorney fee system. The House legislation provided the insured with an opportunity to rescind the assignment within 7 days of entering into the contract with the vendor. Further, the bill increased consumer protections and required vendors to provide written estimates of the work to be completed and required the assignee to notify the insurer of the assignment within 3 days of it being executed.   While it would be better to eliminate attorneys’ fees to repair vendors altogether, this bill would have been an improvement over the current system.

 

In the end, the House and Senate versions of AOB never matched up. This issue will be revisited next session.

Please call Lee at 954-270-7966 for free quotes on Home Insurance, Auto, Flood, Private Flood, Car, Business & Commercial, & Life, group benefits, and all types of Insurance.

PROPERTY

  1. AOB REFORM  SB62/SB1168/HB7015

 

An onerous version of AOB reform is on the move in the Senate. SB1168, by Senator Steube, passed its second committee of three committees on February 6th, but no action last week. SB1168 also amends current law to provide that a misrepresentation, omission, concealment of fact, or incorrect statement on an insurance application may prevent recovery only if the misrepresentation, omission, concealment of fact, or incorrect statement directly relates to the cause of the claim. If the misrepresentation, omission, concealment of fact or incorrect statement directly relates to the cause of the claim, one of the following must apply:

  • The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer; or
  • If the true facts relative to the loss claimed had been known to the insurer pursuant to a policy requirement or other requirement, the insurer in good faith would not have:
    • Issued the policy or contract;
    • Issued the policy or contract at a premium rate at least 20 percent higher than the rate actually charged;
    • Issued a policy or contract in as large an amount; or
    • Provided coverage with respect to the hazard resulting in the loss.

In addition, SB1168 also amends current law to prohibit an insurer from utilizing “managed repair” controls, such as requiring that a particular vendor make repairs to a dwelling insured on the basis of replacement costs. It also prohibits the insurer from even recommending or suggesting a particular vendor to make repairs to a dwelling insured on the basis of replacement costs.

 

The bill also requires the assignee to provide a copy of the assignment agreement to the insurer within the earlier of 7 days after execution of the agreement, or 48 hours after beginning nonemergency work if the insurer has a facsimile number and e-mail address on its website designated for the delivery of such documents. It allows the insurer to inspect the property at any time. If the insurer fails to attempt in good faith to inspect the property within 7 days after learning of the loss and promptly deliver to the assignee written notice of any perceived deficiency in the assignee’s notice or the work being performed; however, the failure may be raised to estop the insurer from asserting that work done was not reasonably necessary or that the notice was insufficient.

SB1168 passed the Judiciary committee with 7 yeas, and 3 nays in week five. Committee Chairman Greg Steube pushed an amendment that eliminated language that prohibits carriers from factoring any attorney fees into their premium. The bill now has one more committee in the Senate. We continue working to stop this bill from advancing.

Industry’s preferred AOB bill is SB62 by Senator Hukill, which has not been scheduled for a committee hearing and is unlikely to advance given the composition of the Banking & Insurance committee in the Senate.

 

Meanwhile, the Florida House of Representatives AOB reform HB 7015 by Representative Trumbull was sent to the Senate in the first week of the legislative session. While the House version is not a perfect solution, the bill makes significant changes to the way property repair vendors are restricted in their use of an “assignment of benefits” or “AOB.”   The bill requires disclosures be provided to insureds before entering into an AOB. It also moves to a “loser pays” attorney fee system. The House legislation provides the insured with an opportunity to rescind the assignment within 7 days of entering into the contract with the vendor. Further, the bill increases consumer protections and required vendors to provide written estimates of the work to be completed and required the assignee to notify the insurer of the assignment within 3 days of it being executed.   While it would be better to eliminate attorneys’ fees to repair vendors altogether, this bill is an improvement over the current system.

 

In the end, it is unlikely that the House and Senate versions of AOB will match up. But if the House bill moves toward the Senate version, it will be a weaker product and possibly even onerous.

 

  1. AOB MANAGED REPAIR WITH RESTRICTIONS SB1140

 

B1140 by Senator Garcia specifies requirements for an insurer offering residential coverage that places a restriction on the policyholder’s choice of contractor necessary to repair damage covered by the policy. Those restrictions would require the use of a contractor with an active license, prohibiting the contractor from placing a lien on the covered property for the work performed, ensure that all necessary permits are obtained for the work being performed, and guarantee the quality of work performed by the contractor under the policy for 3 years after all work has been completed.

 

The bill has not been scheduled for a committee hearing and has no House companion.

Please call Lee Gorodetsky@954-270-7966 for free quotes on Home Insurance, Auto, Flood, Private Flood, Car, Business & Commercial & life, health Investments & group benefits as well.

PROPERTY

  1. AOB REFORM  SB62/SB1168/HB7015

 

An onerous version of AOB reform is on the move in the Senate. SB1168, by Senator Steube, passed its second committee of three committees on February 6th, but no action last week. SB1168 also amends current law to provide that a misrepresentation, omission, concealment of fact, or incorrect statement on an insurance application may prevent recovery only if the misrepresentation, omission, concealment of fact, or incorrect statement directly relates to the cause of the claim. If the misrepresentation, omission, concealment of fact or incorrect statement directly relates to the cause of the claim, one of the following must apply:

  • The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer; or
  • If the true facts relative to the loss claimed had been known to the insurer pursuant to a policy requirement or other requirement, the insurer in good faith would not have:
    • Issued the policy or contract;
    • Issued the policy or contract at a premium rate at least 20 percent higher than the rate actually charged;
    • Issued a policy or contract in as large an amount; or
    • Provided coverage with respect to the hazard resulting in the loss.

 

In addition, SB1168 also amends current law to prohibit an insurer from utilizing “managed repair” controls, such as requiring that a particular vendor make repairs to a dwelling insured on the basis of replacement costs. It also prohibits the insurer from even recommending or suggesting a particular vendor to make repairs to a dwelling insured on the basis of replacement costs.

 

The bill also requires the assignee to provide a copy of the assignment agreement to the insurer within the earlier of 7 days after execution of the agreement, or 48 hours after beginning nonemergency work if the insurer has a facsimile number and e-mail address on its website designated for the delivery of such documents. It allows the insurer to inspect the property at any time. If the insurer fails to attempt in good faith to inspect the property within 7 days after learning of the loss and promptly deliver to the assignee written notice of any perceived deficiency in the assignee’s notice or the work being performed; however, the failure may be raised to estop the insurer from asserting that work done was not reasonably necessary or that the notice was insufficient.

SB1168 passed the Judiciary committee with 7 yeas, and 3 nays in week five. Committee Chairman Greg Steube pushed an amendment that eliminated language that prohibits carriers from factoring any attorney fees into their premium. The bill now has one more committee in the Senate. We continue working to stop this bill from advancing.

Industry’s preferred AOB bill is SB62 by Senator Hukill, which has not been scheduled for a committee hearing and is unlikely to advance given the composition of the Banking & Insurance committee in the Senate.

 

Meanwhile, the Florida House of Representatives AOB reform HB 7015 by Representative Trumbull was sent to the Senate in the first week of the legislative session. While the House version is not a perfect solution, the bill makes significant changes to the way property repair vendors are restricted in their use of an “assignment of benefits” or “AOB.”   The bill requires disclosures be provided to insureds before entering into an AOB. It also moves to a “loser pays” attorney fee system. The House legislation provides the insured with an opportunity to rescind the assignment within 7 days of entering into the contract with the vendor. Further, the bill increases consumer protections and required vendors to provide written estimates of the work to be completed and required the assignee to notify the insurer of the assignment within 3 days of it being executed.   While it would be better to eliminate attorneys’ fees to repair vendors altogether, this bill is an improvement over the current system.

 

In the end, it is unlikely that the House and Senate versions of AOB will match up. But if the House bill moves toward the Senate version, it will be a weaker product and possibly even onerous.

Please call  Lee Gorodetsky at 954-270-7966 for free quotes on Home Insurance, Auto, Flood, Private Flood, Auto, Business & Commercial , & life, Health and group benefits as well.

An onerous version of AOB reform is on the move in the Senate, passing its second of three committees this week. SB1168, by Senator Steube, amends current law to provide that a misrepresentation, omission, concealment of fact, or incorrect statement on an insurance application may prevent recovery only if the misrepresentation, omission, concealment of fact, or incorrect statement directly relates to the cause of the claim. If the misrepresentation, omission, concealment of fact or incorrect statement directly relates to the cause of the claim, one of the following must apply:

  • The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer; or
  • If the true facts relative to the loss claimed had been known to the insurer pursuant to a policy requirement or other requirement, the insurer in good faith would not have:
    • Issued the policy or contract;
    • Issued the policy or contract at a premium rate at least 20 percent higher than the rate actually charged;
    • Issued a policy or contract in as large an amount; or
    • Provided coverage with respect to the hazard resulting in the loss.

 

In addition, SB1168 also amends current law to prohibit an insurer from utilizing “managed repair” controls, such as requiring that a particular vendor make repairs to a dwelling insured on the basis of replacement costs. It also prohibits the insurer from even recommending or suggesting a particular vendor to make repairs to a dwelling insured on the basis of replacement costs.

 

The bill also requires the assignee to provide a copy of the assignment agreement to the insurer within the earlier of 7 days after execution of the agreement, or 48 hours after beginning nonemergency work if the insurer has a facsimile number and e-mail address on its website designated for the delivery of such documents. It allows the insurer to inspect the property at any time. If the insurer fails to attempt in good faith to inspect the property within 7 days after learning of the loss and promptly deliver to the assignee written notice of any perceived deficiency in the assignee’s notice or the work being performed; however, the failure may be raised to estop the insurer from asserting that work done was not reasonably necessary or that the notice was insufficient.

We are working to stop this bill from advancing. Industry’s preferred AOB bill is SB62 by Senator Hukill, which has not been scheduled for a committee hearing and is unlikely to advance given the composition of the Banking & Insurance Committee in the Senate.

 

Meanwhile, the Florida House of Representatives AOB reform HB 7015 by Representative Trumbull was sent to the Senate in the first week of the legislative session. While the House version is not a perfect solution, the bill makes significant changes to the way property repair vendors are restricted in their use of an “assignment of benefits” or “AOB.”   The bill requires disclosures be provided to insureds before entering into an AOB. It also moves to a “loser pays” attorney fee system. The House legislation provides the insured with an opportunity to rescind the assignment within 7 days of entering into the contract with the vendor. Further, the bill increases consumer protections and required vendors to provide written estimates of the work to be completed and required the assignee to notify the insurer of the assignment within 3 days of it being executed.   While it would be better to eliminate attorneys’ fees to repair vendors altogether, this bill is an improvement over the current system.

 

In the end, it is unlikely that the House and Senate versions of AOB will match up. But if the House bill moves toward the Senate version, it will be a weaker product and possibly even onerous.

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