Dorian ‘Demands Altered Approach’ From Insurers


Attorney Fred Smith QC


Tribune Business Editor


Hurricane Dorian’s catastrophic impact “demands that insurers take” a more conciliatory approach to how claims are handled, an outspoken QC urged yesterday.

Fred Smith QC, the Callenders & Co attorney and partner, told Tribune Business that Bahamian property and casualty insurers - and their international counterparts - needed to take “a more generous perspective” by providing clients with “interim payments” so they can rebuild their lives following arguably the most destructive storm in Bahamian history.

Arguing that loss adjusters had too often sought to “beat down” the value of claims payouts stemming from recent hurricanes that hit Grand Bahama, Mr Smith said a swift insurance response that went beyond “pennies on the dollar” was essential for the “survival” of some businesses and homeowners.

Lamenting the lack of consumer protection for insurance clients in The Bahamas compared to other nations, he argued that the government should consider “stepping in” by enacting “emergency legislation to ensure insurance claims are managed on an equitable basis”.

“One of the big issues we have in the wake of Dorian is people need interim payments or payments on account so they can survive,” Mr Smith told Tribune Business. “Unfortunately, in the wake of previous disasters, adjusters are often motivated to show how efficiently they have acted on behalf of the underwriters.

“They refuse to make interim payments, and insist on questionable settlements, often for pennies on the dollar, by the victim. Many unsuspecting consumers, in many instances, don’t know it’s a final settlement or, if they do, have no choice but to accept to close a hole on their roof with a bit of plywood.

“The catastrophic nature of Dorian demands that the insurers take a different approach to The Bahamas on this occasion. We need to rebuild... I urge the insurers and their adjusters to approach this catastrophe from a generous perspective, and to help by providing interim payments until people can properly address the full extent of their losses with professional help so they can make comprehensive and appropriate claims,” he continued.

“Please do not take advantage of the claimants and beat them down. It’s important for the insurers to act swiftly so people can engage in an emergency rebuild and recovery mode.” I urge the Government to perhaps step in and enact emergency legislation for the management of insurance claims on an equitable basis.”

Mr Smith said he had yet to see insurance loss adjusters in action despite driving around Freeport and Grand Bahama to assess the “destruction first hand” following Dorian’s near-two day stall over the island.

The insurance damage assessment and claims processing is now under way in Grand Bahama (see other article on Page 1B), although the scale and nature of the damage in Abaco has inhibited adjuster access to the hardest hit areas of Marsh Harbour and the surrounding cays.

Emphasising that he did not wish “to pick a fight” with the insurance industry, and understood the “valuable role” it played in protecting hundreds of millions of dollars in commercial risks, Mr Smith said his concerns were founded on what he argued is a lack of protection for consumers compared to other countries.

“My anxiety and oft-expressed frustrations are a result of the model of governance that unfortunately exists in The Bahamas,” he told Tribune Business. “The normal victim, consumer and claimant protection that exists in the more sophisticated economies simply does not exist in The Bahamas....

“Regrettably, we don’t have an Insurance Commission that is an effective watchdog over the insurance companies. The Insurance Commission does its best, but it does not have the tools to manage the insurance industry in The Bahamas - both to promote insurance and to protect the insured.

“Our judicial system is quite unlike the Americans, our neighbour, which has embedded in their system jury trials and punitive damage awards in civil cases which have held big business, financial institutions and government to account,” Mr Smith added.

“Many of the insureds in The Bahamas are not sophisticated consumers. They don’t have access to legal aid. The normal mechanisms that weigh in favour of the consumer, particularly in times of crisis after a hurricane, don’t exist in The Bahamas. I beg the insurance companies and their adjusters not to take advantage of people in Grand Bahama and Abaco.”

Pointing out that mortgage borrowers, both homeowners and businesses, were required by the lenders to take out all-perils catastrophe insurance and other products to cover their homes, Mr Smith said these institutions were noticeably absent when it came to protecting clients in the event of a claim.

“Regrettably, when claims are to be made, all of the societal, economic and capitalist constructs that force people to buy insurance don’t exist to also protect them and make sure their claims are properly dealt with,” Mr Smith said.

“Insurance companies always hire the best and brightest legal minds, and are able to pay them to delay and contest cases for many years and prevent them coming to trial. The victims of disasters and losses are not very often, by the nature of their circumstances, able to resist.”


Well_mudda_take_sic 11 months ago


The BIA noted that its industry partners, including insurance adjusters and catastrophe response experts, have been engaged and are on standby in Nassau, in Florida and in the region. “Following the ‘all clear’ and with the coordination of the relevant authorities on the ground, teams will be deployed as soon as possible to begin assessments,” the BIA said.​

What part of the well publicized and documented fact that all of Central and Northern Abaco has been completely decimated do they not get? The same goes for much of Grand Bahama. These insurance vultures should simply be cutting cheques to the insured individuals and businesses for the maximum amount of losses covered by their insurance policies, save for third party liability coverages. Instead these insurance vultures want to delay the claims settlement process in the hope of being able to persuade traumatized and desperate survivors, who have lost everything, to sign a piece of paper evidencing their agreement to accept claim settlement amounts that are much lower than they are truly entitled to receive.

The extensive aerial video coverage that has been made public of the complete and utter destruction caused by this cataclysmic event is plently evidence enough that the insurance adjusters and catastrophe experts really have nothing at all to do in the case of the vast majority of the insurance policies. The last thing insured traumatized survivors who have lost everything need right now is stress and pressure tactics from greedy insurers seeking to minimize their insurance claim settlements.

The Insurance Commissioner of The Bahamas needs to get off of her well endowed derrière and immediately make certain expected and warranted public announcements aimed at protecting insured individuals and businesses from the well known predatory practices of property and casualty insurers. These announcements should include full page notices in The Tribune, The Nassau Guardian and The Punch, as well as public announcements on the two main local TV stations (JCN not being one of them). The announcements should also appear on the Insurance Commission's official website.

The Insurance Commission must set up a special 'Dorian' unit within her official Office to handle inquiries and complaints of aggrieved policyholders who have good reason to believe they may be victims of predatory insurance practices aimed at depriving them of the claim settlement proceeds to which they are entitled to receive at the earliest possible time. Insurers found to be engaged in predatory practices should face appropriate penalties including the possibility of their insurance underwriting capabilities being suspended pending the outcome of an investigation of their conduct by the Commissioner's Office.


buddah17 11 months ago

Great to see that (FINALLY) Fred Smith QC is having some POSITIVE support from The Bahamian people... (The price one pays for defending the unfortunate and "dredgs" of our "society..")


momoyama 11 months ago

If by 'defending the unfortunate' you mean fighting to help them remain in substandard housing in a hurricane zone and ultimately leading to hundreds of needless, avoidable and horrifying deaths, then you have a morbid point of sorts.


Godson 11 months ago

Hello Mr. Smith. I was just asking for you via social media...

Do you still stand by your position not to force/evict those person (may their souls rest in peace) out of the Mud & Pigeon Peas shanty towns?





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