Insurance Fraud By Insurers—Do Insurance Companies Live, Teach, and Promote a Culture of Ethical Good Faith? | Property Insurance Coverage Law Blog

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Insurance Fraud By Insurers—Do Insurance Companies Live, Teach, and Promote a Culture of Ethical Good Faith? | Property Insurance Coverage Law Blog


Do insurance coverage corporations help coaching for his or her claims adjusters and managers to advertise good religion and moral claims dealing with? Barry Zalma not too long ago said in his September 1st insurance coverage business e-newsletter, Zalma’s Insurance Fraud Letter, the next:

The insurance coverage business has been lower than efficient in coaching its personnel. Their workers, whether or not in claims, underwriting or gross sales, are hungry for training and coaching to enhance their work within the business.

If funds usually are not obtainable for coaching, distributors will be keen to help. Although distributors are normally prohibited from making items to the insurer’s workers, they could comply with donations to the insurer of academic supplies that can assist the staff enhance their skills for acknowledgement of the presentation.

I perceive that many insurance coverage claims personnel are dedicated to performing their duties ethically and search correct coaching to take action. However, they require their employers to take a position adequately of their skilled growth. Unfortunately, as Zalma factors out, many corporations are reluctant to make such investments.

For occasion, throughout a latest Windstorm Insurance Network board assembly, there was a dialogue about how insurance coverage corporations have considerably lowered coaching and training budgets for his or her property claims employees and managers. As a outcome, many insurance coverage business property claims adjusters need to bear your complete price of attending conferences from their very own pockets. Another living proof is a deposition I not too long ago took from a State Farm property claims supervisor. She shared the invaluable insights she gained from a three-month nationwide disaster coaching program in Jacksonville, Florida, supplied by State Farm. Regrettably, State Farm discontinued this program just a few years in the past as a cost-cutting measure.

It is not only Zalma and me who’re saying this. In Alice Young—Public Adjuster Spotlight, I requested Alice Young what her “deepest worries and fears” had been about the way forward for the adjusting business, and she or he mentioned:

I’ve a real worry and concern for owners due to the dearth of expertise in firm adjusters. The way forward for with the ability to modify, negotiate, and settle claims with insurance coverage firm adjusters who usually are not skilled, not skilled, and never invested of their job will not be one I stay up for. The turnover may be very excessive with insurance coverage firm adjusters. I worry that many insurance coverage firm adjusters now not consider that they’re in ‘the honorable profession’ prefer it was once. It makes it rather more tough to assist policyholders as a public adjuster when the individual from the insurance coverage firm will not be extremely skilled and motivated to correctly modify a declare.   

What occurs in an insurance coverage business the place the tradition of sincere and moral adjustment will not be skilled and anticipated in each interplay? Barry Zalma additionally wrote the next below a sub-title, Insurance Fraud By Insurers:1

Insurance fraud will not be restricted to fraud by insureds in opposition to their insurers or claimants defrauding people who find themselves insured. Much to the disgrace of the insurance coverage business, the reverse additionally occurs.

The poster youngster of fraud by an insurer was Martin Frankel who created a scheme he masterminded to ‘loot’ greater than $200 million from seven insurance coverage corporations that he managed….

Between June 29, 1999 and January 14, 2000, the insurance coverage corporations had been ordered into liquidation by the courts within the 4 states by which they had been domiciled. Martin Frankel, the person who allegedly managed a monetary empire that included the insurance coverage corporations, a securities buying and selling agency, a non-profit basis, and the Thunor Trust, was indicted in each state and federal courts for fraud, prison conversion, and for allegedly looting no less than $215 million from the belongings of the insurance coverage corporations.

Frankel’s scheme to defraud the insurance coverage corporations, these it insured, and its buyers started in 1991, lasted practically ten years, concerned the participation of dozens of co-conspirators, and in the end resulted within the insolvency of the Insurance Companies. Frankel was convicted of a number of crimes. Because Frankel’s enterprise was not restricted and in addition included market analysis, operating insurance coverage corporations, gathering knowledge regarding monetary markets, and conducting ‘special projects’ actions, all of which offered ample hyperlinks between the members of the enterprise which prolonged past the fee of the crime, brought on the defendant to be convicted and the conviction to be affirmed.

Doug Quinn from the American Policyholders Association (APA) has constantly voiced issues about insurer fraud in opposition to policyholders. He emphasizes the pressing want to handle and halt such practices. Given that many insurance coverage regulators look like inactive on this concern, Quinn has turned to the media, sharing whistleblower accounts of unethical or fraudulent habits by insurance coverage corporations of their claims processes:

The American Policyholder Association makes use of a four-step technique to guard shoppers from Insurer Fraud. A key a part of that technique is publicizing ways used to illegally underpay or deny respectable claims.

APA has obtained a number of complaints from Florida Policyholders within the wake of Hurricane Ian. In addition, a number of insurance coverage business insiders with proof of potential fraud have reached out to the APA Whistleblower program.

The American Policyholder Association has been working carefully with the State of Florida fraud investigators & additionally with a number of media retailers to handle these points. These media retailers embrace NBC, CBS, ABC, The Insurance Journal, Tampa Bay Times, and the world-renowned Washington Post. While many of those tales have been revealed and aired, the story is ongoing and there are a number of nationwide media retailers working carefully with the APA on News tales that can run within the coming months.

If of insurance coverage firm fraud and wrongful practices, the American Policyholder Association urges that you simply expose these and confidentially contact the APA at this hyperlink and report engineering fraud at this hyperlink.

I encourage others to subscribe to Barry Zalma’s e-newsletter at his web site: https://zalma.com/zalmas-insurance-fraud-letter-2/.

Thought For The Day

Integrity is selecting braveness over consolation; selecting what is correct over what’s enjoyable, quick, or straightforward; and selecting to follow our values slightly than merely professing them.

—Brené Brown   


1 Barry Zalma. Insurance Fraud by Insurers. Zalma’s Insurance Fraud Letter, Sept.1, 2023. Available on-line at https://zalma.com/blog/wp-content/uploads/2023/08/ZIFL-09-01-2023.pdf.

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