Upon completion of this course section, the attorney, agent or adjuster will have a basic understanding of the proposed legislative changes relating to hail reform and weather-related property litigation being considered by legislators in the 2017 session. This introduction and overview will emphasize general goals and effects of legislation considered to address current lawsuit abuse including:
- Suits being filed with no notice after payments have been made by an insurer;
- If notice is provided, notice is provided as a settlement demand for large sums to discourage early resolution in an effort to justify the attorney involvement;
- Evidence supporting additional amounts is often not provided except in mediation, which is not admissible and allows for excessive estimates to thwart early resolution – just to support an attorney’s fee claim;
- Adding employees or adjusters in suits filed against insurers, even in cases where the individual being sued has not been involved in the inspection or adjustment of a claim;
- Refusal to provide information about the details of the claim supporting the lawsuit;
- Trying to avoid appraisal through legal arguments on waiver or estoppel;
- Refusing to drop litigation if an appraisal award is paid.
Preview the presentation here.