November 2016 Southeastern Edition

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Southeastern Sou utheastern Edition E d i t i on Ed Alabama Florida Georgia Mississippi N. Carolina

S. Carolina Tennessee Virginia West Virginia

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VOL. 7 ISSUE 9 NOVEMBER 2016

After Matthew, Insurance Claims Pour In and Some Policyholders Realize Hard Truth

Florida’s No-Fault Insurance Reforms Finally Appear to be Lowering Premiums as 2012 Reforms Kick-in

Homeowner and auto insurers are dealing with thousands of claims in the aftermath of Hurricane Matthew. And some policyholders are discovering—or

Only a dozen or so states have no fault auto insurance, down from twice that many in the 1970’s. Advocates say it simplifies and minimizes the invasiveness of insurance law, but it’s increasingly costly and problematic for most residents who are starting to see it as a form of double taxation. Most states use a tort system in which at-fault drivers in a crash are responsible for paying the other driver’s medical expenses. The at-fault driver must also pay for additional damages, such as loss of wages and “pain and suffering.” Michigan has the most comprehensive no-fault law and continues to tinker with the process, but states such as Colorado have dropped their nofault system and have seen a reduction in premiums of up to 35% or $322 per

by Robert McCabe, The Virginian Pilot

rediscovering—a hard truth: standard homeowners’ policies typically do not cover flood damage; that is, damage from rising water. While comprehensive auto insurance can cover flood damage, that’s not the case for homeowner’s coverage. Protection from flood damage to homes must be obtained separately through the National Flood Insurance Program, which is typically purchased through one’s existing homeowner’s insurer. State Farm, the largest inSee After Matthew, Page 6

OSHA Launches New Whistleblower Pilot Program

for a whistleblower’s case to move to the administrative law judge on an expedited basis, the following criteria must be met:

● The claim is filed under a statute that allows for the administrative law judge to newly review, or review de See OSHA Whistleblower, Page 25

P.O. BOX 1516, CARLSBAD, CA 92018

Meeting Criteria to Expedite In announcing the program, OSHA acknowledged that the investigation

process can be lengthy and therefore wants to facilitate complaints receiving a quicker determination, if possible, by electing to expedite. In order

Change Service Requested

OSHA has launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region, which covers California, Nevada, Arizona, Hawaii, American Samoa, the Northern Mariana Islands, and Guam. The new program allows a whistleblower who has filed a complaint to ask OSHA to stop its investigation and issue findings in an expedited fashion that can be reviewed by a Department of Labor (DOL) administrative law judge. Here is OSHA’s press release describing the program.

by Autobody News Staff

vehicle annually. In Georgia, where no-fault was repealed in 1991, premiums dropped 20% almost immediately. Florida drivers currently pay the nation’s fourth highest car insurance premiums. Florida’s no-fault law provides that after a vehicle accident an injured person’s own insurance company will provide coverage for medical expenses and lost income, no matter who was at fault for the accident. This works reasonably well for minor incidents and minimizes frivolous claims, and court claims in general. However, auto accidents involving major injuries or wrongful death are much more complex, and even simple accidents are prone to fraud and abuse, all the more so when staged to secure PIP benefits. Florida began no-fault in 1972 with a seemingly simple rationale. See No-Fault Insurance, Page 20

Mike Causey’s Campaign for NC Insurance Commissioner Gains Support from Collision Repairers

Since announcing his campaign to run against Wayne Goodwin, the Demofor North Carolina Insurance Com- crat incumbent Insurance Commismissioner, collision repair industry sioner of NC. According to Causey, “I veteran Mike Causey has spoken at a ran against the same wealthy lawyer/cavariety of venues across his reer politician four years ago. state, including several inIn 2012, I won the Republican dustry events. He attended primary and had little money the August and September against his $1.3 million cammeetings of the North Carpaign war chest, but still got olina Association of Collimore votes than he did on election day and won 55 of the sion and Autobody Repair 100 NC counties; however, I (NCACAR) to speak about Mike Causey lost the election in early votsome of the issues he’d like to tackle if elected, but he faces a huge ing numbers, being clobbered by the Obama success in the big cities. So challenge in combatting the influence close, but no cigar. Out of 4.3 million of big insurance companies. Causey stated, “It’s a classic David vs. Goliath votes, we came up short 30 votes per battle, but I am getting support from precinct (2709 precincts in NC)! In the body shops that want to see many ways, this year is similar to 2012 – insurance companies backing an inchange. If people pay attention to this cumbent ‘friend’ and showering him race and go vote, I will win!” with campaign donations, but in 2016, Causey, a Republican, is running for NC Insurance Commissioners See Mike Causey, Page 19

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