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Insurer Seeks Approval for Optional Endorsement Requiring Texas Homeowners to Participate in Mediation-Arbitration

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by Beth Graham

Wednesday, Jun 15, 2016


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Texas Farm Bureau Insurance Company has reportedly filed a request with the Texas Department of Insurance (“TDI”) seeking to add an optional endorsement to the company’s homeowners insurance policies.  If approved, the request would allow insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower policy premium.  Under the proposal, insureds would instead be obligated to engage in mandatory mediation-arbitration with Farm Bureau.

Public Counsel and Executive Director of the Texas Office of Public Insurance Counsel, Deeia Beck, has expressed concern over the insurer’s endorsement request.  Beck reportedly stated the proposed optional endorsement was unfair to insurance consumers due to the purportedly unequal bargaining power of the contract parties.  In addition, consumer advocacy group Texas Watch also articulated concern over the proposal and encouraged TDI to “continue to prohibit the inclusion of mandatory binding pre-dispute arbitration clauses in residential contracts.”

Texas Insurance Commissioner David Mattax has scheduled a public meeting regarding Farm Bureau’s proposal for July 6th in Austin.  The public is encouraged to submit written and oral comments related to the proposed optional endorsement by the close of business on the meeting date.  The meeting will be broadcast live on TDI’s website.

Photo credit: roarofthefour via Foter.com / CC BY-SA

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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