Loss Assessors Opinions

[loss adjusters]

A legislative bill aimed at driving down costs for insurance companies, and protecting homeowners from endless rate increases, on Tuesday advanced to a final reading in the state House of Representatives. But its passage would be largely symbolic because theres no companion bill up for consideration on the final day committees are scheduled to meet in the Senate. Barring an emergency measure, that guarantees no reform will be enacted for a fifth-straight year to address an issue the insurance industry says is responsible for widespread rate hikes over the past two years. Still, insurers say House passage would be a major step forward. So far, no claims-abuse reform bill has been adopted by the full chamber of either legislative branch. It would represent a pretty significant advance for this issue, said Michael Carlson, president of the Personal Insurance Federation of Florida. It would be the first time we would have a bill pass one chamber with a realistic attorney fee reform provision included. The bill, introduced by Rep. James Grant, R-Tampa, would limit plaintiffs attorneys ability to collect legal fees from insurers and lead, insurers say, to fewer costly lawsuits and reduced losses for them. Insurers contend lawsuits have skyrocketed because trial lawyers have discovered how to exploit a law intended to enable property owners to sue their insurer without fear of being forced to pay insurers legal costs if they lose. About a dozen law firms, mostly in South Florida, file public adjusters hundreds of suits each year on behalf after convincing property owners to sign over the right to claim policy benefits from insurers. The contractors submit inflated repair bills, then file suit when insurers deny or underpay them.

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During those years, Howard County assessed the property at $5.9 million, $5.6 million and $5.9 million, respectively. Kohls officials argue, with a differing interpretation of Indiana market value-in-use standard, that those figures should be $3.6 million, $3.8 million and $3.6 million, respectively. After the Howard County Property Tax Assessment Board of Appeals affirmed the original assessments, the Indiana Board of Tax Review ruled on Dec. 31, 2014, that Howard County over-assessed the Kohls property. The IBTR ruling was later affirmed on Sept. 7 by the Indiana Tax Court. As explained in court documents, the Kohls appraisers believe nine Midwestern big-box retail stores were appropriate comparables to use in valuing the subject property because...they were vacant at the time of the sale and thus their sales prices reflected the value of the real property alone. The real property value was described as not taking into consideration intangible values, such as tenant quality, that are often included in the sale of leased fees. However, the Indiana County Assessors Association, the Indiana Municipal Lawyers Association and Accelerate Indiana Municipalities, formerly known as the Indiana Association of Cities and Towns, have each filed a brief in support of the Supreme Courts review of the case. In fact, a study done by Policy Analytics, LLC, at the request of the Association of Indiana Counties and ICAA, showed the potential local property tax revenue impact that may occur if the 'dark sales' pricing methodology becomes the de jure methodology of property tax assessment for large and retail structures. Download PDF The study found that the dark sales assessment methodology could result in an assessed value reduction of 45 percent for affected parcels, including commercial supermarkets, industrial foundries and heavy manufacturing, commercial full line department stores and more. And based on the analysis, the company found that using such a methodology could, in a worst-case scenario, cause an assessed value reduction of nearly $3.5 billion. Additionally, the study found that the affected commercial and industrial property classes could experience roughly $120 million in savings each year.

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[insurance claims]

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