Governmental insurance pools or quasi-governmental entities offering insurance are often treated differently than typical private insurance companies. Since many of these insurance entities are set up to provide insurance to other governmental entities, especially municipalities and local school districts, it is important to recognize that state laws often treat these entities different than private insurers.…

Lesser & Company have been pioneers and leaders in Florida public adjusting since 1944. It is Florida’s oldest public adjusting firm. I was stunned to learn from Mark Boardman that Steve Lesser passed yesterday morning. I felt a lump in my throat and wished that this horrible news was simply not true. Steve is my age. It is hard to accept that my friends and I are getting so much older that the things that…

In the legal world, there are generally two types of witnesses that you will see: (1) fact witnesses and (2) expert witnesses. Well, technically there are three, if you count hybrid witnesses. These types of witnesses serve both factual and expert purposes.…

This year, United Policyholders celebrates a tremendous milestone – 30 years of successfully providing information to and advocating on behalf of policyholders nationwide. In their own words: United Policyholders (UP) is a non-profit 501(c)(3) organization whose mission is to be a trustworthy and useful information resource and an effective voice for consumers of all types of insurance in all 50 states.…

Massachusetts has adopted a version of the model Unfair Claims Settlement Practices Act and recognizes a cause of action for bad faith against a first-party insurer.1 Mass. Gen. Laws Ch. 93A § 9 establishes a statutory cause of action for any person who has been injured by another person’s use or employment of any method, act, or practice declared to be unlawful by Mass. Gen. Laws Ch. 176D § 3(9), a violation of which may…

One of the most painful decisions I have to make as an attorney in private practice is turning away potential clients because the cost of litigation dwarfs the value of their claim. I am certain that the public adjusters I know experience the same pain. But it is inevitable in the private sector, at least in states that lack consumer-friendly automatic attorney-fee laws, like California, where I practice. But no matter where you are, the…

Dogs and cats harmoniously together? It happens at the Windstorm Insurance Conference where insurance company representatives and policyholder advocates analyze property insurance claims handling trends. Jonathan Held, Steve Badger, and I will present and analyze some of the most cutting-edge issues surrounding appraisals of property insurance disputes. This year’s Conference will be held virtually February 1-4. The live Conference will be held May 24-26.…