In co-dependence denial the greatest ignorance is to reject substantive matter out of hand, yet insurance policyholders do it as preset course, unaware of their vulnerability till often too late.
The question is when will the 99% change course? The answer is when they are good and ready.


Adjusters & Agents

Those You Rely On

Because the insurance company hired an independent adjuster (private insurance company adjuster) to adjust the policyholder's fire loss claim did not create a fiduciary relationship between the policyholder and that adjuster. Where there is a dispute as to coverage of the policyholder's claim, retention of an independent adjuster by the insurance company is not for the benefit of the policyholder:
Thompson v. Cannon, 274 Cal. Rptr. 608, 224 C.A. 3d 1413, Cal. App. 4 Dist., 1990.

The policyholder sued an independent adjuster for a breach of fiduciary duty. The court held that the adjuster had a fiduciary duty to the insurance company, not to the policyholder:
Thompson v. Cannon 224 CA Ap3 1413 274 CaR 608, 1990.

The insurance agent owes a fiduciary duty to the insurance company, and acts not for the policyholder, but for the insurance company:
Weinisch v. Sawyer & Allstate Insurance Co., 587 A. 2d 615 N.J., 1991.

The Company Adjuster allegedly pressured the policyholder to have damages repaired by a particular construction company that later defaulted on the repairs. The court found that the policyholder could not recover from the Company Adjuster because there was no contract between that adjuster and the policyholder. The court also found that the policyholder had endorsed the insurance draft (type of check) that had been made payable to the policyholder, mortgagee and the construction company. The draft contained release language that became enacted once it was endorsed. The policyholder claimed $10,500 in damage that was not repaired by the construction company, $25,000 for loss of use of the property and $8,000 legal fees--all without a remedy for the policyholder:
Larkin v. First of Georgia Underwriters, 466 So. 2d 655, 1985.


Full article in the book, "Policy Ensurance"
© 1991-2010 Antone P. Braga


© 1991-2012 Antone P. Braga