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February 06, 2012
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Commissioner Garamendi Responds To Judge’s Ruling On Insurance Industry Challenge To Emergency Homeowners Regulations

SACRAMENTO – “Today, a judge ruled that it is ok for the insurance industry to use a seriously flawed database to price and deny homeowner’s insurance to Californians. He said that I do not have the right to prohibit the industry from using these outrageous, abusive, unfair and discriminatory practices against California consumers.

I’m here to tell you that this judge’s decision is dead wrong.

As Insurance Commissioner, it is my job to protect the consumer. It is my duty to fight for the rights of consumers like Ken Pfeffer of Carlsbad. This 71-year-old homeowner was “blacklisted” after his wife Patricia simply called to ask State Farm a question about their coverage. The end result is that State Farm didn’t pay a dime for anything, but it did raise the Pfeffer’s insurance deductible from $1,000 to $5,000 because of this one inquiry. Folks, that is simply wrong.

Rachelle Goldberg, who lives in San Diego, faced a similar problem when she asked her insurance company if a broken plate would be covered under her policy. She didn’t file a claim, but her insurer non-renewed her after this question showed up on an electronic database as a claim.

The same kind of thing is happening all over the state. I have worked diligently to ensure that the industry stops these heinous practices, but every time I try to do my job I get sued. The industry knows this database, called CLUE, (Comprehensive Loss Underwriting Exchange) can contain totally inaccurate information. But for some reason, they don’t want to take the time to verify its accuracy. Instead, they let people like Ken Pfeffer and Rachelle Goldberg suffer. It’s time for this to stop.


The emergency regulations the judge overruled today were specifically designed to prevent the industry from arbitrarily canceling and non-renewing insurance policies. The regulations would have required insurers to verify the information they get from databases is accurate, and that it has some connection to the risk of future claims.

Well, no surprise, the insurers want to block me from doing what the voters of California elected me to do. They won this round today, but I’m here to tell you this is not the end of the story. I am going to appeal this decision to a higher court, and I will call for legislation to enact laws that provide consumers with these much needed protections.

It is clear the insurance industry does not have the best interests of the California consumer in mind. Well, I do. And I’m going to make sure that this abuse and discrimination is not allowed to continue."

 

 

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Did You Know?    
 
 
A Rehabilitation mortgage is a mortgage that covers the costs of repairing or improving
Rehabilitation mortgage is a mortgage that covers the costs of rehabilitating (repairing or Improving) a property; some rehabilitation mortgages - like the FHA's 203(k) - allow a borrower to roll the costs of rehabilitation and home purchase into one mortgage loan.

 


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Real Estate Terms

 


Today's Terms

Lease purchase

Definition:
Assists low- to moderate-income homebuyers in purchasing a home by allowing them to lease a home with an option to buy; the rent payment is made up of the monthly rental payment plus an additional amount that is credited to an account for use as a down payment.

Closing

Definition:
Also known as settlement, this is the time at which the property is formally sold and transferred from the seller to the buyer; it is at this time that the borrower takes on the loan obligation, pays all closing costs, and receives title from the seller.

Federally Assisted Projects

Definition:
A federally assisted project is one which receives Federal reimbursement or payment of some project expenses such as planning, construction, right-of-way acquisition, and property management.

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Topics Related to Real Estate Law:

  • Commercial Real Estate
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Kansas Real Estate Attorney

 
If you live in the following cities and need an real estate attorney you should contact our Real Estate Attorney as soon as possible:

  • Derby
  • Dodge City
  • Emporia
  • Garden City
  • Hays
  • Hutchinson
  • Junction City
  • Kansas City
  • Lawrence
  • Leavenworth
  • Lenexa
  • Liberal
  • Manhattan
  • Newton
  • Olathe
  • Overland Park
  • Pittsburg
  • Prairie Village
  • Salina
  • Shawnee
  • Topeka
  • Wichita
 


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