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Jack is a graduate of Rutgers University where he majored in history. His career in the life and health insurance industry involved medical risk selection and brokerage management. Retired in Florida for over two decades after many years in NJ and NY, he occasionally writes, paints, plays poker, participates in play readings and is catching up on Shakespeare, Melville and Joyce, etc.

Sunday, December 18, 2022

12-18-2022 - Remembering Sandy Hook, Homeowners' Insurance in Florida, and the Market for Digital Cards

                    The first night of Hanukkah for those who observe it is tonight.



JL

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Justices, Representatives, Senators, and Others Who Make Murders of Children Possible

It has been ten years since twenty elementary school children and six teachers were gunned down by a murderer at the Sandy Hook School in Connecticut.  We haven’t gone very far since then in dealing with gun violence.  There have been many similar tragedies since Sandy Hook but we never seem to learn. 

Gun violence in this country should be blamed on the Supreme Court for misinterpreting the Second Amendment, enabling the proliferation of guns, making them readily available to commit mass murders, like those at Sandy Hook, Parkland, Pulse, Uvalde, Colorado Springs, etc., often including taking the lives of children.

Who are the Accessories to these Murders?

The Justices who made the D.C. vs Heller (2008) decision possible will someday be named in history books as accessories to these murders. Their warped decision basically said the final fourteen words of the Second Amendment could stand alone, ignoring the condition stated in its first thirteen words.

(The Second Amendment reads as follows: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.)

Late Justice Antonin Scalia,
patron saint of gun owners
Their names should be read aloud at every funeral of victims of gun violence, so that all will remember their complicity. They are Justices Antonin Scalia (who wrote the opinion), Anthony Kennedy, John Roberts (the present Chief Justice), Clarence Thomas and Samuel Alito, the last three of whom still sit on the Supreme Court, continuing to contribute to the disgraceful depths to which it has sunk, the Heller decision being only one of their unpopular actions, in the eyes of most Americans.

In addition, with the precedent that the more recent Supreme Court decision legalizing open carrying of weapons in New York State (New York Rifle & Pistol Ass’n. vs Bruen) establishes, you can add the names of Justices Gorsuch, Kavanaugh, and Barrett to the names of earlier Justices who have contributed to the murder of children.

The names of these accessories to murders should be shouted from the rooftops!

SCALIA, ROBERTS, KENNEDY, THOMAS, ALITO, GORSUCH, KAVANAUGH, BARRETT !!!

And who made this possible?  RepublicansThose who elect them to positions where they can nominate such people to the Supreme Court, and elect Senators who will confirm their appointments are also to be considered accessories to these murders

Catering to the violent extremists who want gun possession to be unrestricted, so that they might someday use them in armed insurrection against a government with which they disagree, gives Republicans sufficient votes to win elections. That is all that concerns them. They do not care about the victims of murders made possible by those whom they elect.

I’ve named the Supreme Court Justices who share the blame for these murders.  If your Representative or Senators in Congress vote against measures to curtail gun violence, they too are accessories to these murders, as are my two Senators (Marco Rubio and Rick Scott). 

For more frightening implications of the Bruen ruling, take the time to read The Atlantic magazine’s article entitled ‘One Nation Under Guns’ which you can find at https://www.theatlantic.com/ideas/archive/2022/12/gun-violence-scotus-bruen-ruling-mass-shootings/672446/ or by CLICKING HERE.

JL

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Homeowners' Insurance Problems in Florida Refuse to Go Away

Here’s a letter from me that appeared in Friday’s Palm Beach Post.  (12-16-2022)

“According to an article in the Post, Florida with only 9% of the nation’s claims for roof damage produces 76% of the nation’s litigation on such claims. This makes it very clear that lawyers must be kept out of the solution process. The obvious solution is for such claims for roof damage to be submitted by the homeowner, not a contractor, to the insurer, with the contractor’s estimate.  The insurer can either agree with the estimate and authorize the work to be done or get its own estimate.  If they differ, the claim must go to mandatory arbitration for a decision, which all parties must agree to accept.  A homeowner's premium, if they agree to having such a contractual provision in their policy, should be significantly reduced.  The key is to keep lawyers away from the process.  Sadly, there may be too many of that profession in the State legislature to make this solution possible.”  

Since I submitted that letter, the Florida legislature has passed reforms which include changes in the way lawyers are compensated when they handle a homeowner’s claim.  As my letter pointed out, that’s desirable because without lawyers, all that litigation doesn’t happen.  (But more about some of that litigation, further on.)

The new legislation, in addition to making such litigation less profitable for lawyers (the specific reforms are difficult for non-lawyers to understand), gets rid of a homeowner’s assigning the benefits under a policy to the contractor intended to do the work, often one who works hand in hand with the aforementioned lawyers.  The homeowner, not the contractor should make the claim, as my letter pointed out.  It also provides an additional billion dollars of taxpayers’ money (on top of the two billion it provided seven months ago) to enable strapped insurance companies to purchase reinsurance coverage, without which they cannot risk offering homeowners’ insurance.  Settling claims out of court with the aforementioned lawyers has been named as one reason for the precarious state of some insurers, making it difficult for them to secure reinsurance.

What the new legislation lacks is any real relief for the homeowner.  In fact, it will force many out of the state-designated ‘company of last resort,’ Citizens, into companies charging higher premiums, and make the purchase of expensive flood insurance mandatory for those remaining with Citizens.

The only promising part of the legislation for homeowners is the inclusion of the opportunity for them to get a discount on their premium if they contractually agree to abide by an arbitrator’s decision in situations where the company and the homeowner (and their contractor) disagree about a claim, another point made in my letter.  Before I sign onto that, though, I would want to know what controls there would be on the arbitration process and how fair the selection of the arbitrator would be.

The Bottom Line: The real area of conflict in handling roof damage claims is whether the expensive replacement involved is due to the kind of damage to a roof that insurance should cover, such as that caused by a storm, or whether it is because the roof is perfectly sound but growing old, wearing out, a situation for which insurance is not intended to pay claims.  

(Studies have shown that the typical lifetime of a tile roof in Florida is from 25 to 50 years, far longer than the life expectancy of automobiles, for example.  One doesn’t submit a claim to their auto insurer just because their car has lived out its lifetime.  In either situation, there must be damage caused by something designated as a hazard specifically insured against in the policy upon which to base a claim.)

Because of such claims and in anticipation of more of them, some of which might be questionable, insurers are raising homeowners’ insurance premiums, or canceling the policies, where a roof is more than ten years old, for example.  This is where the aforementioned lawyers come in, to help legitimatize a claim to pay for a roof replacement primarily intended for the purpose of avoiding a such a premium increase or policy cancellation.  

It is therefore good news that the new legislation changes the way lawyers involved in roof claim litigation are paid.  Although it is rather complicated, it has amounted to passing on what the lawyers get paid (the costs of litigation), and any court costs, to the insurance company regardless of the result of litigation.  This is why insurers are losing money on Florida homeowners' insurance, resulting in their canceling policies and raising premiums.  Even If the insurer does not bother to contest a questionable claim, recognizing that the cost of doing so can exceed the entire cost of the new roof, doing that just adds to the companies' financial problems.  

It is good news that the legislation attempts to deal with this problem.  How well it does is another question.

Lawyers like to get paid.  Is it fair to stick homeowners with the costs of hiring them to help with a claim against their own insurers?  Is it fair to other insureds, who never submit a claim, to experience premium increases and policy cancellations because of the insurance companies paying such questionable claims and/or the legal costs of contesting them?  I hope the legislation's reforms are successful.  Lawyers are a clever lot.

Roofers at work

  

 JL   

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And speaking of the Palm Beach Post 

(where my letter appeared) …  

While the New York Times’ slogan “All the News that’s Fit to Print” tries to describe that paper’s contents, the Palm Beach Post’s approach, while more local, is “almost all the news we want to print, but since we can’t afford the paper stock needed to do that, we put what we can’t fit in the paper ‘online’ each day in ‘bonus’ sections.” 

I find myself going online, to read the expanded portion of the day’s news each morning after I read its substantial printed version over breakfast.  ‘Online’ is where some of its ‘in-depth’ articles appear, though.  Another good thing about this is that the previous evening’s sports results are in the online ‘bonus.’ (Like the Bills defeating the Dolphins last night in a fourth quarter blizzard.)

Printed newspapers, other than nationwide papers such as the New York Times, the Washington Post, and possibly, USA Today, will eventually be as rare as telephone booths in restaurants and on street corners.  I’ll have to find something else to share with my cereal and coffee.

JL

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 Market Report







A source we have at the Chicago Mercantile Exchange, where almost anything can be traded, let us know unofficially that futures action on the newly announced ‘digital trading card’ issued by the Defeated Former President has been brisk, even though few, if any, of them are in circulation.  The numbers look something like this:

One Willie Mays card of any vintage for 100,000 of the DFP’s new cards. 

One Sandy Koufax card of any vintage for 150,000 DFP cards.

Thus far, trading has been limited because of the dearth of the new digital cards.  Hypothetically, the futures market suggests that one would need a quarter million of them to get both the Mays and Koufax cards mentioned.

Some bargains are already becoming available though.  If one can dig up a Herschel Walker card from his pro-football days, even if it is damaged, it is trading evenly in a light market, one for one, with the DFP’s new digital cards. 

In a related matter, the value in several crypto currencies of the DFP’s digital trading cards has not yet been determined, it was announced by an unnamed former White House employee who has gotten a job in their marketing area. 

JL

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Blog Reminders:

Email Alerts:  If you are NOT receiving emails from me alerting you each time there is a new posting on Jackspotpourri, just send me your email address and we’ll see that you do.  And if you are forwarding a posting to someone, you might suggest that they do the same, so they will be similarly alerted. 

You can pass those email addresses to me by emailing me at jacklippman18@gmail.com .

Paintings:  Recently added to the blog is a feature showing one of my paintings.  (Besides writing, I also paint with acrylics for recreation.)  Right now, it features one of my latest works, but it will be periodically revised to show earlier paintings (as it is today).  You can find it off to the right on your desktop or tablet.  It will be changed periodically.

Forwarding Postings: And of course, please forward this posting to anyone you think might benefit from reading it.  The place to send them is: 

https://jackspotpourri.blogspot.com

Google Blogspot, the platform on which Jackspotpourri is prepared, has revised its forwarding abilities.  If you click on the envelope with the arrow at the conclusion of every posting, (it looks like this:), you will have the opportunity to list as many email addresses as you wish, along with a comment from you, each of which will receive a link to the full blog that you now are reading, with all of its bells and whistles.  This is a great advance from the very basic format Google Blogspot originally provided when they forwarded something for you.  It might take a few minutes longer for your message to be transmitted but this method of forwarding offers the advantage of being able to forward jackspotpourri to many addresses simultaneously. Try it.

Either way will work, sending them the link above or clicking on the envelope at the bottom of this posting. 

 JL

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