People Need to Check with Their Department of Insurance

  1. Many states do not approve policies. In , which is a “File & Use State”, all an insurer has to do is to file their new policy and 45 days later they can start using it, whether or not anyone at the Dept of Ins. even opened the envelope it came it.
  2. The good thing in Missouri is though is that they have a “” (essentially the New York 165 Line Standard Policy) and the Dept of Ins. (although not doing a good job) is not supposed to allow any insurer to issue a policy which “is not as beneficial to the insured as the Standard Policy.”
  3. You need to check with your State and see if they have such a . If they do, you need to beat on them to force the removal of this clause as it is not as beneficial to the insured as the State’s Standard Policy.
  4. If your State has such a Policy, you might also want to check if all of the insurers in the State have illegally changed the “” downgrading the insured’s right to demand an appraisal to the insured having to get the insurer’s permission. , “If the insurer and insured fail to agree on the amount of loss, either party may demand an appraisal…”. New Ins. Co. language, “If the insurer and insured disagree on the amount of loss, the two parties can agree to go to an appraisal…” This means the insured needs the insurer’s permission or agreement to go to appraisal and has lost the right to demand one. It also allows an insurer to postpone or refuse to go to appraisal by refusing to respond to an insured’s claim, stating that, “we don’t have a disagreement yet, we are still evaluating your claim”. They then evaluate your claim until you are dead. I got the to strike down this language in 1995 and require insurers to go back to the previously accepted Appraisal Clause. 

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