On Thursday, the Alabama Department of Corrections reached an agreement with the Department of Justice to protect inmates at Julia Tutwiler Prison from sexual assault and abuse.The agreement calls for a full-time monitor, and the federal court will retain jurisdiction to enforce the terms of the agreement.
This past week, the Alabama Legislature passed bills to provide for the continued operations of educational and non-educational functions of government and to assist local governments in functioning with autonomy and efficiency.
Governor Robert Bentley and the Alabama Department of Commerce released a report that shows there were 392 projects in 2014 for a total of 18,137 jobs and investments of $3.37 billion. According to the report, Madison County lead the state in job creation with 3,418 new jobs. Other top job producing counties include Jefferson (1,929), Tuscaloosa (1,264), Lee (755) and Cullman (704). Top counties for investment were Lee ($482 million), Escambia ($376 million), Madison ($321 million), Jefferson ($189 million) and Mobile ($168 million).
This past week, the Alabama Legislature passed bills to assist local communities in addressing their needs, to further address improvements in education, and to assist local communities during the electoral process.
By: Holly K. Soffer, Esq., General Counsel, AAPIA
Alabama is poised to license public insurance adjusters, and the legislature can’t act too quickly. Extreme weather has been plaguing many parts of the country, and home and business owners are often left feeling helpless and alone in the aftermath of these severe storms or after any type of property damage.
Public insurance adjusters are licensed in almost every state in the country as advocates for home or business owners who have suffered property damage; they are on the ground every day fighting for policyholders and have seen the heartbreaking damage that storms can cause as well as the problems that people face after such an event. Unfortunately, the claims process can be long and difficult, and the homeowner must navigate many obstacles to recovery. Public insurance adjusters help policy holders, both commercial and residential, through this complex process.
Why are public insurance adjusters needed by homeowners? And how can the homeowners be made whole if they have to pay a public insurance adjuster a portion of the recovery? The answers to these often asked questions are simple.
After suffering a loss, most people do not have the time and/or expertise to properly evaluate their insurance coverage or to estimate the actual damage and effectively negotiate with the insurance company adjuster who does have such expertise. A policyholder must rely on the insurance company to evaluate the extent of the loss, determine coverage, and provide a prompt and fair financial settlement. The interests of the insurance company in this process are directly opposed to the policyholder, yet the policyholder must rely on the insurance company to perform these services. Most insurance company adjusters act with professionalism and treat the policyholder fairly, yet, the homeowner is still at a great disadvantage. The insurance company adjuster is not an advocate for the homeowner, but is a paid employee of the insurance company, or a third party who has been hired for the purpose of adjusting the claim on behalf of and for the benefit of the insurance company, and will put the interests of the insurance company ahead of the consumer. This inequality leads to the undervaluing of claims.
Historically, in Alabama, attorneys have stepped in to help negotiate for those who have suffered property damage, but attorneys aren’t always a cost-effective solution for a homeowner. According to the 2015 Insurance Information Fact Book published by the Insurance Information Institute, the average-sized homeowners’ claim nationally from 2008-2012 was $8,384. As a result, the victim of the “average” claim is not often able to hire an attorney for representation, due to the prohibitive cost of paying the attorney on an hourly basis or finding an attorney to charge a contingent fee on a small claim. Licensed public insurance adjusters provide the necessary, yet cost- effective, expert help these people need to fairly adjust these property damage claims.
A few years ago, the state of Florida conducted a study and found that homeowners who used public insurance adjusters on non-catastrophic claims received, on average, a 574-percent higher settlement amount than homeowners who did not use a public insurance adjuster (OPPAGA Report No. 10-06, p.8). These results indicate that the homeowner receives greater value even when having to pay the public adjuster’s fee from the recovery. Therefore, instead of asking how the homeowner can be made whole when using the services of a public insurance adjuster, the question should be whether the homeowner can be made whole without the services of a public insurance adjuster. Empirical evidence suggests that the answer is usually “No.”
By enacting legislation to allow for the licensing of public insurance adjusters, Alabama will be doing a great service to its property owners, both residential and commercial. For more information of the value of a public insurance adjuster, please click here and scroll down to the video “The Value of Hiring a Public Insurance Adjuster” to view an interview with Gene Veno, president of the American Association of Public Insurance Adjusters.
Hundreds of people rallied at the State House in support of mental health services. The rally took place on Wednesday, after the House leadership pulled all the budget bills that will generate revenue from being voted on. The governor is predicting that more than 24,000 people will lose some or all of the services they receive and more than 1,000 mental health workers will lose their jobs. The cut in state dollars will result in the loss of $64 million in federal dollars because the of the agency’s inability to generate the state match.
This past week, the Alabama Legislature passed bills to protect children from labor law abuse and proposed measures to address the state’s revenue woes and the state’s prisons problems.
The House Republican Caucus in the Alabama House of Representatives proposed raising taxes on cigarettes, car titles and car rentals as part of a plan to fix the state budget. The overall plan calls for $200 million in revenue increases and cost reductions. Senate President Pro Tem Del Marsh has proposed a lottery and expanded gaming at the state’s four greyhound tracks. Twenty-two members of the house Republican caucus introduced legislation to make it illegal for a gambling interest, or a person acting on behalf of a gambling interest, to make campaign contributions to a person running for elective office.
This past week, the Alabama Legislature passed bills to continue a number of state boards and commissions, to assist local government in functioning efficiently. Also, plans for possible expansion and regulation of gaming in the state were discussed.
Last week, it was revealed that the Poarch Creek tribal leaders approached state officials regarding a state bail-out to address the budget shortfall in exchange for a compact that would give the tribe exclusive gaming rights. The proposed compact would also require the tribe to pay the state a percentage of earnings each year. A study by Auburn University Montgomery researchers projects the effects of allowing full casino gaming at existing dog racing tracks could generate $400 million and create 11,000 new jobs. Members of the Senate received a copy of a draft bill relating to a state lottery and gaming regulations prior to adjournment on Thursday. See the full proposal below.
