Don't Text and Drive

Here’s a scary statistic:
If you text and drive, you’re 23 times more likely to have a car crash.

Texting while driving has become the number one driving distraction for many people. Drivers need to be aware of the dangers and keep their attention on the road, not on their cell phones or other mobile devices. Parkview Trauma Centers have developed the Don’t Text & Drive campaign to help educate communities and stop preventable tragedies.

Educate yourself. Take the pledge. Share the message. Don’t Text & Drive.

Florida PIP Changes

Florida, your insurance coverage just changed

Posted

12/20/2012 4:10:00 PM

Referenced Stocks:

Question: In Florida, what changes are there to the PIP coverage? I've heard a lot of talk about changes in 2013, but I don't know the details.
Answer: Even with changes to Florida's no-fault insurance , car owners here are still required to purchase $10,000 worth of personal injury protection (PIP) coverage. PIP will continue pay out 80 percent of medical expenses that are found to be necessary and reasonable , regardless of fault.
However, starting in Jan. 1, 2013, there are changes in Florida concerning how quickly you must receive medical treatment for your injuries and who can treat them. How much you can be paid will depend upon your medical condition -- if your injury isn't declared serious, then you can only receive up to $2,500 in PIP benefits.
Under the revisions to Florida's no-fault law (Florida Statute 627.736 ), you must initialize medical services and care within 14 days of the accident in order for to be eligible for benefits. The law is also strict about who can see you for your initial medical treatment.
Starting in 2013, your initial medical care must be:

• provided by emergency medical services personnel, or
• provided in a hospital, or
• in a facility that owns or is wholly owned by a hospital, or
• provided by a medical doctor, an osteopath, a dentist, or chiropractor.

For follow-up medical treatment to be covered under your PIP benefits, it must be based on a referral from the approved healthcare professional that provided you the initial medical care. Follow up services may be provided by a:

• Hospital
• Ambulatory surgery center
• Medical doctor
• Osteopath
• Dentist
• Chiropractor
• Physician's assistant
• Advanced registered nurse practitioner (ARNP)
• Physical therapist
• Certain health care clinics

Under the changes to the no-fault coverage, massage therapy and acupuncture won't be covered, even if an authorized physician prescribes it.
If the appropriate health-care professional determines that you suffered from an emergency medical condition, then you can receive reimbursement for all medical services and care up to your $10,000 PIP limit. If, instead, you're found to have a non-emergency medical condition, then your PIP benefits are limited to only $2,500.
Florida statute 627.732(16) defines an emergency medical condition as a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain. Without seeking immediate medical attention, your medical condition could result in any of the following:

• Serious jeopardy to your health;
• Serious impairment to bodily functions;
• Serious dysfunction of any bodily organ or part.

A provision in the no-fault law now also allows that after a claim has been made for PIP benefits, an auto insurance company can request that the insured submit to a mental or physical examination by a physician (paid for by the insurer) to verify the initial medical findings.
PIP will continue to pay 100 percent for necessary for reasonable replacement services that may be required due to your injuries and 60 percent of work loss -- up to your limit. Death benefits are capped at $5,000 but are in addition your $10,000 medical and work loss benefits.
All portions of your Florida PIP, except the death benefit, will continue to be subjected to the deductible you selected.

Why the changes?

Florida is trying to curtail the rampant insurance fraud that has taken place under the no-fault system.
The Florida Office of the Insurance Regulation (FLOIR) says that the state established a no-fault system of car insurance to speed up payment for injured drivers and limit lawsuits. However, in recent years the amount of motor vehicle accidents has remained relatively the same in Florida but PIP claims have skyrocketed - nearly 50 percent of fraud investigations are in regards to PIP.
Lawmakers also hoped the PIP reforms would lower car insurance rates in Florida, but thus far the rate filings show the savings to be minimal at best. The state's insurance commissioner says that it appears the PIP revisions are mitigating rate increases instead of producing rate reductions.
The best way to save is to shop around for the cheapest car insurance rates for your coverage needs. Comparison shopping for auto insurance can result in a savings of hundreds of dollars, if not much more. (See "Pocket $1,102 just by shopping around")

Rear-End Drivers at Fault????

Florida Court Allows Drivers to Rebut Presumption of Fault in Rear-End Crashes

Florida’s high court has ruled that drivers that cause an automobile accident by striking another car from behind can still sue the other driver for damages depending on the circumstances of the accident and the other driver’s actions.
The Florida Supreme Court recently ruled [Cevallos v. Rideout No. SC09-2238] in a case that clarified several conflicting lower court rulings on the matter. At issue is to what degree can a presumption that the driver causing a rear-end automobile accident is solely responsible for damages be rebutted under Florida’s tort system.
The case originated in a 2005 accident whereby Maria Cevallos struck the back of an automobile driven by Kerri Anne Rideout. Cevallos claimed that she had been driving four car lengths behind Rideout and slowed her speed to 35 miles-per-hour, but nonetheless eventually could not help making contact with Rideout’s car.
Rideout’s car was stationary after she abruptly “slammed” into another vehicle while driving 45 miles-per-hour and talking on her cellphone.
Florida’s Fourth District Court of Appeals had affirmed a trial court’s ruling that barred Cevallos from suing Rideout based on the presumption that as the driver initiating the rear-end collision Cevallos had no standing in court.
The Supreme Court, however, pointed out that the Fourth District Court’s decision ran counter to other district courts that said the presumption could be rebutted under certain circumstances.
“The presumption of negligence that attaches to a rear driver in a rear-end motor vehicle collision can be rebutted or avoided by the production of evidence from which a jury could find negligence on the part of the front driver that contributed to bring about the injury-production collision,” wrote Judge Jorge Labarga.
Labarga said that given Rideout’s actions there is enough evidence to present to a jury to decide to what degree Rideout might be responsible for the accident and damages suffered by Cevallos.
The court’s reasoning behind the Cevallos decision is based on a similar case in Birge v. Charron No. SC10-1755. In that case, the court laid out the interaction of the presumption that the driver of the car initiating a rear-end accident is solely at fault with Florida’s tort system that is governed by the standards of comparative negligence.
Labarga noted that the presumption is less a legal standard than a method of resolving a legal claim when there is not enough evidence to say which driver may be at fault.
“The rear-end presumption is an evidentiary tool to facilitate a particular type of negligence case where there is an absence of a jury question on the issue of comparative fault,” wrote Labarga.
In cases where the presumption can be rebutted, the cases are then adjudicated under Florida’s comparative negligence system where a jury can decide the degree to which any driver is at fault.
“Florida’s comparative negligence system dictates that recovery be apportioned and diminished based on the comparative fault of all individuals whose negligence contributed to cause and injury,” wrote Labarga.

Wind Shield Scams

'Windshield bullies' a growing fraud problem 14 Nov 2012 10:37am, EST

NBCNews.com

Some people call them "windshield bullies."

They hover outside car washes, wander around office parking lots or sometimes even go door to door. They find a chip in your windshield, then launch into a hard sell for instant replacement.

Complaints about windshield bullies come from all around the country but are particularly common in places like Florida and Arizona. Just this week, the Tallahassee, Fla., Police Department issued a warning about door-to-door salesmen after a series of unexpected doorbell sales pitches were reported by residents.

The salesmen aren't necessarily criminal. In fact, windshield incidents run the spectrum from legitimate, convenient replacement, to overly aggressive marketing, to outright fraud. In some cases, the salespeople are accused of damaging windshields, then ringing door bells and offering to repair them.

There's big money in windshield fraud. Last year, a Florida woman in Hernando County accused of damaging windshields told police that she earned $45 for every sales referral – not a bad take, given that online referrals for items like mortgages typically earn tipsters only $5 or $10 apiece.

But firms don't need to engage in property damage to make big money off of auto glass insurance fraud.

In 2008, a Washington state glass company named DKN Industries pleaded guilty to lying about the geographic location of the repairs it performed in order to earn higher commissions (rural repairs get a premium over urban repairs). During a three-year stretch, the firm received an extra $6 million in insurance payments that way. And last year, the vice president of Florida-based Lee and Cates Glass Inc. was among 10 people arrested and charged with filing half a million dollars in false claims, allegedly lying about the quality of the glass the firm installed.

Erin Klug, the spokeswoman for the Arizona Department of Insurance, said she had a door-to-door sales agent ring her door bell not long ago, offering to replace her windshield.

"They didn't stay long," she said. "They couldn't even see my car, it was in the garage."

Windshield chips are a way of life in Arizona, where desert driving often takes a toll on auto glass. That makes the state a prime target for aggressive repair services.

"There is a very real problem with auto glass fraud in Arizona and elsewhere," said Klug. Door-to-door sales are a new flavor of the old problem, she said, but some firms have recently taken to aggressive telemarketing in Arizona, too.

In a particularly egregious version, Kluz said, consumers who've agreed to have their glass repaired by a disreputable firm are visited a week or two later by confederates and told the glass was installed incorrectly. They are then persuaded to allow a second replacement, giving the firm a second bite at an insurance claim on the same car.

It's nearly always a bad idea to pay for a service you weren't planning to buy when solicited by a "surprise" sales pitch, such as door-to-door roof repairs. Consumers should always research such purchases, and get a couple of competitive bids. If the sales pitch is at all tempting, get a business card, go home, do some research and call the firm tomorrow.

An area ripe for fraudBut high-pressure, on-the-spot sales firms are particularly attracted to auto glass repairs because insurance rules make things easy for them. In so-called "zero deductible" states -- Florida, Kentucky, Massachusetts and South Carolina -- insurance companies are required to pay the full cost of windshield repair for drivers holding comprehensive coverage. That enables instant repair sales firms to give a great pitch: "We can fix this for free! We'll even do all the paperwork."

Even in states where a deductible of $50 or $100 might apply, the profit margins on glass replacement are so high that firms can swallow that payment and still earn a hefty return. Craig Fairfield, a special agent for the National Insurance Crime Bureau in Washington state, said replacement glass can cost as little as $50 to $75, but insurance reimbursement is often $300 or more.

As a result, he said, door-to-door sales can be lucrative.

Last November, a company named Go To Inc. announced in a press release that it was expanding operations using that mode.

"Go To, Inc. follows a marketing model unlike most traditional auto glass companies," it said. "The company does not use conventional advertising; instead its marketing efforts consist of face-to-face meetings generated from visiting businesses in an area where a windshield replacement or repair has been scheduled."

Go To said it had a marketing partnership with a firm named Coast to Coast Auto Glass, one of the larger firms in the door-to-door sales space. Coast to Coast has been the target of numerous complaints online, and the firm currently has an F rating with the Florida Better Business Bureau.

Rhonda Jacobson, a spokeswoman for Coast to Coast, said the firm takes complaints seriously.

"At Coast to Coast Auto Glass, direct customer service and satisfaction is a priority," Jacobson wrote in an e-mail. "Any customer queries or complaints that come into our corporate offices/headquarters in Chandler, Ariz., are investigated and handled immediately. Unfortunately, there is often no way for Coast to Coast to respond to grievances that are posted anonymously online or to those that are never sent into our corporate offices. Specifically, with regards to local BBB complaints, Coast to Coast is in the process of contacting all local bureaus in the appropriate markets to ensure that they have the correct contact information."

Klug said high-pressure glass sales take many forms in Arizona. In some cases, drivers are approached at gas stations, with a seemingly helpful employee offering to wash the driver's windows, then discovering chips and offering replacement service. In many cases, the sales agent is an invited guest of the station owner, who might earn commissions for sales. Others are trespassers, she said.

While door-to-door glass repair outfits can be perfectly legitimate, Klug said consumers have a lot to fear from them. Improperly installed glass can pose a safety hazard. Unnecessary repairs -- many drivers complain these agents see defects that aren't there -- lead to unnecessary claims and raise insurance rates for everyone. And in one flavor of the scam, the repair firm asks the consumer to pay up front, promising full reimbursement from the insurance firm, which never comes.

And that's not all.

"There have been cases where people's insurance ID cards are stolen, and claims submitted, when there was no repair done at all," she said. In other cases, the firm merely plugs a small glass chip, but submits a bill for full replacement.

And there's another possibility drivers should fear: While glass repair claims generally don't cause rate increases, obviously an insurer will find a way to ding a driver who makes excessive claims. Allowing a firm to unnecessarily replace your windshield could come back to haunt you when you really need it done.

RED TAPE WRESTLING TIPSKlug said drivers who have windshield imperfections that interfere with driving should have their glass repaired as soon as possible. Drivers can pick any glass company they wish, but she strongly recommends making arrangements with the insurance company first.

"We encourage you to file a claim and make those arrangements first," she said.

Fairfield, the insurance crime bureau agent, said consumers should make sure to get and read documentation and warranty information from any glass repair firm before agreeing to have work done.

"The most important thing is to try to get something in writing from the vendor, have them explain the type of glass that is being used. Make sure it is OEM -- original equipment manufacturer -- glass so that it will be safe and hold up in event of accident," he said.

National Cat Fund a beach bailout

Insurance official: National cat fund a “beach house bailout”

By Zac Anderson, Herald-Tribune

/ Wednesday, November 28, 2012

ORLANDO
The head of a national insurance association slammed the idea of a federal catastrophe fund — once considered the ultimate solution to Florida’s property insurance woes by many state leaders — during opening remarks Wednesday at a meeting of state business leaders in Orlando.
Charles Chamness, president of the National Association of Mutual Insurance Companies, called the national catastrophe insurance program a “beach house bailout” and said his group would work to stop it from moving forward.
Hurricane Sandy’s aftermath may lead to a renewed push for more federal involvement in natural disaster insurance coverage, Chamness said at the Florida Chamber of Commerce’s annual “insurance summit,” adding that “we think it is unlikely that it will move ahead.”
Top Florida leaders ranging from former Gov. Jeb Bush to U.S. Sen. Bill Nelson and members of Congress have pushed for the creation of a national fund to help spread the risk of natural disasters beyond state borders. Legislation passed the U.S. House five years ago but failed to make it through the Senate.
Supporters of the Florida Hurricane Catastrophe Fund say it has helped hold down rates and is generally well capitalized with significant reserves, although questions have been raised about whether it can borrow enough to cover all claims after an extremely large storm.
But Chamness called it an “economically unsound gimmick.”
Instead, Florida can improve the state’s insurance market by focusing on stronger building codes, hurricane deductibles that limit what insurers have to pay after a disaster, shrinking state-run Citizens Property Insurance and spreading hurricane risk through the global reinsurance market, Chamness said.
Insurance industry insiders from across Florida are meeting here this week to discuss the future of Florida’s turbulent insurance market. Gov. Rick Scott and top state lawmakers are scheduled to address the group Friday.

You should know your flood risk to understand your insurance needs.

§  Floods can happen anywhere, at any time. Residents who live in and outside of a high-risk area should know their risk, and consider protection.  

§  Even if you live outside the high-risk zone, and are not required by law to purchase flood insurance, you are still at risk for flooding and should consider flood insurance. Flooding is not typically covered by homeowners insurance.

§  It is important to know that if you have a mortgage from a federally regulated or insured lender on a home located in a high-risk area, federal law requires you to purchase flood insurance. Also, if you’ve received a federal grant or loan for previous flood losses, you must have a flood policy to qualify for future aid.

The national flood insurance program helps reduce flood losses by providing affordable flood insurance to property owners.

§  As long as your community participates in the National Flood Insurance Program (NFIP), you are eligible to purchase flood insurance. Flood insurance is sold through private insurance companies and agents, and it is backed by the federal government. Unlike most standard homeowner’s policies, flood insurance covers losses to your property caused by flooding.

§  When you purchase a flood insurance policy, there’s typically a 30-day waiting period for coverage to become effective.  Don’t wait until a storm threatens your property.  It could be too late!  The exception to the 30-day wait rule is that if insurance is a requirement of a loan upon closing, the 30-day wait will be waived.

§  Flood insurance covers damage up to $250,000 for your building and up to $100,000 if you purchase contents coverage. Contents coverage is not automatically included in a standard flood policy. For businesses, flood insurance covers damage up to $500,000 for your building and up to $500,000 if you purchase contents coverage. Policies are available in three forms: Dwelling (homes and individual condominium units), General Property (other residential buildings (apartments, etc.) and businesses) and the Residential Condominium Building Association Policy Form (residential condominium buildings). Renters are also eligible to purchase a flood insurance policy.

§  For properties located in moderate-to-low risk flood zones, a low-cost Preferred Risk Policy can start as low as $129 a year for both building and contents coverage.

The National Flood Insurance Program provides federally backed flood insurance in exchange for local enforcement of sound floodplain management.

§  Nearly 21,000 communities throughout the United States and its territories voluntarily participate in the NFIP, representing about 95 percent of all properties in the nation’s SFHAs.

§  Sound floodplain management planning and regulations save taxpayers an estimated $1.1 billion each year in prevented flood damages.  Also, structures built to NFIP criteria experience 80 percent less damage than structures not built to such standards.

§  Creating stronger and safer communities reduces loss of life and property; enables individuals and localities to rapidly recover from future events; and lessens the financial impact on state, tribal, and local governments as well as the U.S. Treasury.

For more information in Florida

Call or email Matt Lehn

matt@floridaci.com

9416988876

Disabled Veterans Insurance Careers

Agents Creating At-Home Insurance Jobs for Disabled Veterans

For insurance agents Gary Trippe and Jim Pender, the idea for DVIC, or Disabled Veterans Insurance Careers, which aims to provide disabled veterans with employment in insurance, evolved in part from their own personal experiences dealing with disabled family members. The two have also been active in their communities for years on behalf of disabled children and their families.

“We initially started out thinking about hiring disabled people, and the genesis of that idea was that in the electronic age where we live, when you think about it, disabled people have some opportunities through those systems that they have never had before,” Pender told Insurance Journal.

“As we explored that, we were encouraged by friends from Chubb to concentrate on the military veterans and make sure that we got that piece right.”

That’s what they decided to do.
“[A]s we got more into dealing with the subject of these heroes and heroines who are coming back from Iraq and Afghanistan, the way we fight our wars today, we realize that there are thousands of them, and there’s a place for them in our industry, some of them. We think we can offer them meaningful careers, and if we can do a good job of that, we’re going to be a full buffet of issues before us,” said Pender, who is himself a Vietnam veteran.

Pender envisions a young person who is missing legs or arms or has another disability coming home to an uncertain future. “They might live to be 105 in today’s world through the state of medicine, the way it is. At age 20 or 26 or whatever, to not have a meaningful career path ahead of you is just unthinkable. We want to change that.”

If the agents’ dream comes true, disabled vets will be given the training and technology they need to work from home and insurance employers will be given access to a network of trained insurance sales and customer services reps through DVIC.

DVIC co-founders Pender and Trippe are both principals with BB&T-Oswald Trippe and Co., a leading independent insurance agency, which is based in Fort Myers, Florida.

Joining them in launching DVIC are other executives from Oswald-Trippe and people from Marsh & McLennan, Bankers Insurance, The Sullivan Group (California), Chubb, Rutherfoord, Marsh Berry, NetVU, Rough Notes Co., Knapp Consultants and Assurex, along with leaders from the military and the United Way.

While dozens of insurance companies are involved with veterans and disabled citizens in a variety of ways, Pender and Trippe believe their organization will be unique in its mission of creating meaningful employment for veterans in a virtual environment.

“We will enable those who have served and sacrificed for our country the ability to become trained and licensed in sales and support for participating insurance agencies across the country,” said Trippe. “We will also minimize or eliminate the burdens often associated with their physical challenges. One hundred percent of the work our people will train for can be accomplished with a telephone and a computer.”

Through the Veterans Administration and community organizations, DVIC will recruit disabled veterans who wish to participate in a 12-month online professional sales and customer service training. DVIC aims to use state-of-the-art training techniques and the latest technology in its efforts.

The group is working with an accredited university to offer insurance education and will work with other organizations and consultants to provide customized sales training and licensing. Training will focus on skills for sales support and cross-selling personal insurance products.

In addition, DVIC will work with agents, brokers and insurance companies to create employment opportunities for the veterans.

“We will contract with those agencies to cross-sell to their existing accounts, so that agency will be entering into an agreement with DVIC to outsource their selling of personal insurance products to existing clients of the agency. That’s the concept and the model that we plan to use,” said Trippe.

Both Pender and Trippe are well aware of the industry’s interest in finding ways to attract young talent and think this interest may contribute to DVIC’s success.

“[T]he disabled veterans that are coming back to the U.S. are mission-driven; they’re tech-savvy; they’re highly trained and mature beyond their years,” said Pender. “They might not have all the physical capabilities that are needed and they may not be able to get out of their house or whatever. However, all of what I just said is there, that’s what you’re looking for in a leader and a good worker. Our hope is that we someday will have some of them in the executive suites of the carriers or the agencies. I’m going to be very disappointed if we don’t.”

They expect to have their first recruits by the end of March.

To listen to Pender and Trippe explain the DVIC mission in their own words, click here.

More from P/C Insurance Mission: Military-Friendly Recruiting

Insurance Journal set out to learn more about how the insurance industry is turning to veterans as part of its strategy to win the talent war and how veterans are turning to the insurance industry for new careers.Insurance Journal asked several veterans who have transitioned to careers in the insurance industry to tell how they got into insurance, how their military training has been an advantage and how they made the transition into the private sector.

Insurance Journal is publishing stories from a veteran who is now a vice president of underwriting, former soldiers who are now members of a unique global crisis team and a Coast Guard veteran who is now a Main Street independent agent, along with a story about two agents and their dream of building a program to employ disabled veterans in virtual insurance jobs. Watch for:

• P/C Insurance Industry Enlisting Veterans in Talent War

• Aon’s Warriors Bring Military Values to Managing Risks

• Mission Accomplished: A Post-Military Job with a Purpose

• Veteran Gambled, Won in Starting Own North Carolina Agency
• Agents Creating At-Home Insurance Jobs for Disabled Veterans