This book is written to bring into sharp focus the duties, rules, and rights of both the company and the policyholder. And, most importantly, to provide preparedness and wherewithal for a policyholder to deal with an insurance adjuster. Chances are there may be an adjuster in your future.
Although the cumulative work of the insurance claims industry provided the nucleus, it is the need for public access and dissemination of information that germinated the seed. The encouragement and support of my family and friends, along with the following references, helped make this book a reality: F.C.&S. Bulletins; 165 Lines, Jesse Bacalis; N.A.I.C. Unfair Practices Model Regulation; California Insurance Code; The Art of Negotiating, Gerard I. Nierenberg; Standard Policy Wording; Handling Basic Insurance Claims, Massachusetts Academy of Trial Attorneys; Millers Standard Insurance Policies Annotated, Susan J. Miller and Philip Lefebvre; Freedman's Richards on the Law of Insurance, Warren Freedman; Insurance Dictionary, Michael C. Thomsett; Couch Cyclopedia of Insurance Law; What You Need to Know to Settle With Insurance Companies, Thomas H. Veitch; American Bar Association Policy Annotations.
Privileged adjusting interpretations, rules on unfair practices and claim principles are the essence of policyholder responsibilities and rights. They deserve the light of day. "The public has a right to know. . .", especially considering the public is directly involved and made to carry the burden of proof. There are many worthy analogies. However, the one that comes to mind is the card dealer who is not only self-appointed, but oddly enough is the only one privy to the rules of the game. Suddenly by some stroke, the other players are given to know the rules and have an equal say in the deal.
It takes new terminology to cover new territory. "Ensurance" is an invented word that begs the question of parity. It isn't the place of insurance to put forth opposing information and arguments. We really should not expect insurance to create its own legitimate offset. It is not only true there are two sides to every argument; it is quite equally true both sides exist even if one is obscure.
Security is the condition of being secure; free from exposure to danger, anxiety and doubt. Insurance security is not a vacuum state of mind hoping for the best. It is a prepared state of mind. . .over myth.
False security is no substitute for the real thing. There are at least two types of false security and they can operate separately or in concert. The first and very popular notion is, "It will never happen to me." Maybe, but maybe not. The second and equally dangerous belief is, "I have insurance, it will take care of me." Sometimes yes, and sometimes no. If you are not mentally prepared you are leaving it to chance. Leaving it to chance, by any stretch, is not security. A prepared state of mind is peace of mind. There is another notion that needs to be addressed: some people believe the more you know about insurance the more you will commit fraud. Those who espouse this theory have not really thought it through. Who else should we trust with this information if not us, the privileged few above reproach? Ask yourself this question: Because the government provides information and forms, and H R Block or some other tax preparer provides the ins and outs of taxes, does that mean you will more likely commit tax fraud? You have better protected your interest with knowledge, it is true; however, your tax forms are more likely proper. Knowledge is not to be feared as if it will ruin integrity. It has quite the opposite effect. Knowledge produces integrity.
Each court case in this book is a real life experience--policyholders grappling with insurance companies over many issues. There are lessons in these cases that can be learned, but probably the most important one of all is the realization that insurance is quite different than advertised. Not really unfair, once we all have access to the same information, just different--a leverage contest of sorts based on adjusting factors and negotiating skill. As it turns out in adjusting, court cases are the substance of policy interpretation. In many of these cases you will find court opinion that is contrary to policy wording. It isn't enough to understand the policy. Court interpretations overrule policy wording. The actual wording from court cases makes for laborious, dry reading, most usually appreciated by students of law. However, because each case becomes support for an argument, a bargaining chip and a better understanding of adjusting, the case reference itself is as important as the policyholder's understanding of just what it means. One should not do without the other. Hopefully through paraphrasing, the view of the obscure side of insurance will become clearer and the complex, simpler. This book is designed as a reference work, and as an instrument of utility to accompany your property insurance policies.
