Insurance letter to customers of Darryl Golter

Jeff Ehling received this letter from American National Insurance Company to customers of Darryl Golter (see recent story):

October 10, 2008

Dear Customer:

American National Insurance Company (“ANICO”) and its subsidiary American National Property and Casualty Company (“ANPAC”) learned shortly after Hurricane Ike that insurance agent Darryl Golter had failed to forward  premiums to the Texas Windstorm Insurance Association (“TWIA”) on behalf of certain of his customers.  As a result of Mr. Golter’s apparent failure to transmit premiums to TWIA, TWIA did not issue windstorm policies to these customers.  You are receiving this notice because an investigation has revealed that you may have tendered a premium to Mr. Golter in order to obtain windstorm coverage through the TWIA, and that Mr. Golter may have failed to place the coverage on your behalf.

It is ANICO’s and ANPAC’s position that when you tendered a premium to Mr. Golter it was with the intent that he secure TWIA coverage on your behalf; therefore, when Mr. Golter then apparently failed to transmit that premium to TWIA, Mr. Golter was not acting on behalf of either ANICO or ANPAC.  It is important that each customer understand the nature of TWIA. TWIA is a “pool” of all property and casualty insurance companies authorized to write coverage in the state of Texas.  TWIA’s purpose is to provide Texas citizens with certain wind and hail coverage when such coverage is not otherwise available in the insurance marketplace.  Any agent holding a Texas General Lines Agent-Property & Casualty license can submit applications for coverage with TWIA on behalf of his or her customers. TWIA, however, takes the position that such agents represent the insured, not TWIA, in the insurance buying transaction for coverage placed with the TWIA. 

However, customers who may have been harmed through Mr. Golter’s actions may also be ANICO and/or ANPAC customers.  While neither ANICO nor ANPAC is legally responsible or liable for Mr. Golter’s failure to obtain windstorm coverage for you from TWIA, ANICO and ANPAC are concerned about the welfare of our customers in their time of need and wish to help you resolve the problems that Mr. Golter may have independently created.

Accordingly, in exchange for your  assignment to ANICO and/or ANPAC of any and all claims you have against Mr. Golter, TWIA, or any other party arising from Mr. Golter’s apparent failure to pay the premiums for your windstorm insurance, and  a full release of any potential claims you might have or believe you might have against  ANICO, ANPAC or its subsidiaries, arising out of Mr. Golter’s actions, ANICO and/or ANPAC will provide one of the following two forms of relief, depending on your particular situation:

1)      If you have not suffered covered windstorm damage in excess of the what would have been the applicable TWIA deductible had a TWIA policy been in effect at the time of your Hurricane Ike loss, ANICO and/or ANPAC will reimburse you for the amount of premium that we are able to confirm you paid to Mr. Golter for the 2008 policy year.  If you are such a person, please contact John Fortier, ANPAC Senior Field Claims Representative, (409) 370-9253 promptly to make the necessary arrangements to receive premium reimbursement.  Mr. Fortier may also be reached by email at the following address: John.Fortier@anpac.com.
2)      If you have suffered windstorm damage in excess of what would have been the applicable TWIA deductible had a TWIA policy been in effect at the time of your Hurricane Ike loss, ANICO and/or ANPAC will pay the claim that TWIA would have paid subject to the terms and conditions of the TWIA windstorm policy for covered damage incurred. If you are such a person, please contact John Fortier, ANPAC Senior Field Claims Representative, (409) 370-9253 promptly to make the necessary arrangements for adjustment of your windstorm damage claim. Mr. Fortier may also be reached by email at the following address: John.Fortier@anpac.com. Thank you for your understanding and continued business.

Sincerely,

Robert J. Campbell
Senior Vice President/General Counsel/Corporate Secretary
Chief Claims Officer

Comments

[BELLA Tarino]

hey guys if you want to state a political platform, you should def enter this contest www.comcast.indecision2008.com. so you can have a chance to win a trip to NYC!!

[Tish Yancey]

I personally know Ms. D'Lorah Carwile and truly feel for her situation. She has been treated so unfairly by the agent in question and is still facing a difficult dilemma...how to pay (AGAIN) for the remaining 5 months of windstorm insurance under her current policy. She has already paid for a year policy once and it is unethical for Texas Windstorm to not only make her pay the deductible for this claim, but to make her continue to pay for the remaining 5 months of which she has ALREADY paid! TWI did not act on this until Channel 13 went to air with it. All of the restitutions promised came AFTER Channel 13 investigated futher. It would be great if you guys would follow this story to find out how everything really turns out in the end.

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i dont know anything about her

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i dont know anything about her

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I hope that this would get resolved as soon as possible and something should be done about this. This may help others become aware about matters like this.

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