The Monson Law Firm attended the North Shore Chapter of Professional Insurance Agents of Louisiana’s August breakfast meeting at NOLA Southern Grill in Slidell. Our guest speaker was Senator Sharon Hewitt, State of Louisiana District 1. Senator Hewitt gave us a synopsis of the recent State Legislative Session. Picture are Matthew Monson, Esq. and Senator Sharon Hewitt. Click here to view pictures!
In a case of first impression for Louisiana, The Monson Law Firm was successful on behalf of Americas Insurance Company in compelling an AOB contractor to sit for an examination under oath (“EUO”) and participate in the appraisal process. In the case of Stacy Morgan and A-Plus Contractors, LLC vs. Americas Insurance Company, currently pending in the United States District Court for the Eastern District of Louisiana, the Honorable Jane Triche Milazzo issued an order on July 6, 2017 granting The Monson Law Firm’s Motion to Compel Examination Under Oath and Appraisal and Stay Litigation Pending Appraisal. The Motion was written by The Monson Law Firm attorney Blake Lusk and argued by attorney Laura Harris Abel. Judge Milazzo’s decision correctly states as follows:
Indeed, under Louisiana law, an “assignee ‘steps into the shoes’ of the assignor and acquires only those rights possessed by the assignor at the time of the assignment.” Accordingly, Plaintiffs must comply with the terms and conditions of the policy, including the appraisal provision.
Just as important, in reference to Americas’ demands that plaintiffs comply with the terms and conditions of the policy, Judge Milazzo could not be more clear when she wrote:
This does not constitute bad faith.
A copy of Judge Milazzo’s decision can be found here. This decision is significant as courts in other states have denied insurers their right to take an EUO of AOB contractors. The Monson Law Firm is on the front lines of the battle to end Assignments of Benefits abuse. To see how The Monson Law Firm created the solution to ending AOB in Louisiana, please click here.
#AOBAnnihilated
The abuse of Assignments of Benefits (“AOB”) in first-party property insurance claims has been well documented. The Consumer Protection Coalition, formed to raise awareness of AOB abuse, reports Florida AOB lawsuits have increased 90,000 percent since 2000. Michael Carlson, executive director of the Personal Insurance Federation of Florida (PIFF), said “highly litigious” groups of trial firms as well as certain types of contractors have been taking advantage of the AOB provision in homeowners insurance policies. In many cases, contractors are inflating the cost of repair work and suing insurance companies if a claim is denied or not paid in full.
Recognizing the threat that AOB abuse poses to the insureds of Louisiana, The Monson Law Firm attorney Matthew Monson set out to end this problem. His research revealed that the easiest way to protect policyholders from predatory AOB practices and keep control of the claim in the hands of the insured is by improving the language of property policies. The Louisiana Supreme Court addressed this issue in In re Katrina Canal Breaches Litig., holding “that parties may contract to prohibit post-loss assignments, [but also held that] the contract language must clearly and unambiguously express that the non-assignment clause applies to post-loss assignments.” 2010-1823 (La. 5/10/11), 63 So. 3d 955, 963. More specifically, the Court held as follows:
“Post-loss assignment of claims arising under the policy is not equivalent to the assignment of the policy itself, or an interest in the policy. Given the categorical difference, we find it incumbent on insurers to include clear and unambiguous language in their policies. We do not find it necessary to formulate a test consisting of specific terms or words, however the insurer must include language making it clear and explicit that post-loss assignments are prohibited under the policy.” (emphasis added). This case can be accessed here.
According to this language, we recognized that the Louisiana Supreme Court provided a clear roadmap to addressing the issue of abuse of AOB – by including specific policy language that restricts post-loss Assignments of Benefits. Thus, Matthew Monson drafted two possible clauses to add to the Assignment section of a property policy for presentation to the Louisiana Department of Insurance to protect Louisiana insureds. These clauses are as follows:
Post-loss assignment of rights, benefits or claims arising under this policy are prohibited.
Post-loss assignment of rights, benefits or claims arising under this policy will not be valid unless we give our written consent.
Lighthouse Property Insurance Corporation was the first insurer nationwide to receive approval to include this language in its policies. Since then, multiple insurers have also incorporated this language into their policies. The Monson Law Firm would like to thank Louisiana Insurance Commissioner Jim Donelon and his team for their foresight in tackling this growing problem that threatens insureds in all states.
The Monson Law Firm also calls upon every state insurance regulatory body to take similar action to protect their policyholders.
#AOBAnnihilated
The Monson Law Firm attended the Professional Insurance Agents of Lousiana’s Channel Surfing Exhibit Hall in Galveston, Texas at the Moody Gardens Convention Center. Pictured are Vanna White (Ann’Lee Earles with The Monson Law Firm) and Pat Sajak (Graham Inman with Edward Jones Investments). Click here to view pictures!
Our Marketing Director Ann’Lee Earles, CISR, CPIA attended the UPC Insurance reception at the PIA Convention in Galveston, Texas. Pictured is the UPC team dressed as Gilligan’s Island Cast: Eva and John Forney, Margaret Miller and Shay Robinson! Click here to view pictures!
Louisiana Comp. Blog interviewed Matthew D. Monson, Esq. for its July 12, 2017 article regarding the recent Louisiana Supreme Court decision of Clavier v. Coburn Supply. At issue in Clavier was whether an employer is responsible for paying for a Functional Capacity Evaluation (“FCE”) performed by a medical provider chosen by the worker. Mr. Monson, agreeing with the Supreme Court, was quoted in the article that “employers aren’t responsible for funding the prosecution of the claim.” To read the article, click here. To see a copy of the decision, click here.
We are looking forward to seeing you at the PIA of Louisiana Convention in Galveston, Texas this weekend! Remember, The Monson Law Firm is the KEY to all of your legal needs. Click here to view pictures!
Happy National Hot Dog Day from The Monson Law Firm! Whether they are grilled, boiled, broiled, pan-fried, rotisserie cooked, cooked on a stick over a campfire or any other way, hot dogs are a favorite summertime staple. They are loved by children and adults alike plain or garnished with one or a combination of mustard, ketchup, onions, mayonnaise, relish, cheese, bacon, chili, or sauerkraut. What’s your favorite hot dog combo? Click here to view pictures!
The Monson Law Firm attended the New Orleans Chapter of Professional Insurance Agent’s July lunch meeting at Impastato’s in Metairie. We enjoyed hearing President and CEO of the New Orleans Tourism Marketing Corporation and Stadium Announcer for the New Orleans Saints, Mark Romig, speak about all the upcoming plans for NOLA tourism this coming year! Pictured are Alicia Stanley with Markel and Matthew Monson, Esq. Pictured below are Rachel Salter with Southern Fidelity Insurance, Allison Salter with AFCO and Ann’Lee Earles, CISR, CPIA with The Monson Law Firm. Click here to view pictures!
The Monson Law Firm is celebrating National Graham Cracker Day! The graham cracker was originally invented as a “health food” as part of the “Graham Diet”. Developed by Presbyterian minister, Sylvester Graham in the early 1800s, graham crackers were originally made from whole-wheat graham flour with added bran and wheat germs. The minister believed this snack would curb a variety of sinful cravings. Modern graham crackers are made with bleached white flour and come in a variety of flavors including honey, cinnamon and chocolate. While a delicious snack on their own, they are also terrific ingredients for desserts. Crushed graham crackers blended with butter and pressed into pie tins or springform pans make excellent crusts when lightly toasted. One of the most popular treats made with graham crackers is the S’more. What’s your favorite dessert to make with Graham Crackers? Click here to view pictures!
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The Monson Law Firm would like to wish everyone a Happy 4th of July! Click here to view pictures!
Happy Social Media Day from The Monson Law Firm! In its short life, social media has redefined how people interact, communicate and share with family, friends and the world. Click here to view pictures!
The Monson Law Firm would like to recognize National Insurance Awareness Day which is observed each year on June 28. This day was created as a day to review your insurance coverage. Insurance offers security, covering loved ones and recovering losses in the event of damage, illness or death. Don’t forget to take some time today to look over your insurance policies! Click here to view pictures!
Happy National Sunglasses Day from The Monson Law Firm! Wearing sunglasses is more than just a fashion statement, they help protect you against the dangers of UV exposure. Click here to view pictures!
The Monson Law Firm attended the Baton Rouge Chapter of Professional Insurance Agents June lunch meeting at Oak Lodge. Our Marketing Director Ann’Lee Earles, CISR, CPIA is pictured with guest speaker, Mayor- President Sharon Weston Broome of Baton Rouge. Click here to view pictures!
Chef Matthew Monson, Esq. was a guest speaker at the Louisiana Claims Association’s Conference and Expo. He taught a one hour Continuing Education class on the topic of “Ending Assignment of Benefits Abuse”. Click here to view pictures!
The Monson Law Firm attended the North Shore Chapter of Professional Insurance Agent’s June lunch meeting at Keith Young’s Steakhouse in Madisonville. Our marketing director, Ann’Lee Earles is pictured with today’s guest speaker Deepack Menon with UPC Insurance! Click here to view pictures!
The Monson Law Firm attended the New Orleans Claims Association’s Annual Crawfish Boil at the Rivershack Tavern. Pictured left are Ann’Lee Earles, CISR, CPIA, Christina Karagiannis with CoreCare Management and Matthew Monson, Esq. Pictured right are Zack Klein with Guarantee Restoration, Eddie Rushing with E. Jacob Construction and Lauren Baudot, Esq. with The Monson Law Firm. Click here to view pictures!
The Monson Law Firm attended the Northshore Claims Association’s May lunch meeting at the Tap Room in Covington. We would like to congratulate all the newly elected board members for the 2017-2018 year! Pictured are Matthew Monson, Esq. LCA State Board Member, Erin Belk President of the NSCA with Lighthouse and Darryn Melerine, LCA State Board Member with MD Claims Group. Click here to view pictures!
The Monson Law Firm attended the Blue Goose Annual Installation meeting at the Southern Yacht Club in New Orleans. Congrats to all the newly elected board members! Pictured top are Jennifer Engle with MDD, Nanette Giraud with Robert L. Giraud Agency, Pat Fisher with Fisher Consulting and Engineering, Scott Scariano with Quick Forensics and Jeff Rhodes with Burns and Wilcox. Pictured below are Baylie Babin with Imperial PFS, Ann’Lee Earles, CISR, CPIA and Brittany Stoudt with Emergency Restoration. Click here to view pictures!
