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Major factors influencing Florida's property insurance woes has to do with the cost of handling claims and the cost of insuring properties. But this factor isn’t as simple as you may have heard. It involves many parties and many variables. In this blog I want to touch on an example of things that have led to Florida’s property insurance woes.
Third Party Administrators (TPAs):
TPAs are just one part of the insurance industry. They provide administrative expertise for Insurers trying to keep operational costs low. Their roles vary state to state and Insurer to Insurer, but there’s one role that has grown over my 30+ years in this industry: Claims administration.
When I first began in this industry, the common practice was for the Insurer to send an adjuster to the claim-site; the adjuster would perform a preliminary determination of damages, obtain experts for further assessments as necessary, generate an estimate for repairs, authorize contractors’ estimates, make decisions on coverage, and issue payments to Insureds. Over the years, adjusters have been replaced with desk adjusters (i.e., people who manage the claim from a distance), most of whom don’t directly work for the Insurer. These persons work for a company called a TPA.
The TPA will establish a system whereby contractors must qualify to work for the TPA (usually involving the TPA’s terms of service and payment, communication, insurance, and pricing) and, upon receipt of a claim by the Insurer, contact those contractors in their network to perform the work as per their agreement. While this system has helped reduce some of the conflict of interest practices between insurance adjusters and contractors, they’ve inflated the cost of claims and, in many cases, compromised the quality of the work performed on claims. That said, not all TPA personnel do poor work. For every one TPA personnel that I’ve come into contact with that has performed poorly, there’s another who does a good job. The issue with the system is that (1) it fails to comply with industry based knowledge or federal, state, and local regulations, statutes, and ordinances, replacing them, instead, with the contract between the TPA and contractor’s corporate office, (2) the focus of the TPA’s organization is profit and loss for the Insurer without regard to advertised claims handling procedures, (3) the cost of the project is inflated by TPA fees, and (4) there are, often, delays in the start of the claim and the authorization of the contractor’s work because everything has to be assigned to and then filtered through the TPA. I’ll illuminate the first three of these:
1.) Insurance policies are contracts between an Insurer and the Policy Holder. It lays out things like what coverages the Insurer will provide the Policy Holder under what circumstances and limitations, as well as the responsibilities of the Policy Holder if he/she ever has property damage, and other pertinent information. When a claim is filed, the TPA’s desk adjuster will continuously review data as it comes in to determine if the Insurer is responsible to cover damages and fees for restoration as per the insurance policy. That’s understandable.
When a restoration or remediation technician or Indoor Environmental Professional (IEP) goes to the claim-site, they aren’t dictated by the policy the same way the Insurer is. They are bound by other federal, state, and local regulations, statutes, and ordinances, codes of conduct, industry-based knowledge, etc.; because, you see, (1) the policy isn’t a contract that these contractors have entered into with the Policy Holder and (2) the Insurer and contractor are regulated by different governing bodies, regulations, statutes, and ordinances.
So, when a TPA or other insurance-based third-party management service or adjuster, attempts to regulate the contractors on a claim via the policy alone – and the contractors agree to be regulated as such – the applicable work is usually missing during the claims handling/processing. Here’s an example of what I’m talking about:
John Doe Restoration has written an estimate for mold remediation. Because OSHA requires workers utilize engineering controls (e.g., containment and air filtration devices (AFDs)) and wear Personal Protective Equipment (PPE), John Doe Restoration has written an estimate that includes those things. The TPA, however, informs John Doe Restoration that they don’t pay for those things; that the restoration company will either have to absorb the cost of those things or not erect the containment, install the AFDs, or wear the PPE. Of course, if John Doe Restoration agrees to perform the work as per the TPA’s instructions, they will not only be in jeopardy of harming their own employees, subcontractors, etc. but other building occupants as well. This increased risk is a form of inflated cost that may manifest in occupant illnesses, lawsuits, citations, and other unwanted conditions.
2.) In Florida we see a lot of insurance carriers (hereafter referred to as Carriers) advertise that they handle claims as per the Institute of Inspection, Cleaning, and Restoration Certification’s (IICRC) standards; then, when the assessment or contractor generates a protocol or writes an estimate for remediation, the Carrier’s TPA will deny claims (as I exemplified a moment ago). This is a form of fraud: Advertising one thing; providing another. Of course, there are situations where contractors and assessor perform poorly, providing the TPA terrible information and recommendations (see the previous blog on that subject), but the TPAs aren’t exempt from fault in every case.
Additionally, the TPA analysis of profit and loss is mathematically based on income verses claims’ cost. Very little in the form of inflation, upgraded regulations and standards, and other pertinent information is included in the on-going review of claims handling/processing organization. As a business owner, myself, I can tell you all variables have to be analyzed before organizing a business for success. Success isn’t just measured in how much money is brought in over and above the cost of doing business, it is measured in customer satisfaction and on-going relevance in the marketplace. The TPA economists don’t look at branding impact (e.g., Florida’s Citizens Insurance has one of the poorest customer service ratings of all insurance providers in the country) or relevancy. Thus, another issue that leads to (1) increased premiums, (2) increased policy exclusions, (3) costly requirements of homeowners and business owners to renovate their buildings to keep their property insurance, (4) and other unwanted outcomes.
3.) TPAs charge contractors on every claim a percentage of the service estimate approved. (This is often called a network referral fee.) Not only does this impact the contractor’s estimating projects, but it impacts how much money is applied to the Insured’s claim. Here’s a real example: One TPA charges contractors 5.5% network referral fee plus another $9.95 assignment fee on each invoice. Let’s look at how that plays out for the Insured:
Let’s say you have a $10,000 estimate for repairs.
5.5% is $550.00, which leaves us $9,450.
Subtract the assignment fee and you’re left with $9,440.05.
So, now, in addition to having to cover your deductible, you’re having to make up the $559.95 difference to the TPA in order to cover the actual cost of the claim. And this doesn’t include all of the software fees, administrative fees, annual renewal fees, and other expenses that have to be made up by the Insurer and contractor before money can be applied to your claim or may be applied to the annual policy costs.
Solving Florida’s insurance woes goes beyond just the advertised “bad players” and includes some who weren’t identified or addressed in the recent legislation. And that’s why I started this series. If we’re going to honestly address the issues plaguing Florida, we must be honest about who is being impacted, how they’re being impacted, and what the causal factors are for those negative impacts. While there's more to it than these three installments have covered, this should suffice to prove that there are many issues that need to be addressed to solve our insurance woes in Florida. Not to be too repetitive (but I can't help but reflect on what got Cyndie and me started with Gulf Coast Center for Indoor Air Quality Services), the issues that we've discussed - all the fraud and abuse - are why Cyndie and I organized Gulf Coast Center for Indoor Air Quality Services the way that we did. We don’t sign onto contracts that may compromise our ability to provide honest, scientific analysis or limit our ability to report our findings; we adhere to the AIHA and ACAC code of ethics; and, we have a strict no conflict of interest policy that will not be ignored by employees or infringed upon by outside parties. We did this to provide Floridians a source for reliable, honest, scientific assessment and consultation services – because that’s what every one of us in this great State deserves, whether Insurer or Insured or contractor, etc. If you have questions about how we can serve you, contact us for a no-obligation review of your circumstances.
If you’d like to share your insurance experience(s), write to me at jason@gulfcoastiaq.com. Have a blessed day.
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