2011-12 Homeowner Bill of Rights
Jan 2012 Update:
For the 2012 Session Commissioner Chaney and Rep. Bennett wil file the "Burden of Proof" Legislation. House Insurance Committee Chairman Rep. Chism returned my call and we had a nice discussion about the bill. He voted against the bill last session in the House vote, but I got the feeling he is open to reconsider the bill or at best, give us a vote. I made my case about how adopting the court rulings as a "point of law" it would prevent insurance companies from challanging the courts ruling after each disaster and cause homeowners to be caught in the middle and have their claims not paid or fairly evaluated.
Rep. Bennett Sen. Carmichael Rep. Chism
Senate Insurance Chairman House Insurance Chairman
October 2011:
Update: We have gained the support of several key candidates for the 2011 elections. Click HERE to read official statements.
Jan 2011 Update:
Rep Jones has filed our Homeowners Rights legislation for us this session. Click here to read bill. Below are comments he made in the Sun Herald.
(Update) HB203 has passed out of committee and passed the House 89-26. Several coast lawmakers voted against the bill. Click HERE to see how they voted. Now the fight will be in the Senate.
View recent news story on HB203 Here in the Sun Herald:
“One I have is the one that has in the past been called the Insurance Policyholders Bill of Rights,” Jones said. “It’s a stripped-down version of legislation going back to the session immediately following Katrina …. After many of us have worked on it for several sessions, now it primarily is a clarification of burden of proof.… When a company writes a policy, they have a list of exclusions. Whenever a claim is denied, they typically cite one or two of these exclusions. This bill says if the companies refuse to pay, they have the burden of showing that was actually what happened. That may sound basic to most people, and the (federal) 5th Circuit and Mississippi Supreme Court have ruled that way, but it has still been heavily litigated, and costs people a lot of money in legal fees, when it should be a settled point of law. … Who else but an insurance company should explain why they are not paying on a claim?”
The 2010 Legislative Session saw some success with HB563 passing the House 107-7. However the bill was not allowed a vote in the Senate and died. Click here to see who is against us. Please take time to call and email the Senate Committee Insurance Members and ask them support giving us a vote on homeowner insurance rights.
Senate Committee Members
dkirby@senate.ms.gov, tbrown@senate.ms.gov, bdearing@senate.ms.gov, jhorhn@senate.ms.gov, kjones@senate.ms.gov, tking@senate.ms.gov, mwatson@senate.ms.gov, lyancey@seante.ms.gov, bclarke@senate.ms.gov, bturner@seante.ms.gov, bhews@senate.ms.gov, ddwakins@senate.ms.gov,
Commissioner Chaney; mike.chaney@mid.state.ms.us
Moving Mountains story.......click here
Insurance reforms dead story.....click here
Update 2-28-2009
I have filed a lawsuit against MID to report the homeowners claims information under MDOI 83-1 Regulation. To read the suit click HERE.
Chaney's attorney made a late filing to have the case moved to Hinds County. My new court date is Aug 31st. Guess they did not like their chances in Harrison County where the hurricane hit the hardest.
12-14-2009
Chaney's was successful in getting the case dismissed before a judgement was made, so we have appealed to the Supreme Court. United Policy Holders Organization has covered the court fee and Edward Gibson of Bay St. Louis is filing the appeal. We should win the appeal because a "geniun material of fact of dispute" was established in the hearing. My sense is Chaney does not want to disclose the information in the Conduct Exam files because he knows it would cause a public out-cry. Click Here to view the hearing transcripts.
3-3-2010:
Our arguments have been filed in the Supreme Court for the Case against Chaney. We are waiting for a hearing date.
6-29-2010
Interview with bettermsreport.com.....click Here
11-6-2010:
Update. The Supreme Court upheld the dismissal of my FOI Case. I was especially disappointed that they did not address the mis-use of Conduct Exam records by Former Commissioner George Dale. They acknowledged Commissioner Chaney has the authority to release the information in the 43,000 files MID requested, but I would not expect that to happen. This was setback, but I will fight on. I will continiue to try and convince Lt. Gov. Phil Bryant and Senator Hewes this legislation deserve a vote in the Senate.
