We
are located in the Maryland Office of the Attorney General.
Latest News from the People's Insurance Counsel Division:
State Farm's Refusal To Pay To Replace A Collapsed Carport Is Upheld By The Maryland Insurance Administration
In a surprising decision by the Maryland Insurance Administration (MIA), a homeowners policy issued by the State Farm Fire and Casualty Company to a Maryland resident did not cover their free standing permanent carport when it collapsed in 2010 due to a heavy snow storm. The carport owners complained to the MIA when State Farm refused to pay on the carport claim because the insurer claimed the carport was not a "building" and collapse coverage was only provided to insured buildings. The terms "building" and "other structure" are both used in the State Farm policy, but neither term is defined. According to State Farm, a "building "has a roof and at least three walls so a carport was not a building. The MIA upheld State Farm's interpretation of what constitutes a "building" and ruled against the insurance consumer.
If you own a carport or any other structure on your property without walls (i.e., play sets, gazebos, swimming pools, etc.) and especially if you have State Farm homeowner's insurance, you should check with your agent immediately about coverage. Find out what coverage is provided if it blows down, collapses under snow and ice, gets damaged by a tree or other falling object or is vandalized. Ask your agent to get written answers from your insurer's claims staff.
Hurricane Irene left many homeowners with fallen trees and limbs. Your homeowners policy may provide coverage for a fallen tree but coverage depends on the terms of your policy and the kind of damage caused by the tree. This short video from the Insurance Information Institute (III) explains the coverage typically provided by a homeowners policy. If you have a fallen tree, review your policy or call your agent to discuss the coverage that may be available. Maryland law protects consumers when they make a call to an insurance agent for information. That inquiry will not result in a claim against your policy.
While
the Division cannot provide legal representation for individual
consumers, PICD protects insurance consumers by:
Discussing
insurance problems with consumers to
answer questions and explain the process available in Maryland
for review of complaints.
Reviewing
complaints filed with the Maryland Insurance Administration to
identify patterns in insurance practices that point to larger
issues.
Writing
brochures to explain difficult insurance topics
that affect consumers.
Reviewing
insurance company rate filings to
make sure that insurance rates are supported by data and
are not excessive.
Reviewing
insurance company filings of policy forms and rules to
determine consistency with Maryland legal requirements and
impact on consumers.
Reviewing
proposed legislation affecting consumers and
representing consumer interests before the Maryland General
Assembly.
Proposing
legislation to
strengthen consumer protection laws.
Alerting
consumers to
changes in Maryland that may affect them.
Working
with community organizations to bring insurance
information to consumers.
The
People's Insurance Counsel Division welcomes your comments
and suggestions. Click here to email pic@oag.state.md.us. And, please come visit us again soon.
Maryland
Attorney General's Office People's
Insurance Counsel Division 200
St. Paul Street
Baltimore, Maryland, 21202
410-576-6432
1 (888) 743-0023
email: PIC@oag.state.md.us
