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Consumer Insight

Sept. 13, 2023

Assignment of Benefits: Consumer Beware

You've just survived a severe storm, or a tornado and you've experienced some extensive damage to your home that requires repairs, including the roof. Your contractor is now asking for your permission to speak with your insurance company using an Assignment of Benefits. Before you sign, read the fine print. Otherwise, you may inadvertently sign over your benefits and any extra money you’re owed as part of your claim settlement.

The National Association of Insurance Commissioners (NAIC) offers information to help you better understand insurance, your risk and what to do in the event you need repairs after significant storm damage.

Be cautious about signing an Assignment of Benefits. An Assignment of Benefits, or an AOB, is an agreement signed by a policyholder that allows a third party—such as a water extraction company, a roofer or a plumber—to act on behalf of the insured and seek direct payment from the insurance company.  An AOB can be a useful tool for getting repairs done, as it allows the repair company to deal directly with your insurance company when negotiating repairs and issuing payment directly to the repair company. However, an AOB is a legal contract, so you need to understand what rights you are signing away and you need to be sure the repair company is trustworthy.

• With an Assignment of Benefits, the third party, like a roofing company or plumber, files your claim, makes the repair decision and collects insurance payments without your involvement.
• Once you have signed an AOB, the insurer only communicates with the third party and the other party can sue your insurer and you can lose your right to mediation.
• It's possible the third party may demand a higher claim payment than the insurer offers and then sue the insurer when it denies your claim.
• You are not required to sign an AOB to have repairs completed. You can file a claim directly with your insurance company, which allows you to maintain control of the rights and benefits provided by your policy in resolving the claim.

Be on alert for fraud. Home repair fraud is common after a natural disaster. Contractors often come into disaster-struck regions looking to make quick money by taking advantage of victims.

• It is a good idea to do business with local or trusted companies. Ask friends and family for references.
•  Your insurer may also have recommendations or a list of preferred contractors.
• Always get more than one bid on work projects. Your adjuster may want to review estimates before you make repairs.

Immediately after the disaster, have an accurate account of the damage for your insurance company when you file a claim.

• Before removing any debris or belongings, document all losses.
• Take photos or video and make a list of the damages and lost items.
• Save damaged items if possible so your insurer can inspect them, some insurance companies may have this as a requirement in their policy.

Most insurance companies have a time requirement for reporting a claim, so contact your agent or company as soon as possible. Your  state insurance department  can help you find contact information for your insurance company, if you cannot find it.

• Insurance company officials can help you determine what damages are covered, start your claim and even issue a check to start the recovery process.
• When reporting losses, you will need insurance information, current contact information and a  home inventory or list of damaged and lost property . If you do not have a list, the adjuster will give you some time to make one. Ask the adjuster how much time you have to submit this inventory list. The NAIC Post Disaster Claims Guide has details on what you can do if you do not have a home inventory list.

After you report damage to your insurance company, they will send a claims adjuster to assess the damage at no cost to you . An adjuster from your insurance company will walk through and around your home to inspect damaged items and temporary repairs you may have made.

• A public adjuster is different from an adjuster from your insurance company and has no ties to the insurance company.
• They estimate the damage to your home and property, review your insurance coverage, and negotiate a settlement of the insurance claim for you.
• Many states require public adjusters to be licensed. Some states prohibit public adjusters from negotiating insurance claims for you. In those states, only a licensed attorney can represent you.
• You have to pay a public adjuster.
• The NAIC Post Disaster Claims Guide has information on the different types of adjusters.

Once the adjuster has completed an assessment, they will provide documentation of the loss to your insurer to determine your claims settlement. When it comes to getting paid, you may receive more than one check. If the damage is severe or you are displaced from your home, the first check may be an emergency advance. Other payments may be for the contents of your home, other personal property, and structural damages. Please note that if there is a mortgage on your home, the payment for structural damage may be payable to you and your mortgage lender. Lenders may put that money into an escrow account and pay for repairs as the work is completed.

More information. States have rules governing how insurance companies handle claims. If you think that your insurer is not responding in a timely manner or completing a reasonable investigation of your claim, contact your  state insurance department .

About the National Association of Insurance Commissioners

As part of our state-based system of insurance regulation in the United States, the National Association of Insurance Commissioners (NAIC) provides expertise, data, and analysis for insurance commissioners to effectively regulate the industry and protect consumers. The U.S. standard-setting organization is governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer reviews, and coordinate regulatory oversight. NAIC staff supports these efforts and represents the collective views of state regulators domestically and internationally.

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• Business Insurance

Can You Assign Your Insurance Benefits to Someone Else?

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Most business insurance policies contain a so-called anti-assignment clause. This clause prohibits policyholders from transferring any of their rights under the policy to someone else. This means that the insured business cannot cede its right to collect claim payments to another party. However, laws in most states permit policyholders to transfer their rights to another party under certain circumstances.

Anti-Assignment Clause

In the standard ISO policies , the anti-assignment clause is located in a separate form called the Common Policy Conditions. These conditions apply to all coverages that are included in the policy. For instance, if a policy includes business auto , general liability , and commercial property coverages, the anti-assignment clause applies to all three coverages.

The clause is entitled Transfer of Your Rights and Duties Under This Policy. It includes the following provision:

Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured.

The anti-assignment clause prohibits the  named insured from transferring any of its rights or obligations under the policy to someone else without the insurer's permission. The only exception is if the named insured is an individual (sole proprietor) and he or she dies. An assignment is permitted in this case because a sole proprietorship and the individual owner are one and the same. If the individual dies, the business cannot survive unless it is sold to someone else.

An anti-assignment clause is intended to prevent the insurer from unwittingly assuming risks it never intended to take on. Commercial insurers review business insurance applicants carefully. Before they issue policies, underwriters consider the knowledge and experience of a company's owners and managerial staff. If a business is sold to someone else, the new owners may not be as skilled or attentive as the previous ones. From the insurer's perspective, the new owners are an unknown risk.

Post-Loss Assignments Permitted

The anti-assignment clause doesn't distinguish between assignments made before a loss and those made afterward. Even so, courts in most states have allowed policyholders to assign their rights to another party after a loss has occurred. Pre-loss assignments are still prohibited. Here is an example of a post-loss assignment of insurance benefits.

Victor operates a restaurant called Vital Vittles out of a building he owns. Late one January night two water pipes in the building freeze. The pipes subsequently burst, causing considerable water damage to Victor's building. Victor is forced to close his restaurant until the repairs are completed.

Victor hires a water damage contractor called Rapid Restoration to repair the damage to his building. He tells the contractor that he needs the repairs done quickly as he is anxious to reopen his restaurant. The contractor says that the repairs can be expedited if Victor signs over his rights under the policy to Rapid Restoration. The contractor will then proceed with the repairs and negotiate a claim settlement with Vital Vittles' commercial property insurer. Victor agrees to the assignment and the contractor begins the repair work.

While Vital Vittles' commercial property policy contains an anti-assignment clause, Victor has assigned his rights to Rapid Restoration after a loss has occurred. Thus, in most states, Victor's insurer cannot reject the assignment (assuming post-loss assignments are permitted in Victor's state).

Problems With Assignments of Benefits

In recent years, assignment of benefits (AOB) agreements have been problematic in some states, particularly Florida. Unscrupulous contractors have preyed on unsuspecting homeowners and business owners who have suffered water damage . Some contractors work alone while others operate in cahoots with crooked lawyers. In either event, the contractor convinces the policyholder to assign his or her rights under the policy over to the contractor. The contractor then exaggerates the cost of the repairs and collects the inflated amount from the insurer. The policyholder is left with a large claim on his or her loss history. When the policy expires, the insurer may refuse to renew it.

In the previous example, Victor has assigned his rights under the policy to Rapid Restoration. Suppose that Rapid Restoration completes only half of the repair work on Victor's building. The actual cost is $15,000 but the contractor submits a bill to the insurer for $30,000. Alternatively, the contractor never submits a bill but sues the insurer for $30,000. In either case, the insurer may refuse to pay on the basis that the contractor has committed insurance fraud. Victor cannot intervene because he has signed his rights over to the contractor. If the contractor is unsuccessful in its lawsuit against the insurer, it may demand payment from Victor's company.

Avoiding Problems With AOBs

As a business owner, you can avoid problems associated with AOBs and unscrupulous contractors by taking the following steps:

• Report any loss or accident directly to your insurer (or your agent or broker ). Notify your insurer immediately. Don't allow a contractor to do the notification on your behalf.
• Take photos of the damage.
• Don't allow any contractor to begin work until an insurance adjuster has documented the damage
• Vet contractors thoroughly before hiring them. Make sure they are properly licensed. If your area has suffered a natural disaster, watch out for construction scams.
• Don't sign an AOB unless you have reviewed it carefully. If you don't understand it, ask your agent, insurer, or attorney for assistance.
• If your contractor won't do any work until you've signed an AOB, find another contractor.

AOBs in Health Insurance

Assignment of benefit agreements are common in health insurance. Patients are often asked to agree to such clauses before they receive treatment from a physician, hospital, or another healthcare provider. The assignment of benefits clause transfers a patient's right to collect benefits under his or her health policy to the provider. By signing the document, the patent agrees that payments will be made directly to the provider for the services rendered. The clause states that the patient is ultimately responsible for the charges if the insurer fails to pay.

Once the treatment has been performed, the provider submits the AOB along with a claim to the patient's health insurer. The insurer pays the provider for services rendered to the patient.

What Is the Assignment of Insurance Benefits?

An assignment of insurance benefits shares the ownership interest of an insurance policy with another party.

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More Articles

•   1. What Is a Life Insurance Assignment?
•   2. Absolute Assignment of Life Insurance Policies
•   3. What Is the Collateral Assignment of a Life Insurance Policy?

Assigning insurance benefits is a legal procedure that gives another party permission to receive payments or benefits directly from your insurance company rather than you receiving the benefits yourself. Depending on the arrangement, you may be able to terminate the assignment at will, or be required to keep the arrangement in place until you meet certain conditions.

Health Insurance

When you require medical care, it's important to have health insurance in place to protect your financial well-being. If your health care provider does not have a direct contract with your insurance company, it may require you to fill out an assignment of benefits form allowing it to bill the insurance company directly for your medical treatments. You remain responsible for any deductibles and co-pays, however, and are ultimately responsible for any medical bills.

Income Loan

Whole life insurance policies with accumulating cash values can act as supplementary retirement income planning investments. When you wish to access the cash value in your policy, you can assign your policy to a bank in exchange for a loan. Typically the bank lends you up to a specified percentage of the policy's cash value, and it becomes the primary beneficiary of the death benefit up to and including the outstanding balance of the loan at your death. The advantage of such an arrangement is that the bank loan is not treated as taxable income, unlike a policy withdrawal, and you repay the bank loan with the tax-free death benefit.

Collateral Loan

If you are self-employed and wish to secure a loan for your business, you may be required by your lenders to purchase life insurance as an additional guarantee. Once the insurance is purchased you complete a assignment of benefits, sharing ownership control with the bank. You must pay the insurance premiums and cannot make any decisions affecting the policy without the written consent of the lender. If and when you pay off your business loan, the assignment is terminated and you regain full control of the policy.

Charitable Contribution

Life insurance can be purchased as a means to finance a charitable gift at death. There are several ways to set this up, one of which involves assigning the benefits to the charity immediately after purchase. The assignment is typically irrevocable, as this requires the charity's consent to make any changes to the policy. The advantage of such an assignment is that your premiums are tax-deductible as a charitable contribution. Upon your death, the charity receives the death benefit directly, without the money passing through your estate.

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Philippe Lanctot started writing for business trade publications in 1990. He has contributed copy for the "Canadian Insurance Journal" and has been the co-author of text for life insurance company marketing guides. He holds a Bachelor of Science in mathematics from the University of Montreal with a minor in English.

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What is a life insurance assignment, absolute assignment of life insurance policies, what is the collateral assignment of a life insurance policy, how do i set up a trust fund with a life insurance policy, how much can i borrow against cash value, is whole-term life insurance with a retirement plan a good idea, how to finance a funeral, can you write off life insurance payments, can life insurance proceeds paid to a beneficiary be forced to pay the deceased's debts, taxation of death benefits paid on a life insurance policy, is life insurance taxed at payout, does life insurance count towards the two million for federal estate tax.

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Assignment of Benefits for Contractors: Pros & Cons of Accepting an AOB

22 articles

Insurance , Restoration , Slow Payment

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs.

But insurance companies often drag their feet, and payments can take even longer than normal. Contractors often wish they could simply deal with the insurance company directly through an assignment of benefits. In some circumstances, an AOB can be an effective tool that helps contractors collect payment faster — but is it worth it?

In this article, we’ll explain what an assignment of benefits is, and how the process works. More importantly, we’ll look at the pros and cons for restoration and roofing contractors to help you decide if an AOB is worth it . 

What is an assignment of benefits? 

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. 

An AOB also allows the insurer to pay the contractor directly instead of funneling funds through the customer. AOBs take the homeowner out of the claims equation.

Here’s an example: A property owner’s roof is damaged in a hurricane. The owner contacts a restoration company to repair the damage, and signs an AOB to transfer their insurance rights to the contractor. The contractor, now the assignee, negotiates the claim directly with the insurance company. The insurer will pay the claim by issuing a check for the repairs directly to the restoration contractor. 

Setting up an AOB

A property owner and contractor can set up an assignment of benefits in two steps: 

• The owner and the contractor sign an AOB agreement
• The contractor sends the AOB to the insurance company

Keep in mind that many states have their own laws about what the agreement can or should include .

For example, Florida’s assignment of benefits law contains relatively strict requirements when it comes to an assignment of benefits: 

• The AOB agreements need to be in writing. The agreement must contain a bolded disclosure notifying the customer that they are relinquishing certain rights under the homeowners policy. You can’t charge administrative fees or penalties if a homeowner decides to cancel the AOB. 
• The AOB must include an itemized, per-unit breakdown of the work you plan to do. The services can only involve how you plan to make repairs or restore the home’s damage or protect the property from any further harm. A copy must be provided to the insurance company. 
• A homeowner can rescind an AOB agreement within 14 days of signing, or within 30 days if no work has begun and no start date was listed for the work. If a start date is listed, the 30-day rule still applies if substantial progress has not been made on the job. 

Before signing an AOB agreement, make sure you understand the property owner’s insurance policy, and whether the project is likely to be covered.

Learn more: Navigating an insurance claim on a restoration project

Pros & cons for contractors

It’s smart to do a cost-benefit analysis on the practice of accepting AOBs. Listing pros and cons can help you make a logical assessment before deciding either way. 

Pro: Hiring a public adjuster

An insurance carrier’s claims adjuster will inspect property damage and arrive at a dollar figure calculated to cover the cost of repairs. Often, you might feel this adjuster may have overlooked some details that should factor into the estimate. 

If you encounter pushback from the insurer under these circumstances, a licensed, public adjuster may be warranted. These appraisers work for the homeowner, whose best interests you now represent as a result of the AOB. A public adjuster could help win the battle to complete the repairs properly. 

Pro: More control over payment

You may sink a considerable amount of time into preparing an estimate for a customer. You may even get green-lighted to order materials and get started. Once the ball starts rolling, you wouldn’t want a customer to back out on the deal. 

Klark Brown , Co-founder of The Alliance of Independent Restorers, concedes this might be one of the very situations in which an AOB construction agreement might help a contractor. “An AOB helps make sure the homeowner doesn’t take the insurance money and run,” says Brown.  

Pro: Build a better relationship with the homeowner

A homeowner suffers a substantial loss and it’s easy to understand why push and pull with an insurance company might be the last thing they want to undertake. They may desire to have another party act on their behalf. 

As an AOB recipient, the claims ball is now in your court. By taking some of the weight off a customer’s shoulders during a difficult period, it could help build good faith and further the relationship you strive to build with that client. 

Learn more : 8 Ways for Contractors to Build Trust With a Homeowner

Con: It confuses payment responsibilities

Even if you accept an AOB, the property owner still generally bears responsibility for making payment. If the insurance company is dragging their feet, a restoration contractor can still likely file a mechanics lien on the property .

A homeowner may think that by signing away their right to an insurance claim, they are also signing away their responsibility to pay for the restoration work. This typically isn’t true, and this expectation could set you up for a more contentious dispute down the line if there is a problem with the insurance claim. 

Con: Tighter margins

Insurance companies will want repairs made at the lowest cost possible. Just like you, carriers run a business and need to cut costs while boosting revenue. 

While some restoration contractors work directly with insurers and could get a steady stream of work from them, Brown emphasizes that you may be sacrificing your own margins. “Expect to accept work for less money than you’d charge independently,” he adds. 

The takeaway here suggests that any contractor accepting an AOB could subject themselves to the same bare-boned profit margins. 

Con: More administrative work

Among others, creating additional administrative busywork is another reason Brown recommends that you steer clear of accepting AOBs. You’re committing additional resources while agreeing to work for less money. 

“Administrative costs are a burden,” Brown states. Insurers may reduce and/or delay payments to help their own bottom lines. “Insurers will play the float with reserves and claims funds,” he added. So, AOBs can be detrimental to your business if you’re spending more while chasing payments. 

Con: Increase in average collection period

Every contractor should use some financial metrics to help gauge the health of the business . The average collection period for receivables measures the average time it takes you to get paid on your open accounts. 

Insurance companies aren’t known for paying claims quickly. If you do restoration work without accepting an AOB, you can often take action with the homeowner to get paid faster. When you’re depending on an insurance company to make your payment, rather than the owner, collection times will likely increase.

The literal and figurative bottom line is: If accepting assignment of benefits agreements increases the time it takes to get paid and costs you more in operational expense, these are both situations you want to avoid. 

Learn more: How to calculate your collection effectiveness 

AOBs and mechanics liens

A mechanics lien is hands down a contractor’s most effective tool to ensure they get paid for their work. Many types of restoration services are protected under lien laws in most states. But what happens to lien rights when a contractor accepts an assignment of benefits? 

An AOB generally won’t affect a contractor’s ability to file a mechanics lien on the property if they don’t receive payment. The homeowner is typically still responsible to pay for the improvements. This is especially true if the contract involves work that wasn’t covered by the insurance policy. 

However, make sure you know the laws in the state where your project is located. For example, Florida’s assignment of benefits law, perhaps the most restrictive in the country, appears to prohibit an AOB assignee from filing a lien. 

Florida AOB agreements are required to include language that waives the contractor’s rights to collect payment from the owner. The required statement takes it even further, stating that neither the contractor or any of their subs can file a mechanics lien on the owner’s property. 

On his website , Florida’s CFO says: “The third-party assignee and its subcontractors may not collect, or attempt to collect money from you, maintain any action of law against you, file a lien against your property or report you to a credit reporting agency.”

That sounds like a contractor assignee can’t file a lien if they aren’t paid . But, according to construction lawyer Alex Benarroche , it’s not so cut-and-dry.

“Florida’s AOB law has yet to be tested in court, and it’s possible that the no-lien provision would be invalid,” says Benarroche. “This is because Florida also prohibits no-lien clauses in a contract. It is not legal for a contractor to waive their right to file a lien via an agreement prior to performance.” 

Learn more about no-lien clauses and their enforceability state-by-state

Remember that every state treats AOBs differently, and conflicting laws can create additional risk. It’s important to consult with a construction lawyer in the project’s state before accepting an assignment of benefits. 

Best practices for contractors 

At the end of the day, there are advantages and disadvantages to accepting an assignment of benefits. While it’s possible in some circumstances that an AOB could help a contractor get paid faster, there are lots of other payment tools that are more effective and require less administrative costs. An AOB should never be the first option on the table . 

If you do decide to become an assignee to the property owner’s claim benefits, make sure you do your homework beforehand and adopt some best practices to effectively manage the assignment of benefits process. You’ll need to keep on top of the administrative details involved in drafting AOBs and schedule work in a timely manner to stay in compliance with the conditions of the agreement. 

Make sure you understand all the nuances of how insurance works when there’s a claim . You need to understand the owner’s policy and what it covers. Home insurance policy forms are basically standardized for easy comparisons in each state, so what you see with one company is what you get with all carriers. 

Since you’re now the point of contact for the insurance company, expect more phone calls and emails from both clients and the insurer . You’ll need to have a strategy to efficiently handle ramped-up communications since the frequency will increase. Keep homeowners and claims reps in the loop so you can build customer relationships and hopefully get paid faster by the insurer for your work.

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Assignment of benefits: what you need to know.

• August 17, 2022
• Steven Schwartzapfel

Insurance can be useful, but dealing with the back-and-forth between insurance companies and contractors, medical specialists, and others can be a time-consuming and ultimately unpleasant experience. You want your medical bills to be paid without having to act as a middleman between your healthcare provider and your insurer.

However, there’s a way you can streamline this process. With an assignment of benefits, you can designate your healthcare provider or any other insurance payout recipient as the go-to party for insurance claims. While this can be convenient, there are certain risks to keep in mind as well.

Below, we’ll explore what an assignment of insurance benefits is (as well as other forms of remediation), how it works, and when you should employ it. For more information, or to learn whether you may have a claim against an insurer, contact Schwartzapfel Lawyers now at 1-516-342-2200 .

What Is an Assignment of Benefits?

An assignment of benefits (AOB) is a legal process through which an insured individual or party signs paperwork that designates another party like a contractor, company, or healthcare provider as their insurance claimant .

Suppose you’re injured in a car accident and need to file a claim with your health insurance company for medical bills and related costs. However, you also need plenty of time to recover. The thought of constantly negotiating between your insurance company, your healthcare provider, and anyone else seems draining and unwelcome.

With an assignment of benefits, you can designate your healthcare provider as your insurance claimant. Then, your healthcare provider can request insurance payouts from your healthcare insurance provider directly.

Through this system, the health insurance provider directly pays your physician or hospital rather than paying you. This means you don’t have to pay your healthcare provider. It’s a streamlined, straightforward way to make sure insurance money gets where it needs to go. It also saves you time and prevents you from having to think about insurance payments unless absolutely necessary.

What Does an Assignment of Benefits Mean?

An AOB means that you designate another party as your insurance claimant. In the above example, that’s your healthcare provider, which could be a physician, hospital, or other organization.

With the assignment of insurance coverage, that healthcare provider can then make a claim for insurance payments directly to your insurance company. The insurance company then pays your healthcare provider directly, and you’re removed as the middleman.

As a bonus, this system sometimes cuts down on your overall costs by eliminating certain service fees. Since there’s only one transaction — the transaction between your healthcare provider and your health insurer — there’s only one set of service fees to contend with. You don’t have to deal with two sets of service fees from first receiving money from your insurance provider, then sending that money to your healthcare provider.

Ultimately, the point of an assignment of benefits is to make things easier for you, your insurer, and anyone else involved in the process.

What Types of Insurance Qualify for an Assignment of Benefits?

Most types of commonly held insurance can work with an assignment of benefits. These insurance types include car insurance, healthcare insurance, homeowners insurance, property insurance, and more.

Note that not all insurance companies allow you to use an assignment of benefits. For an assignment of benefits to work, the potential insurance claimant and the insurance company in question must each sign the paperwork and agree to the arrangement. This prevents fraud (to some extent) and ensures that every party goes into the arrangement with clear expectations.

If your insurance company does not accept assignments of benefits, you’ll have to take care of insurance payments the traditional way. There are many reasons why an insurance company may not accept an assignment of benefits.

To speak with a Schwartzapfel Lawyers expert about this directly, call 1-516-342-2200 for a free consultation today. It will be our privilege to assist you with all your legal questions, needs, and recovery efforts.

Who Uses Assignments of Benefits?

Many providers, services, and contractors use assignments of benefits. It’s often in their interests to accept an assignment of benefits since they can get paid for their work more quickly and make critical decisions without having to consult the insurance policyholder first.

Imagine a circumstance in which a homeowner wants a contractor to add a new room to their property. The contractor knows that the scale of the project could increase or shrink depending on the specifics of the job, the weather, and other factors.

If the homeowner uses an assignment of benefits to give the contractor rights to make insurance claims for the project, that contractor can then:

• Bill the insurer directly for their work. This is beneficial since it ensures that the contractor’s employees get paid promptly and they can purchase the supplies they need.
• Make important decisions to ensure that the project completes on time. For example, a contract can authorize another insurance claim for extra supplies without consulting with the homeowner beforehand, saving time and potentially money in the process.

Practically any company or organization that receives payments from insurance companies may choose to take advantage of an assignment of benefits with you. Example companies and providers include:

• Ambulance services
• Drug and biological companies
• Lab diagnostic services
• Hospitals and medical centers like clinics
• Certified medical professionals such as nurse anesthetists, nurse midwives, clinical psychologists, and others
• Ambulatory surgical center services
• Permanent repair and improvement contractors like carpenters, plumbers, roofers, restoration companies, and others
• Auto repair shops and mechanic organizations

Advantages of Using an Assignment of Benefits

An assignment of benefits can be an advantageous contract to employ, especially if you believe that you’ll need to pay a contractor, healthcare provider, and/or other organization via insurance payouts regularly for the near future.

These benefits include but are not limited to:

• Save time for yourself. Again, imagine a circumstance in which you are hospitalized and have to pay your healthcare provider through your health insurance payouts. If you use an assignment of benefits, you don’t have to make the payments personally or oversee the insurance payouts. Instead, you can focus on resting and recovering.
• Possibly save yourself money in the long run. As noted above, an assignment of benefits can help you circumvent some service fees by limiting the number of transactions or money transfers required to ensure everyone is paid on time.
• Increased peace of mind. Many people don’t like having to constantly think about insurance payouts, contacting their insurance company, or negotiating between insurers and contractors/providers. With an assignment of benefits, you can let your insurance company and a contractor or provider work things out between them, though this can lead to applications later down the road.

Because of these benefits, many recovering individuals, car accident victims, homeowners, and others utilize AOB agreements from time to time.

Risks of Using an Assignment of Benefits

Worth mentioning, too, is that an assignment of benefits does carry certain risks you should be aware of before presenting this contract to your insurance company or a contractor or provider. Remember, an assignment of benefits is a legally binding contract unless it is otherwise dissolved (which is technically possible).

The risks of using an assignment of benefits include:

• You give billing control to your healthcare provider, contractor, or another party. This allows them to bill your insurance company for charges that you might not find necessary. For example, a home improvement contractor might bill a homeowner’s insurance company for an unnecessary material or improvement. The homeowner only finds out after the fact and after all the money has been paid, resulting in a higher premium for their insurance policy or more fees than they expected.
• You allow a contractor or service provider to sue your insurance company if the insurer does not want to pay for a certain service or bill. This can happen if the insurance company and contractor or service provider disagree on one or another billable item. Then, you may be dragged into litigation or arbitration you did not agree to in the first place.
• You may lose track of what your insurance company pays for various services . As such, you could be surprised if your health insurance or other insurance premiums and deductibles increase suddenly.

Given these disadvantages, it’s still wise to keep track of insurance payments even if you choose to use an assignment of benefits. For example, you might request that your insurance company keep you up to date on all billable items a contractor or service provider charges for the duration of your treatment or project.

For more on this and related topic, call Schwartzapfel Lawyers now at 1-516-342-2200 .

How To Make Sure an Assignment of Benefits Is Safe

Even though AOBs do carry potential disadvantages, there are ways to make sure that your chosen contract is safe and legally airtight. First, it’s generally a wise idea to contact knowledgeable legal representatives so they can look over your paperwork and ensure that any given assignment of benefits doesn’t contain any loopholes that could be exploited by a service provider or contractor.

The right lawyer can also make sure that an assignment of benefits is legally binding for your insurance provider. To make sure an assignment of benefits is safe, you should perform the following steps:

• Always check for reviews and references before hiring a contractor or service provider, especially if you plan to use an AOB ahead of time. For example, you should stay away if a contractor has a reputation for abusing insurance claims.
• Always get several estimates for work, repairs, or bills. Then, you can compare the estimated bills and see whether one contractor or service provider is likely to be honest about their charges.
• Get all estimates, payment schedules, and project schedules in writing so you can refer back to them later on.
• Don’t let a service provider or contractor pressure you into hiring them for any reason . If they seem overly excited about getting started, they could be trying to rush things along or get you to sign an AOB so that they can start issuing charges to your insurance company.
• Read your assignment of benefits contract fully. Make sure that there aren’t any legal loopholes that a contractor or service provider can take advantage of. An experienced lawyer can help you draft and sign a beneficial AOB contract.

Can You Sue a Party for Abusing an Assignment of Benefits?

Sometimes. If you believe your assignment of benefits is being abused by a contractor or service provider, you may be able to sue them for breaching your contract or even AOB fraud. However, successfully suing for insurance fraud of any kind is often difficult.

Also, you should remember that a contractor or service provider can sue your insurance company if the insurance carrier decides not to pay them. For example, if your insurer decides that a service provider is engaging in billing scams and no longer wishes to make payouts, this could put you in legal hot water.

If you’re not sure whether you have grounds for a lawsuit, contact Schwartzapfel Lawyers today at 1-516-342-2200 . At no charge, we’ll examine the details of your case and provide you with a consultation. Don’t wait. Call now!

Assignment of Benefits FAQs

Which states allow assignments of benefits.

Every state allows you to offer an assignment of benefits to a contractor and/or insurance company. That means, whether you live in New York, Florida, Arizona, California, or some other state, you can rest assured that AOBs are viable tools to streamline the insurance payout process.

Can You Revoke an Assignment of Benefits?

Yes. There may come a time when you need to revoke an assignment of benefits. This may be because you no longer want the provider or contractor to have control over your insurance claims, or because you want to switch providers/contractors.

To revoke an assignment of benefits agreement, you must notify the assignee (i.e., the new insurance claimant). A legally solid assignment of benefits contract should also include terms and rules for this decision. Once more, it’s usually a wise idea to have an experienced lawyer look over an assignment of benefits contract to make sure you don’t miss these by accident.

Contact Schwartzapfel Lawyers Today

An assignment of benefits is an invaluable tool when you need to streamline the insurance claims process. For example, you can designate your healthcare provider as your primary claimant with an assignment of benefits, allowing them to charge your insurance company directly for healthcare costs.

However, there are also risks associated with an assignment of benefits. If you believe a contractor or healthcare provider is charging your insurance company unfairly, you may need legal representatives. Schwartzapfel Lawyers can help.

As knowledgeable New York attorneys who are well-versed in New York insurance law, we’re ready to assist with any and all litigation needs. For a free case evaluation and consultation, contact Schwartzapfel Lawyers today at 1-516-342-2200 !

Schwartzapfel Lawyers, P.C. | Fighting For You™™

What Is an Insurance Claim? | Experian

What is assignment of benefits, and how does it impact insurers? | Insurance Business Mag

Florida Insurance Ruling Sets Precedent for Assignment of Benefits | Law.com

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How Does Your Insurance Policy’s “Assignment of Benefits” Clause Affect You?

When homeowners suffer a property loss, one of the first things they do – even before they know the amount of coverage they will receive from their insurer – is call a contractor. The contractor looks at the damage, and estimates the likely cost of repairing the property. Maybe that estimate is greater than the coverage amount the homeowner expects the insurance company to pay out.

In this instance, the contractor will sometimes suggest that the homeowner enter into an “assignment of benefits” (AOB) arrangement. Under this side contract, the contractor agrees to accept as payment whatever the insurance company pays for the insured’s property loss claim.

Such AOB deals can be a major problem.

For one thing, most contractors know very little about insurance coverages and the art of negotiating optimal coverage payouts. The insurance company may initially offer $60K, for example, in a situation where an experienced public adjuster could have secured almost twice that amount. The contractor might take the $60K, and then discover that amount isn’t enough to get the repair job done properly. The contractor then must skimp and cut corners, resulting in a shoddy repair job for the unsuspecting homeowner.

At common law, insureds were prohibited from assigning their insurance policy benefits and other underlying rights. State legislatures, however, have allowed AOB, and many state courts will permit the assignment of insurance policies.

The problems stemming from AOB have led to a mountain of litigation and debates about whether it should be allowed at all. Insurance carriers are happy to allow AOB, because contractors present an easy mark and often accept low-ball claim offers. The contractors, meanwhile, are serving two masters – handling the insured’s claim, as well as taking money to do repairs. That’s exactly why the National Association of Public Insurance Adjusters (NAPIA) doesn’t allow contractors to be PAs and do this type of work.

We recently spoke with Brian Goodman, General Counsel of NAPIA, who calls the practice of AOB “ripe with the possibility of harming consumers and making it so the insured never gets properly indemnified.”  We agree.

NAPIA is working with the National Association of Insurance Commissioners (NAIC) to eradicate the practice of AOB. There is some resistance because of an unwillingness to infringe on an individual’s right to contract with somebody. But, in our view, any use of AOB really harms consumers.

Diane Swerling

Related posts.

Florida’s “Assignment of Benefits” Bill: A Guide Through the New Statutory Framework

Florida H.B. 7065 , expected to take effect July 1, 2019, makes several key statutory changes designed to curb AOB practices. We discuss a few of those highlights here.

The bill establishes several new sections of the Florida Statutes, including Fla. Stat. § 627.7152. § 627.7152(2)(a) sets requirements for a proper assignment of benefits:

627.7152 Assignment agreements.—

(2)(a) An assignment agreement must:

1) Be in writing and executed by and between the assignor and the assignee.

2) Contain a provision that allows the assignor to rescind the assignment agreement without a penalty or fee by submitting a written notice of rescission signed by the assignor to the assignee within 14 days after the execution of the agreement, at least 30 days after the date work on the property is scheduled to commence if the assignee has not substantially performed, or at least 30 days after the execution of the agreement if the agreement does not contain a commencement date and the assignee has not begun substantial work on the property.

3) Contain a provision requiring the assignee to provide a copy of the executed assignment agreement to the insurer within 3 business days after the date on which the assignment agreement is executed or the date on which work begins, whichever is earlier. . . .

4) Contain a written, itemized, per-unit cost estimate of the services to be performed by the assignee. . . .

Under § 627.7152(2)(a), contractors will no longer be able to blindside their customers and insurers with exorbitant bills with the expectation that an insurance company will eventually pay it. Now, contractors will be required to provide detailed estimates in advance of performing the work in order to effectively obtain an assignment of insurance benefits. Further, the assignee must promptly notify the insurer of the assignment. Insurers will now be able to monitor costs as they are incurred and ensure contractors are not performing unnecessary repairs.

In the event of litigation, § 627.7152(3) addresses the burden of the assignee:

(3) In a claim arising under an assignment agreement, an assignee has the burden to demonstrate that the insurer is not prejudiced by the assignee’s failure to:

(a) Maintain records of all services provided under the assignment agreement.

(b) Cooperate with the insurer in the claim investigation.

(c) Provide the insurer with requested records and documents related to the services provided, and permit the insurer to make copies of such records and documents.

(d) Deliver a copy of the executed assignment agreement to the insurer within 3 business days after executing the assignment agreement or work has begun, whichever is earlier.

Like a policyholder, assignees must cooperate with the insurer. If an assignee fails to maintain records, provide the insurer requested documents, or deliver the agreement as required by § 627.7152(2)(a), the assignee will bear the burden in litigation of demonstrating a lack of prejudice to the insurer.

In order to even get into a courtroom, however, § 627.7152(9)(a) requires assignees to serve written notice at least 10 business days prior to filing suit. The notice must include, among other things, the amount of damages in dispute, the amount claimed, and a pre-suit settlement demand. The assignee must also provide a detailed written invoice or estimate of services, the number of labor hours, and in the case of work performed, proof that the work has been performed in accordance with “accepted industry standards.” Upon receipt of the notice,

(b) An insurer must respond in writing to the notice within 10 business days after receiving the notice specified in paragraph (a) by making a presuit settlement offer or requiring the assignee to participate in appraisal or other method of alternative dispute resolution under the policy. An insurer must have a procedure for the prompt investigation, review, and evaluation of the dispute stated in the notice and must investigate each claim contained in the notice in accordance with the Florida Insurance Code.

Insurers have an opportunity to avoid litigation through negotiation or appraisal. Assignees are encouraged to make reasonable settlement demands and to consider reasonable offers because failure to do so can trigger an award of attorney’s fees in the insurer’s favor:

(10) Notwithstanding any other provision of law, in a suit related to an assignment agreement for post-loss claims arising under a residential or commercial property insurance policy, attorney fees and costs may be recovered by an assignee only under s. 57.105 and this subsection.

 (a) If the difference between the judgment obtained by the assignee and the presuit settlement offer is:

1) Less than 25 percent of the disputed amount, the insurer is entitled to an award of reasonable attorney fees.

2) At least 25 percent but less than 50 percent of the disputed amount, no party is entitled to an award of attorney fees.

3) At least 50 percent of the disputed amount, the assignee is entitled to an award of reasonable attorney fees.

Fla. Stat. § 627.428 is the one way attorney’s fee shifting statute in Florida’s insurance code.  This statute generously provides fee-shifting to “prevailing” policyholders and claimants, including following negotiated settlements in contravention of the general American rule. Under the new AOB statute, § 627.7152(10), awards of attorney’s fees are discretionary in suits against insurers by assignees.  Further, § 627.7152(10) requires assignees to obtain a judgment of an amount at least 50% greater than the insurer’s pre-suit settlement offer in order to obtain an award of attorney’s fees. For additional encouragement to accept reasonable settlement offers, assignees who fail to obtain a judgment at least 25% greater may be required to pay the insurer’s attorney’s fees.

Last, insurers can avoid “assignment of benefits” issues altogether by prohibiting AOBs in their policies. The bill creates a new § 627.7153, which allows “[a]n insurer may make available a policy that restricts in whole or in part an insured’s right to execute an assignment agreement” if certain conditions are met.  Those conditions include that the insurer must also provide unrestricted coverage, the restricted policy is available at a lower cost than the unrestricted policy, policies prohibiting assignment in whole cost less than policies prohibiting assignment in part, and restricted policies must contain notice on its face.

With the passage of this new law, Florida will see a new litigation landscape in the area of assignment of benefits. The law is prospective only, so it will not technically impact existing AOB litigation.  However, through passage of this law, Florida has disincentivized unscrupulous contractors and leveled the courtroom playing field and the presently rampant AOB litigation should begin to fade. Ultimately, these changes are expected to benefit Florida policyholders with reduced insurance premiums.

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Homeowners Guide to Assignment of Benefits

It’s a scene that has been portrayed countless times in movies and on television. A desperate individual in a rush, usually due to an emergency or stressful circumstance, is persuaded into signing a document by the promise of a quick fix to their problem. As the story unfolds, the individual is shocked as the unforeseen consequences of the hastily signed document come to pass. This enduring Hollywood plotline has become a harsh reality for numerous Florida home insurance customers who have signed a document that includes Assignment of Benefits (AOB) language following a household emergency. To prevent becoming the next unwitting star of an AOB drama, please learn how you can protect yourself and your family.

How Assignment of Benefits Starts

Following a pipe leak or other household accident, your first instinct might be to call the proper contractor to help you get your home back to normal – fast! The contractor is ready to start working, but before he begins repairs he asks you to sign some “standard documentation.” He might say something like “I can’t begin working until these documents are signed.” He might even offer to help relieve you of the “burden” or “headache” associated with dealing with your home insurance company. Wanting to resolve the problem as quickly as possible, you sign the paperwork, unaware that it’s an assignment of benefits document or a contract that includes an assignment of benefits clause.

Important fact:  You should always call your Florida homeowners insurance company  first  to ensure that your loss is properly documented and maintain control of the process.

What Does Assignment of Benefits Mean?

So what exactly did you just agree to? By  assigning your benefits  (claims proceeds) to your contractor, you’ve just signed over all rights to your claim. The contractor is now in total control of reporting the amount of loss to your insurance company and negotiating the payment. You, the homeowner, are no longer in control of your insurance claim.

Now that your contractor is in control, he can bill your insurance company for work he hasn’t done, overcharge your insurer, or simply take your proceeds and never even begin working on your home. Either way, you can on the hook to pay for your contractor’s scams.

The Consequences

If the inflated bill exceeds what is covered by your homeowners insurance policy, you’re on the hook to pay the difference. The contractor could place a lien on the home, and contractor liens in Florida can be enforced by foreclosure. This type of fraud, while extremely costly to individual homeowners who’ve fallen victim to the scam, affects all Florida homeowners. Fraud is currently one of the primary drivers in home insurance premium costs. AOB fraud is far from a victimless crime!

Good to know:  Although AOB scams are often associated with water extraction claims,  unscrupulous roofing contractors  are a growing source of AOB fraud.   

How to Prevent Yourself From Becoming a Victim

• Following water damage or a home emergency, the first call should be to your homeowner’s insurance company. They can refer a licensed, experienced and reputable contractor. This will also help expedite your claims process.  Download a resource guide for hiring a home contractor .

• Never partner with a contractor who requires you to sign an assignment of benefits document.

• Ask the contractor for proof of liability insurance.

• Never sign a document you don’t fully understand. When in doubt, call your homeowners insurance company for help.

• In the event of a family member’s home emergency, make sure to tell them not to sign anything that requires them to assign their benefits to a contractor.

Related Post:  Beware of Assignment of Benefits on Your Home Insurance Claim

Also:  Get a  Florida home insurance quote  to make sure you have the coverage you need.

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Post-Loss Assignments of Claims Under Insurance Policies

In the settlement of lawsuits involving insured claims, it is not uncommon that one condition of the settlement is that the defendant assign his or her claims under all applicable insurance policies to the party that filed suit.

Indeed, it is frequently the case that the defendant, particularly when the defendant is an individual, has a limited ability to pay a judgment and insurance coverage offers the best opportunity for a recovery by the suing party. Usually, such settlements are made without any serious thought being given to whether the defendant’s claim against its insurer is assignable; the assumption being that it is assignable.

However, insurance policies generally have anti-assignment clauses which prohibit the assignment of the policy, or an interest in the policy, without the insurer’s consent. These clauses come into play in determining the validity or enforceability of the assignment of a claim under an insurance policy and should be considered when such an assignment is part of a settlement.

When considering the enforceability of anti-assignment clauses in insurance policies, the courts generally draw a distinction between an assignment made prior to the occurrence of a covered loss (a “pre-loss” assignment) and an assignment made after the occurrence of a covered loss (a “post-loss” assignment).

In analyzing pre-loss assignments, the courts recognize that requiring an insurer to provide coverage to an assignee of its policy prior to the occurrence of a covered loss would place the insurer in the position of covering a party with whom it had not contracted nor been allowed to properly underwrite to assess the risks posed by that potential insured, and, accordingly, determine the appropriate premium to charge for the risks being undertaken or choose to decline coverage.

Post-loss assignments, on the other hand, take place after the insurer’s obligations under its policy have become fixed by the occurrence of a covered loss, thus the risk factors applicable to the assignee are irrelevant with regard to the covered loss in question. For these reasons, the majority of the courts enforce anti-assignment clauses to prohibit or restrict pre-loss assignments, but refuse to enforce anti-assignment clauses to prohibit or restrict post-loss assignments.

Katrina Cases

The Louisiana Supreme Court, which had not previously addressed the enforceability of anti-assignment clauses for post-loss assignments, was recently confronted with this issue in the In re: Katrina Canal Breaches Litigation, litigation involving consolidated cases arising out of Hurricane Katrina. The issue arose as a result of a lawsuit brought by the State of Louisiana as the assignee of claims under numerous insurance policies as part of the “Road Home” Program. The Road Home Program was set up following Hurricanes Katrina and Rita to distribute federal funds to homeowners suffering damage from the hurricanes. In return for receiving a grant of up to $150,000, homeowners were required to execute a Limited Subrogation/Assignment agreement, which provided in pertinent part:

Pursuant to these Limited Subrogation/Assignments, the State of Louisiana brought suit against more than 200 insurance companies to recover funds dispensed under the Road Home Program. The suit was removed to Federal Court under the Class Action Fairness Act and the insurers filed motions to dismiss, arguing that the assignments to the State of Louisiana were invalid under the anti-assignment clauses in the homeowner policies at issue.

On appeal, the United States Fifth Circuit Court of Appeals certified the following question to the Louisiana Supreme Court: “Does an anti-assignment clause in a homeowner’s insurance policy, which by its plain terms purports to bar any assignment of the policy or an interest therein without the insurer’s consent, bar an insured’s post-loss assignment of the insured’s claims under the policy when such an assignment transfers contractual obligations, not just the right to money due?”

In answering this question, the Louisiana Supreme Court began by noting that, as a general matter, contractual rights are assignable unless the law, the contract terms or the nature of the contract preclude assignment. Specific to the certified question, Louisiana Civil Code article 2653 provides that a right “cannot be assigned when the contract from which it arises prohibits the assignment of that right.” The Louisiana Supreme Court observed that the language of article 2653 is broad and, on its face, applies to all assignments, including post-loss assignments of insurance claims. The Court, therefore, construed the issue confronting it as whether Louisiana public policy would enforce an anti-assignment clause to preclude post-loss assignments of claims under insurance policies.

In addressing the public policy question, the Louisiana Supreme Court recognized the distinction between pre-loss assignments and post-loss assignments discussed by courts from other states and noted that the prevailing view was that anti-assignment clauses were invalid and/or unenforceable when applied to post-loss assignments. Notwithstanding this weight of authority, the Louisiana Supreme Court stated:

“[W]hile the Louisiana legislature has clearly indicated an intent to allow parties freedom to assign contractual rights, by enacting La. C.C. art. 2653, it has also clearly indicated an intent to allow parties freedom to contractually prohibit assignment of rights. We recognize the vast amount of national jurisprudence distinguishing between pre-loss and post-loss assignments and rejecting restrictions on post-loss assignments, however we find no public policy in Louisiana favoring assignability of claims over freedom of contract.”

Thus, Court refused to invalidate the enforceability of the anti-assignment clauses to the post-loss assignments before it based on public policy, adding that public policy determinations are better suited to the legislature.

Nonetheless, after having recognized the general enforceability of anti-assignment clauses to post-loss assignments, the Court immediately placed limits on when those clauses would be applicable, stating that to be applicable, they “must clearly and unambiguously express that the non-assignment clause applies to post-loss assignments.” The Court refused “to formulate a test consisting of specific terms or words,” which would satisfy this condition and remanded the case to the federal courts to determine whether the individual anti-assignment clauses in the various policies were sufficiently clear and explicit to be enforced with respect to post-loss assignments at issue.

A Broad Application

It should be noted that the Court’s opinion appears to apply broadly to all post-loss assignments irrespective of what specific rights are being assigned, despite the fact that the certified question was narrower and asked only about the applicability of a post-loss assignment where the assignment “transfers contractual obligations, not just the right to money due.”

In a footnote at the beginning of its opinion, the Louisiana Supreme Court observed that in certifying the question to it, the Fifth Circuit “disclaimed any intent” that the Court “confine its reply to the precise form or scope of the legal questions certified.” The footnote indicates that the Court’s opinion was not intended to be limited to only those post-loss assignments involving the assignment of contractual obligations.

Louisiana has departed from the majority view in holding that as a matter of general law, anti-assignment clauses are not inherently void with regard to post-loss assignments. However, it may be that in practical application, the results of individual cases may well be consistent with the majority rule of not enforcing anti-assignment clauses with regard to post-loss assignments because Louisiana courts may be reluctant to find that the anti-assignment clauses are sufficiently “clear and explicit” unless they specifically state that they apply to post-loss assignments, notwithstanding the Louisiana Supreme Court’s unwillingness to “formulate a test consisting of specific terms or words.”

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Car Theft and Car Insurance: How It Works, and What You Should Know

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Vehicle thefts nationwide have been steadily increasing for the last few years. Over one million car thefts were reported in 2022 — a number not seen since 2008 — and full-size pickup trucks were the most common vehicle type stolen, according to the National Insurance Crime Bureau (NICB).

Comprehensive car insurance can help replace your stolen vehicle or repair it if it’s found damaged. Even the cheapest auto insurance companies offer this optional coverage if you don’t already have it.

Keep reading to learn what to do if you’re a victim of car theft, how to file a claim, and what other coverages might help.

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Comprehensive Insurance and Vehicle Theft: What’s Covered

Vehicle theft can happen to anyone. — close to 500,000 vehicles were stolen in the first half of 2023 alone, according to ​​NICB data. Fortunately, comprehensive auto insurance covers theft, vandalism, animal damage, falling objects, broken glass, and weather damage.

Comprehensive coverage is optional unless your lender requires it. And, although mandatory in most states, your liability coverage won’t protect you if someone steals your car.

Here’s how comprehensive insurance works for stolen vehicles and theft of items in and on your car.

Stolen vehicles

Your car insurance company will pay up to your car’s actual cash value (ACV) (minus your comprehensive deductible ) if you report it stolen and authorities don’t recover it. If the police recover your car while your insurer is still processing your claim, it may choose to fix the damage instead of declaring the car totaled .

But if the claim process is complete and your insurance company pays you, it becomes the vehicle owner.

Stolen parts or personal items

Your car insurance policy covers parts that are permanently attached to the car, like your stereo. But theft of personal property — such as your laptop or cell phone — isn’t covered.

If someone steals your personal belongings, you’d have to file a separate insurance claim through your homeowners or renters insurance, which would pay to replace the items (potentially after a deductible).

If you have custom or aftermarket parts that weren’t factory installed, consider custom parts and equipment coverage (CPE). This optional coverage pays for things like an aftermarket stereo, custom rims, or a special paint job damaged during the break-in.

Catalytic converter theft

All modern vehicles have catalytic converters, and people steal them because they contain precious metals — which means metal recyclers pay hundreds of dollars for them. In 2022, thieves stole more than 64,000 catalytic converters, with more than half occurring in California and Texas, according to the NICB.

Your comprehensive coverage will pay for catalytic converter theft but might not cover a rental while your car is in the shop. If there’s a converter shortage and your vehicle will be out of commission for weeks, having rental car reimbursement coverage may be worth it.

Depending on your specific insurance policy, the coverage can pay for a rental to get around until you get your vehicle fixed.

If a break-in attempt damages your doors or locks, smashes your windows, or tampers with your ignition, comprehensive coverage can pay for the repairs. And if the damage is severe enough that the car is totaled, your auto policy will pay up to the vehicle’s ACV minus your deductible.

What to Do if Your Vehicle Is Stolen

If someone steals your car, the first thing to do is call the police to file a report. The officer will need basic information about your vehicle, including its year, make, model, color, license plate number, and VIN. If you don’t have the information handy, your proof of insurance should have most of the details.

The sooner you report your stolen vehicle, the greater the chance of recovery. The same-day recovery rate was 34% when owners reported their vehicle as stolen within 24 hours of discovering the theft, according to 2022 NICB data. You can also post pictures on social media to help get more people searching.

Once you have the police report, contact your insurer to file a car insurance claim.

How to File a Car Theft Claim With Your Insurance Company

Filing a car theft claim is similar to filing a claim after a car accident. After getting the incident report, take these steps to file your claim:

• Call your insurance company. Start the claims process by filing the claim in person, over the phone, online, or using your insurer’s mobile app. You might have to file another claim with your renters or home insurance company for stolen items in the car.
• Provide details about the accident. Let your insurer know where you parked the vehicle, and provide a copy of the police report.
• Stay in touch with the adjuster. Once your insurance company assigns a claims adjuster, they’ll contact you to confirm the information you provided, give you the claim number, and ask any other relevant questions.
• Be patient. Though the time frame can vary, most insurance companies wait 30 days to finalize the claim, which gives the police time to search for (and hopefully recover) your vehicle.

During the process, it’s also important to let your lender or leasing company know about the theft and to report it to your local department of motor vehicles (DMV). How your insurer handles the claim depends on whether the police can recover your car and what was damaged or stolen.

How car insurance companies handle car theft claims

Car insurance companies handle theft claims in different ways depending on the outcome. These include:

• Police recover your vehicle: Your comprehensive insurance will pay up to the vehicle’s ACV (minus your deductible) to repair it or replace the car entirely if the damage exceeds the car’s value.
• The vehicle isn’t recovered: If your car isn’t found, your insurance company will consider it totaled and pay the ACV minus your deductible.
• Items stolen from the car: Any items that aren’t factory and permanently installed — like a GPS or other electronics — aren’t covered by your auto insurance policy. You can file a claim with your home insurer, but it might not be worth it unless the value exceeds your home insurance deductible.

Other Auto Insurance Coverages That Can Help if Your Car Is Stolen

Aside from comprehensive, here are a few other coverages you can add to your policy for maximum protection and peace of mind.

• Gap insurance : If your insurance company declares your vehicle totaled and the value is less than what you owe, gap insurance can cover the difference.
• New car replacement : This coverage pays for a new car of the same make and model if your insurer declares your car totaled. It’s usually only available if your car is less than three years old and under a certain mileage, which varies by insurer.
• Rental car reimbursement : This coverage pays for a rental car while the police are searching for yours or it’s in the shop.

Average Comprehensive Insurance Costs

The average cost of comprehensive insurance in the U.S. is $174 per month, according to the National Association of Insurance Commissioners (NAIC) but the average monthly premium can vary by state . Factors like your ZIP code , local theft rates, the type of vehicle you drive, and auto repair costs influence coverage pricing.

The table below shows the average comprehensive premium for each state.

California and Idaho have the cheapest average comprehensive coverage rates, while Tennessee and Wyoming have the most expensive rates. Rates may be cheaper in states like California because of fewer weather-related claims. Idaho’s rates may be cheaper because it has more rural areas and a lower population density.

Top 10 States for Vehicle Theft

Although vehicle thefts can happen anywhere, some states have higher theft rates than others. Knowing the theft rate in your area can help you deter thieves and lessen the chance your gets broken into or stolen.

The table below shows the top 10 states for vehicle theft using NICB data from the first six months of 2023.

California has the highest number of reported thefts by far — around 44,000 more thefts occur in the state than Texas (the second highest on the list). Missouri has the lowest reported thefts — about 86,000 fewer than California.

How to Decrease Your Risk of Car Theft

Use these tips to decrease your chances of becoming a car theft victim:

• Take your fob and keys with you — never leave them in the car.
• Park in security-patroled parking lots, garages, and well-lit areas.
• Lock your doors and make sure your windows are up before you leave.
• If you must park in your driveway, consider installing motion-activated security lights.
• Consider adding an anti-theft and tracking device if your car didn’t come with one from the factory.

FAQs About Theft and Your Car Insurance

We answered common questions about car insurance and vehicle theft to help you get the right coverage.

What happens if your stolen car is found?

If the police find your stolen car before the insurance company finalizes your claim, your insurer might pay to repair the damage (if the damage isn’t extensive) or pay you the vehicle’s actual cash value to replace it. Your insurer may declare the car totaled if the damage is too extensive. But if the claim process is complete, your insurer will own the vehicle.

Will your insurance company pay for a rental if your car is stolen?

It depends. Your insurer will pay for a rental car if you have rental reimbursement coverage. But some insurers may cover reasonable rental expenses, even if you don’t have the coverage on your policy. Check with your auto insurance company to find out.

Does car insurance cover catalytic converter theft?

Yes, comprehensive insurance covers catalytic converter theft. If you have full-coverage car insurance , you’re covered. But if you have a liability-only policy, your insurance company won’t cover it.

Consider adding comprehensive coverage to pay for theft of the vehicle and parts, plus weather and animal damage, fire, vandalism, and broken glass.

How much is the payout amount for a stolen car?

It depends. The payout amount for a stolen car is based on the vehicle’s actual cash value minus your deductible.

If you have a loan or lease, consider including gap insurance coverage, which will pay the difference if you still owe more than your car’s ACV.

Will your insurance company cover a stolen car if keys were left in it?

Yes. If you (or someone else) leave your keys in your vehicle, your comprehensive insurance coverage should cover the theft.

It’s a good idea to discuss the features of your specific insurance policy with your insurer — especially policy exclusions.

Methodology

Data scientists at Compare.com analyzed more than 50 million real-time auto insurance rates from more than 75 partner insurance providers in order to compile the quotes and statistics seen in this article. Compare.com’s auto insurance data includes coverage analysis and details on drivers’ vehicles, driving records, insurance histories, and demographic information. All the quotes listed in this article have been gathered from a combination of real Compare.com quotes and external insurance rate data gathered in collaboration with Quadrant Information Services. Compare.com uses these observations to provide drivers with insight into how auto insurance companies determine their premiums.

• National Association of Insurance Commissioners, “ 2019/2020 Auto Insurance Database Report ,” Accessed March 5, 2024.
• National Insurance Crime Bureau, “ Catalytic Converter Thefts Surge Nationwide, According To New Report ,” Accessed March 5, 2024.
• National Insurance Crime Bureau, “ New Report Shows Full-Size Trucks Have Highest Theft Rate ,” Accessed March 5, 2024.
• National Insurance Crime Bureau, “ Vehicle Thefts Continue to Increase to Near-Record Highs in 2023 ,” Accessed March 5, 2024.
• National Insurance Crime Bureau, “ Vehicle Thefts Nationwide Surpass One Million For the First Time Since 2008 ,” Accessed March 5, 2024.

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Assignment of Claim after a Loss: What Homeowners Should Know

Let’s start with the basics. If you, as a homeowner, sustain property damage or losses because of a covered event (like a fire, for example), you will need your home repaired. You choose a contractor or restoration company to do the work – but the check from the insurance company has not come through yet, and you need them to start right away. So, what can you do?

You can sign an “assignment of claim,” which assigns your rights (as the policyholder) to benefits and proceeds from the loss, to the company or contractors. In the simplest of terms, the assignment of claim allows your contractor to get paid directly from the insurance company.

What is the anti-transfer clause in insurance?

However, many contractors and purchasers of the damaged property have found themselves in a tight spot over the years, because of something called the anti-transfer clause. As explained on the Tennessee Insurance Litigation Blog ,  the anti-transfer clause usually reads something like this: “Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured.” Sometimes, the insurance company requires written consent before an assignment of claim can be made.

This clause routinely allows insurers to deny payments to contractors – but it shouldn’t, when an assignment of claim is made post-loss.

What’s the difference between pre-loss vs. post-loss assignments?

The Courts of Tennessee have routinely ruled on behalf of contractors and purchasers who were assigned the claim after the loss occurred. That is because the original assignee – the homeowner – was approved by the insurance company in the first place, and because the damage occurred regardless. There was no additional risk for the insurance company. Therefore, even if the contractor has a long and storied history of rule-breaking (or even criminal activity), the homeowner can assign the claim however he or she chooses; after all, the loss already happened.

Where insurance companies can (and do) have a leg up is for pre-loss assignments. The insurance company underwrote the risk on Bob and Jane Homeowner because it felt confident enough to do so. Bob and Jane cannot assign their policy to another person without the approval of the insurer, even when no loss has occurred.

Even if there is an anti-transfer clause in your policy, the chances are very good that a post-loss assignment cannot be legally denied by your insurer. If it is, seek out an experienced insurance dispute lawyer to help you argue the denial.

One last note for Tennessee policyholders

In some cases, the insurance company may decide that the amount of your loss is worth less than the cost of the renovations for which the contractor is charging. If this happens, you could be on the hook for the remainder of the costs, depending, of course, on the language of the deal with your contractor.

Because of this risk, it’s wise to contact an attorney before making any decisions. Get informed about your rights from the start, and let your lawyer address any potential hiccups along the way. If your insurer lowballs your claim, your attorney can  handle the dispute , to ensure that you are compensated fairly.

At McWherter Scott & Bobbitt, we have spent years fighting against unfair insurance claims policies in Tennessee and Mississippi. Let  Brandon McWherter ,  Jonathan Bobbitt  and  Clint Scott   put their knowledge and experience to work for you. Please call  731-664-1340 or fill out our  contact form . We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville.

Brandon McWherter has dedicated his practice to assisting insurance policyholders with their claims against insurance companies, including claims for bad faith. He is licensed in Tennessee, Arkansas, and Mississippi. Learn More

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Typical Questions Asked During an EUO of a Suspicious Theft Loss

( Note: This Guest Blog is by Robert Reynolds , an attorney with Merlin Law Group in the Coral Gables, Florida, office . This is the twelfth of a thirteen part series he is writing on examination under oath).

Yesterday I had a meeting with a public adjuster who was referring me a theft loss. As we discussed the claim’s facts and circumstances, I became very skeptical. According to the PA, the policyholder had some health issues and went to the hospital for a few days only to return home to find he had been burglarized. Unfortunately, a good portion of the tale did not make a whole lot of sense. The insured claimed that the thieves stole furniture and power tools, but not the cases for the power tools. This just does not add up. That is, most burglars are petty criminals or drug addicts looking to pilfer items they can fence for quick cash: jewelry, electronics, etc. What is a filch going to do with a table and chairs? Trust me, furniture is not readily pawned; nor, for that matter, is it easily and stealthily removed from a residence. As it turned out, the policyholder did not show up for the meeting, so I did not have the opportunity to ask questions. This begs the questions: what should an attorney or PA ask the potential client about a suspicious theft loss and what should they expect at the examination under oath (EUO), which will inevitably be requested by the insurance company?

First, when a theft loss avails itself to you, look at it through a lens of common sense. Are the circumstances asserted by the claimant plausible? Was there forced entry, for example? Simply stated, if the facts do not bear scrutiny, pass on it. Any decent insurance defense attorney will harp on inconsistencies at an EUO. The claim mentioned above is an excellent example. Think about things logistically, that is, in order for a burglar to steal furniture, they need assistance moving the furniture, a truck to transport it, and a place to store it until it may be sold. Primarily speaking, three guys moving furniture into a large truck is substantially more likely to be seen than a lone thief in the night pocketing jewelry. Further, it is not very plausible that petty criminals have access to moving trucks and warehouses for storage. Finally, do thieves typically take the time to inspect power tools, leaving their casings behind? Of course not, they would simply take case and all. These points may seem picky, but they are precisely the type of suspicious facts that carriers will exploit and, often, ring true with jurors.

Especially in today’s economic climate, there will be no doubt that the insured’s finances will be poured over with a fine-tooth comb by defense counsel. Be prepared to give tax records, income documents, records of debts, etc. and, YES, the carrier does have the right to ask for them. Now this does not mean that legitimate theft losses do not happen to people in financial trouble, but financial trouble may be a motivating factor to commit insurance fraud. To those ends, the insurance professional looking at a suspicious theft loss must be extremely mindful of the list of stolen contents, as this is often the source of big problems. All too often, policyholders are tempted to exaggerate just a bit on that contents list. This is usually done in three ways: adding items that simply did not exist, changing an item’s value, or changing the age of the item in order to thwart potential depreciation. Take care to make sure the policyholder is not stating that they purchased $25,000 in contents in the last 12 months with a $35,000 salary, for example, or that they purchased several big-ticket items within the past year but with no savings and little disposable income.

Finally, the carrier will ask for receipts and proof of purchase for every single item claimed in a theft loss. It is very important to provide these receipts to substantiate the claim. What if the client can not locate receipts? I guarantee the insurer will say they are unable to pay for items which are not substantiated by receipts. This is complete foolishness. Most people do not retain receipts for every item they own. Further, I know of no policy provision stating, “no receipt, no payment,” rather, there are plenty of other methods to justify contents. Photographs, owner’s manuals, affidavits from people who can confirm the contents etc., all may be used to justify contents… so long as they actually existed!

Tune in next week insurance fans when we discuss Typical Questions Asked During an Examination or Sworn Statement Under Oath of a Disputed Structural or Personal Property Valuation Claim Suspected of Being Inflated, Exaggerated, or Made Up .

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Assignment of insurance policies and claims

Practical law uk practice note w-031-6021  (approx. 19 pages).

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Assignment under Insurance Policies

By J Mandakini, NUALS

Editor’s Note: This paper attempts to explore the concept of assignment under Indian law especially Contract Act, Insurance Act and Transfer of Property Act. It seeks to appreciate why the assignment is made use of for securities of a facility sanctioned by ICICI Bank. Also, it explains how ICICI Bank faces certain problems in executing the same. 

INTRODUCTION

For any facility sanctioned by a lender, collateral is always deposited to secure the same. Such mere deposition will not suffice, the borrower has to explicitly permit the lender to recover from the borrower, such securities in case of his default.

This is done by the concept of assignment, dealt with adequately in Indian law. Assignment of obligations is always a tricky matter and needs to be dealt with carefully. The Bank should not fall short of any legally permitted lengths to ensure the same. This is why ambiguity in its security documents have to be rectified. 

This paper attempts to explore the concept of assignment in contract law. It seeks to appreciate why the assignment is made use of for securities of a facility sanctioned by ICICI Bank. The next section will deal with how ICICI Bank faces certain problems in executing the same. The following sections will talk about possible risks involved, as well as defenses and solutions to the same.

WHAT IS ASSIGNMENT?

Assignment refers to the transfer of certain or all (depending on the agreement) rights to another party. The party which transfers its rights is called an assignor, and the party to whom such rights are transferred is called an assignee. Assignment only takes place after the original contract has been made. As a general rule, assignment of rights and benefits under a contract may be done freely, but the assignment of liabilities and obligations may not be done without the consent of the original contracting party.

The liability on a contract cannot be transferred so as to discharge the person or estate of the original contractor unless the creditor agrees to accept the liability of another person instead of the first. [i]

Illustration

P agrees to sell his car to Q for Rs. 100. P assigns the right to receive the Rs. 100 to S. This may be done without the consent of Q. This is because Q is receiving his car, and it does not particularly matter to him, to whom the Rs. 100 is being handed as long as he is being absolved of his liability under the contract. However, notice may still be required to be given. Without such notice, Q would pay P, in spite of the fact that such right has been assigned to S. S would be a sufferer in such case.

In this case, that condition is being fulfilled since P has assigned his right to S. However, P may not assign S to be the seller. P cannot just transfer his duties under the contract to another. This is because Q has no guarantee as to the condition of S’s car. P entered into the contract with Q on the basis of the merits of P’s car, or any other personal qualifications of P. Such assignment may be done with the consent of all three parties – P, Q, S, and by doing this, P is absolved of his liabilities under the contract.

 1.1. Effect of Assignment

Immediately on the execution of an assignment of an insurance policy, the assignor forgoes all his rights, title and interest in the policy to the assignee. The premium or loan interest notices etc. in such cases will be sent to the assignee. [ii] However, the existence of obligations must not be assumed, when it comes to the assignment. It must be accompanied by evidence of the same. The party asserting such a personal obligation must prove the existence of an express assumption by clear and unequivocal proof. [iii]

 Assignment of a contract to a third party destroys the privity of contract between the initial contracting parties. New privity is created between the assignee and the original contracting party. In the illustration mentioned above, the original contracting parties were P and Q. After the assignment, the new contracting parties are Q and S.

 1.2. Revocation of Assignment

Assignment, once validly executed, can neither be revoked nor canceled at the option of the assignor. To do so, the insurance policy will have to be reassigned to the original assignor (the insured).

 1.3. Exceptions to Assignment

There are some instances where the contract cannot be assigned to another.

• Express provisions in the contract as to its non-assignability – Some contracts may include a specific clause prohibiting assignment. If that is so, then such a contract cannot be assigned. Assignability is the rule and the contrary is an exception. [iv]

Pensions, PFs, military benefits etc. Illustration

 1.4. enforcing a contract of assignment.

From the day on which notice is given to the insurer, the assignee becomes the beneficiary of the policy even though the assignment is not registered immediately. It does not wait until the giving of notice of the transfer to the insurer. [vi] However, no claims may lie against the insurer until and unless notice of such assignment is delivered to the insurer.

If notice of assignment is not provided to the obligor, he is discharged if he pays to the assignor. Assignee would have to recover from the assignor. However, if the obligor pays the assignor in spite of the notice provided to him, he would still be liable to the assignee.

The following two illustrations make the point amply clear:

Illustrations

1. Seller A assigns its right to payment from buyer X to bank B. Neither A nor B gives notice to X. When payment is due, X pays A. This payment is fully valid and X is discharged. It will be up to B to recover it from A

2. Seller A assigns to bank B its right to payment from buyer X. B immediately gives notice of the assignment to X. When payment is due, X still pays A. X is not discharged and B is entitled to oblige X to pay a second time.

An assignee doesn’t stand in better shoes than those of his assignor. Thus, if there is any breach of contract by the obligor to the assignee, the latter can recover from the former only the same amount as restricted by counter claims, set offs or liens of the assignor to the obligor.

The acknowledgment of notice of assignment is conclusive proof of, and evidence enough to entertain a suit against an assignor and the insurer respectively who haven’t honoured the contract of assignment.

1.5. Assignment under various laws in India

There is no separate law in India which deals with the concept of assignment. Instead, several laws have codified it under different laws. Some of them have been discussed as follows:

1.5.1. Under the Indian Contract Act

There is no express provision for the assignment of contracts under the Indian Contract Act. Section 37 of the Act provides for the duty of parties of a contract to honour such contract (unless the need for the same has been done away with). This is how the Act attempts to introduce the concept of assignment into Indian commercial law. It lays down a general responsibility on the “representatives” of any parties to a contract that may have expired before the completion of the contract. (Illustrations to Section 37 in the Act).

An exception to this may be found from the contract, e.g. contracts of a personal nature. Representatives of a deceased party to a contract cannot claim privity to that contract while refusing to honour such contract. Under this Section, “representatives” would also include within its ambit, transferees and assignees. [vii]

Section 41 of the Indian Contract Act applies to cases where a contract is performed by a third party and not the original parties to the contract. It applies to cases of assignment. [viii] A promisee accepting performance of the promise from a third person cannot afterwards enforce it against the promisor. [ix] He cannot attain double satisfaction of its claim, i.e., from the promisor as well as the third party which performed the contract. An essential condition for the invocation of this Section is that there must be actual performance of the contract and not of a substituted promise.

  1.5.2. Under the Insurance Act

The creation of assignment of life insurance policies is provided for, under Section 38 of the Insurance Act, 1938.

• When the insurer receives the endorsement or notice, the fact of assignment shall be recorded with all details (date of receipt of notice – also used to prioritise simultaneous claims, the name of assignee etc). Upon request, and for a fee of an amount not exceeding Re. 1, the insurer shall grant a written acknowledgment of the receipt of such assignment, thereby conclusively proving the fact of his receipt of the notice or endorsement. Now, the insurer shall recognize only the assignee as the legally valid party entitled to the insurance policy.

 1.5.3. Under the Transfer of Property Act

Indian law as to assignment of life policies before the Insurance Act, 1938 was governed by Sections 130, 131, 132 and 135 of the Transfer of Property Act 1882 under Chapter VIII of the Act – Of Transfers of Actionable Claims. Section 130 of the Transfer of Property Act states that nothing contained in that Section is to affect Section 38 of the Insurance Act.

 I) Section 130 of the Transfer of Property Act

An actionable claim may be transferred only by fulfilling the following steps:

• Signed by a transferor (or his authorized agent)

The transfer will be complete and effectual as soon as such an instrument is executed. No particular form or language has been prescribed for the transfer. It does not depend on giving notice to the debtor.

The proviso in the section protects a debtor (or other person), who, without knowledge of the transfer pays his creditor instead of the assignee. As long as such payment was without knowledge of the transfer, such payment will be a valid discharge against the transferee. When the transfer of any actionable claim is validly complete, all rights and remedies of transferor would vest now in the transferee. Existence of an instrument in writing is a sine qua non of a valid transfer of an actionable claim. [x]

 II) Section 131 of the Transfer Of Property Act

This Section requires the notice of transfer of actionable claim, as sent to the debtor, to be signed by the transferor (or by his authorized agent), and if he refuses to sign it, a signature by the transferee (or by his authorized agent). Such notice must state both the name and address of the transferee. This Section is intended to protect the transferee, to receive from the debtor. The transfer does not bind a debtor unless the transferor (or transferee, if transferor refuses) sends him an express notice, in accordance with the provisions of this Section.

III) Section 132 of the Transfer Of Property Act

This Section addresses the issue as to who should undertake the obligations under the transfer, i.e., who will discharge the liabilities of the transferor when the transfer has been made complete – would it be the transferor himself or the transferee, to whom the rest of the surviving contract, so to speak, has been transferred.

This Section stipulates, that the transferee himself would fulfill such obligations. However, where an actionable claim is transferred with the stipulation in the contract that transferor himself should discharge the liability, then such a provision in the contract will supersede Ss 130 and 132 of this Act. Where the insured hypothecates his life insurance policies and stipulates that he himself would pay the premiums, the transferee is not bound to pay the premiums. [xi]

FACILITIES SECURED BY INSURANCE POLICIES – HOW ASSIGNMENT COMES INTO THE PICTURE

Many banks require the borrower to take out or deposit an insurance policy as security when they request a personal loan or a business loan from that institution. The policy is used as a way of securing the loan, ensuring that the bank will have the facility repaid in the event of either the borrower’s death or his deviations from the terms of the facility agreement.

Along with the deposit of the insurance policy, the policyholder will also have to assign the benefits of the policy to the financial institution from which he proposes to avail a facility. The mere deposit, without writing, or passing of any document of title to such a claim, does not create any equitable charge. [xii]

ETHICS OF ASSIGNING LIFE INSURANCE POLICY TO LENDERS

The purpose of taking out a life insurance policy on oneself, is that in the event of an untimely death, near and dear ones of the deceased are not left high and dry, and that they would have something to fall back on during such traumatic times. Depositing and assigning the rights under such policy document to another, would mean that there is a high chance that benefits of life insurance would vest in such other, in the event of unfortunate death and the family members are prioritized only second. These are not desirable circumstances where the family would be forced to cope with the death of their loved one coupled with the financial crisis.

 Thus, there is a need to examine the ethics of:

• The bank accepting such assignment

The customer should be cautious before assigning his rights under life insurance policies. By “cautious”, it is only meant that he and his dependents and/or legal heirs should be aware of the repercussions of the act of assigning his life insurance policy. It is conceded that no law prohibits the assignment of life insurance policies.

In fact, Section 38 of the Insurance Act, 1938 , provides for such assignments. Judicial cases have held life insurance policies as property more than a social welfare measure. [xiii] Further, the bank has no personal relationship with any customer and thus has no moral obligation to not accept such assignments of life insurance.

However, the writer is of the opinion that, in dealing with the assignment of life insurance policies, utmost care and caution must be taken by the insured when assigning his life insurance policy to anyone else.

CURRENT STAND OF ICICI REGARDING FACILITIES SECURED BY INSURANCE POLICY, WITH SPECIFIC REFERENCE TO ASSIGNMENT OF OBLIGATIONS

This Section seeks to address and highlight the manner in which ICICI Bank drafts its security documents with regard to the assignment of obligations. The texts placed in quotes in the subsequent paragraphs are verbatim extracts from the security document as mentioned.

Composite Document for Corporate and Realty Funding

 “ 8 .   CHARGING CLAUSE

  The Mortgagor doth hereby:

iii) Assign and transfer unto the Mortgagee all the Bank Accounts and all rights, title, interest, benefits, claims and demands whatsoever of the Mortgagor in, to, under and in respect of the Bank Accounts and all monies including all cash flows and receivables and all proceeds arising from Projects and Other Projects_______________, insurance proceeds, which have been deposited / credited / lying in the Bank Accounts, all records, investments, assets, instruments and securities which represent all amounts in the Bank Accounts, both present and future (the “Account Assets”, which expression shall, as the context may permit or require, mean any or each of such Account Assets) to have and hold the same unto and to the use of the Mortgagee absolutely and subject to the powers and provisions herein contained and subject also to the proviso for redemption hereinafter mentioned;

(v) Assign and transfer unto the Mortgagee all right, title, interest, benefit, claims and demands whatsoever of the Mortgagors, in, to, under and/or in respect of the Project Documents (including insurance policies) including, without limitation, the right to compel performance thereunder, and to substitute, or to be substituted for, the Mortgagor thereunder, and to commence and conduct either in the name of the Mortgagor or in their own names or otherwise any proceedings against any persons in respect of any breach of, the Project Documents and, including without limitation, rights and benefits to all amounts owing to, or received by, the Mortgagor and all claims thereunder and all other claims of the Mortgagor under or in any proceedings against all or any such persons and together with the right to further assign any of the Project Documents, both present and future, to have and to hold all and singular the aforesaid assets, rights, properties, etc. unto and to the use of the Mortgagee absolutely and subject to the powers and provisions contained herein and subject also to the proviso for redemption hereinafter mentioned.”

 ICICI Bank’s Standard Terms and Conditions Governing Consumer Durable Loans

  “ insurance.

The Borrower further agrees that upon any monies becoming due under the policy, the same shall be paid by the Insurance Company to ICICI Bank without any reference / notice to the Borrower, but not exceeding the principal amount outstanding under the Insurance Policy. The Borrower specifically acknowledges that in all cases of claim, the Insurance Company will be solely liable for settlement of the claim, and he/she will not hold ICICI Bank responsible in any manner whether for compensation, recovery of compensation, processing of claims or for any reason whatsoever.

Reference has been made only to assignment of assets, rights, benefits, interests, properties etc. No specific reference has been made to the assignment of obligations of the assignor under such insurance contract.

THE ISSUE FACED BY ICICI BANK

Where ICICI Bank accepts insurance policy documents of customers as security for a loan, in the light of the fact that the documents are silent about the question of assignment of obligations, are they assigned to ICICI Bank? Where there is hypothecation of a life insurance policy, with a stipulation that the mortgagor (assignor) should pay the premiums, and that the mortgagee (assignee) is not bound to pay the same, Sections 130 and 132 do not apply to such cases. [xiv] With rectification of this issue, ICICI Bank can concretize its hold over the securities with no reservations about its legality.

RISKS INVOLVED

This section of the paper attempts to explore the many risks that ICICI Bank is exposed to, or other factors which worsen the situation, due to the omission of a clause detailing the assignment of obligations by ICICI Bank.

Practices of Other Companies

The practices of other companies could be a risk factor for ICICI Bank in the light of the fact that some of them expressly exclude assignment of obligations in their security documents.

There are some companies whose notice of assignment forms contain an exclusive clause dealing with the assignment of obligations. It states that while rights and benefits accruing out of the insurance policy are to be assigned to the bank, obligations which arise out of such policy documents will not be liable to be performed by the bank. Thus, they explicitly provide for the only assignment of rights and benefits and never the assignment of obligations.

Possible Obligation to Insurance Companies

By not clearing up this issue, ICICI Bank could be held to be obligated to the insurance company from whom the assignor took the policy, for example, with respect to insurance premiums which were required to be paid by the assignor. This is not a desirable scenario for ICICI Bank. In case of default by the assignor in the terms of the contract, the right of ICICI Bank over the security deposited (insurance policy in question) could be fraught in the legal dispute.

Possible litigation

Numerous suits may be instituted against ICICI Bank alleging a violation of the Indian Contract Act. Some examples include allegations of concealment of fact, fraud etc. These could be enough to render the existing contract of assignment voidable or even void.

Contra Proferentem

This doctrine applies in a situation when a provision in the contract can be interpreted in more than one way, thereby creating ambiguities. It attempts to provide a solution to interpreting vague terms by laying down, that a party which drafts and imposes an ambiguous term should not benefit from that ambiguity. Where there is any doubt or ambiguity in the words of an exclusion clause, the words are construed more forcibly against the party putting forth the document, and in favour of the other party. [xv]

The doctrine of contra proferentem attempts to protect the layman from the legally knowledgeable companies which draft standard forms of contracts, in which the former stands on a much weaker footing with regard to bargaining power with the latter. This doctrine has been used in interpreting insurance contracts in India. [xvi]

If litigation ensues as a result of this uncertainty, there are high chances that the Courts will tend to favour the assignor and not the drafter of the documents.

POSSIBLE DEFENSES AGAINST DISPUTES FOR THE SECURITY DOCUMENTS AS THEY ARE NOW

This section of the paper attempts to give defences which the Bank may raise in case of any disputes arising out of silence on the matter of assignability of obligations.

Interpretation of the Security Documents

UNIDROIT principles expressly provide a method for interpretation of contracts. [xvii] The method consists of utilizing the following factors:

This defence relates to the concept of estoppel embodied in Section 115 of the Indian Evidence Act, 1872. According to the Section, when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representatives, to deny the truth of that thing.

If a man either by words or by conduct has intimated that he consents to an act which has been done and that he will not offer any opposition to it, and he thereby induces others to do that which they otherwise might have abstained from, he cannot question legality of the act he had sanctioned to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from his conduct. [xviii] Subsequent conduct may be relevant to show that the contract exists, or to show variation in the terms of the contract, or waiver, or estoppel. [xix]

Where the meaning of the instrument is ambiguous, a statement subsequently interpreting such instrument is admissible. [xx] In the present case, where the borrower has never raised any claims with regard to non assignability of obligations on him, and has consented to the present conditions and relations with ICICI Bank, he cannot he cannot be allowed to raise any claims with respect to the same.

Internationally, the doctrine of post contractual conduct is invoked for such disputes. It refers to the acts of parties to a contract after the commencement of the contract. It stipulates that where a party has behaved in a particular manner, so as to induce the other party to discharge its obligations, even if there has been a variation from the terms of the contract, the first party cannot cite such variation as a reason for its breach of the contract.

Where the parties to a contract are both under a common mistake as to the meaning or effect of it, and therefore embark on a course of dealing on the footing of that mistake, thereby replacing the original terms of the contract by a conventional basis on which they both conduct their affairs, then the original contract is replaced by the conventional basis. The parties are bound by the conventional basis. Either party can sue or be sued upon it just as if it had been expressly agreed between them. [xxi]

The importance of consensus ad idem has been concretized by various case laws in India. Further, if the stipulations and terms are uncertain and the parties are not ad idem there can be no specific performance, for there was no contract at all. [xxii]

In the present case, the minds of the assignor and assignee can be said to have not met while entering into the assignment. The assignee never had any intention of undertaking any obligations of the assignor. In Hartog v Colin & Shields, [xxiii] the defendants made an offer to the plaintiffs to sell hare skins, offering to a pay a price per pound instead of per piece.

AVOIDING THESE RISKS

To concretize ICICI Bank’s stand on the assignment of obligations in the matter of loans secured by insurance policies, the relevant security documents could be amended to include such a clause.

For instances where loans are secured by life insurance policies, a standard set by the American Banker’s Association (ABA) has been followed by many Indian commercial institutions as well. [xxvi] The ABA is a trade association in the USA representing banks ranging from the smallest community bank to the largest bank holding companies. ABA’s principal activities include lobbying, professional development for member institutions, maintenance of best practices and industry standards, consumer education, and distribution of products and services. [xxvii]

There are several ICICI security documents which have included clauses denying any assignment of obligations to it. An extract of the deed of hypothecation for vehicle loan has been reproduced below:

“ 3. In further pursuance of the Loan Terms and for the consideration aforesaid, the Hypothecator hereby further agrees, confirms, declares and undertakes with the Bank as follows:

(i)(a) The Hypothecator shall at its expenses keep the Assets in good and marketable condition and, if stipulated by the Bank under the Loan Terms, insure such of the Assets which are of insurable nature, in the joint names of the Hypothecator and the Bank against any loss or damage by theft, fire, lightning, earthquake, explosion, riot, strike, civil commotion, storm, tempest, flood, erection risk, war risk and such other risks as may be determined by the Bank and including wherever applicable, all marine, transit and other hazards incidental to the acquisition, transportation and delivery of the relevant Assets to the place of use or installation. The Hypothecator shall deliver to the Bank the relevant policies of insurance and maintain such insurance throughout the continuance of the security of these presents and deliver to the Bank the renewal receipts / endorsements / renewed policies therefore and till such insurance policies / renewal policies / endorsements are delivered to the Bank, the same shall be held by the Hypothecator in trust for the Bank. The Hypothecator shall duly and punctually pay all premia and shall not do or suffer to be done or omit to do or be done any act, which may invalidate or avoid such insurance. In default, the Bank may (but shall not be bound to) keep in good condition and render marketable the relevant Assets and take out / renew such insurance. Any premium paid by the Bank and any costs, charges and expenses incurred by the Bank shall forthwith on receipt of a notice of demand from the Bank be reimbursed by the Hypothecator and/or Borrower to the Bank together with interest thereon at the rate for further interest as specified under the Loan Terms, from the date of payment till reimbursement thereof and until such reimbursement, the same shall be a charge on the Assets…”

The inclusion of such a clause in all security documents of the Bank can avoid the problem of assignability of obligations in insurance policies used as security for any facility sanctioned by it.

An assignment of securities is of utmost importance to any lender to secure the facility, without which the lender will not be entitled to any interest in the securities so deposited.

In this paper, one has seen the need for assignment of securities of a facility. Risks involved in not having a separate clause dealing with non assignability of obligations have been discussed. Certain defences which ICICI Bank may raise in case of the dispute have also been enumerated along with solutions to the same.

Formatted by March 2nd, 2019.

BIBLIOGRAPHY

[i] J.H. Tod v. Lakhmidas , 16 Bom 441, 449

[ii] http://www.licindia.in/policy_conditions.htm#12, last visited 30 th June, 2014

[iii] Headwaters Construction Co. Ltd. v National City Mortgage Co. Ltd., 720 F. Supp. 2d 1182 (D. Idaho 2010)

[iv] Indian Contract Act and Specific Relief Act, Mulla, Vol. I, 13 th Edn., Reprint 2010, p 968

[v] Khardah Co. Ltd. v. Raymond & Co ., AIR 1962 SC 1810: (1963) 3 SCR 183

[vi] Principles of Insurance Law, M.N. Srinivasan, 8 th Edn., 2006, p. 857

[vii] Ram Baran v Ram Mohit , AIR 1967 SC 744: (1967) 1 SCR 293

[viii] Sri Sarada Mills Ltd. v Union of India, AIR 1973 SC 281

[ix] Lala Kapurchand Godha v Mir Nawah Himayatali Khan, [1963] 2 SCR 168

[x] Velayudhan v Pillaiyar, 9 Mad LT 102 (Mad)

[xi] Hindustan Ideal Insurance Co. Ltd. v Satteya, AIR 1961 AP 183

[xii] Mulraj Khatau v Vishwanath, 40 IA 24 – Respondent based his claim on a mere deposit of the policy and not under a written transfer and claimed that a charge had thus been created on the policy.

[xiii] Insure Policy Plus Services (India) Pvt. Ltd. v The Life Insurance Corporation of India, 2007(109)BOMLR559

[xiv] Transfer of Property Act, Sanjiva Row, 7 th Edn., 2011, Vol II, Universal Law Publishing Company, New Delhi

[xv] Ghaziabad Development Authority v Union of India, AIR 2000 SC 2003

[xvi] United India Insurance Co. Ltd. v M/s. Pushpalaya Printers, [2004] 3 SCR 631, General Assurance Society Ltd. v Chandumull Jain & Anr., [1966 (3) SCR 500]

[xvii] UNIDROIT Principles, Art 4.3

[xviii] B.L.Sreedhar & Ors. v K.M. Munireddy & Ors., 2002 (9) SCALE 183

[xix] James Miller & Partners Ltd. v Whitworth Street Estates (Manchester) Ltd., [1970] 1 All ER 796 (HL)

[xx] Godhra Electricity Co. Ltd. v State of Gujarat, AIR 1975 SC 32

[xxi] Amalgamated Investment & Property Co. Ltd. v Texas Commerce International Bank Ltd., [1981] 1 All ER 923

[xxii] Smt. Mayawanti v Smt. Kaushalya Devi, 1990 SCR (2) 350

[xxiii] [1939] 3 All ER 566

[xxiv] Terrell v Alexandria Auto Co., 12 La.App. 625

[xxv] http://www.uncitral.org/pdf/english/CISG25/Pamboukis.pdf, last visited on 30 th June, 2014

[xxvi] https://www.phoenixwm.phl.com/shared/eforms/getdoc.jsp?DocId=525.pdf, last visited on 30 th June, 2014

[xxvii] http://www.aba.com/About/Pages/default.aspx, last visited on 30 th June, 2014

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• Best identity theft protection
• Best overall
• Best for complete coverage
• Best for value
• Best for families
• Best for flexibility
• Best for basic coverage

How we review identity theft protection services

Best identity theft protection of may 2024.

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Introduction to Identity Theft Protection Services

The best identity theft protection service is the one that meets your needs at a price you can afford. For example, if your identity has been stolen before, you're more likely to be targeted again. You may need to arm yourself more heavily than you would otherwise with features like dark web monitoring, public records monitoring, and identity theft recovery.

On the other hand, if you're concerned about your children, consider looking for identity protection that offers features for children. Most identity theft protection services in our guide provide features specifically for children, like Aura's hate speech monitoring or IdentityForce's Childwatch, which includes social media monitoring and Child Credit Activity Monitoring.

Our top picks for the best identity theft protection

Best overall: norton 360 with lifelock select, best for families: aura – all-in-one id theft protection, best for complete coverage: identityforce ultrasecure+credit.

• Most well-rounded: IDShield 3 Bureau Individual Plan
• Most flexibility: Identity Guard

Best for basic coverage: PrivacyGuard Identity Protection

How we rank identity theft protection services »

Compare the top identity theft protection services

The best identity theft protection service will be one that meets your needs at the price you're willing to pay. While our system for rating these services is more nuanced than this, at the core of our rating system is the balance between the features provided and the cost of those features. 

Here are the best identity theft protection services as picked by Business Insider editors in 2024. 

Cost:  $17.99 monthly or $179.99 annually

LifeLock is an identity theft protection service operated by Norton, one of the leading brands in cybersecurity. Unfortunately, LifeLock falls short compared to the other products included in this guide. However, the service gains a lot of value when paired with Norton 360, Norton's cybersecurity protection plan. 

Norton 360 with LifeLock offers three plans: Standard, Advantage, and Ultimate Plus. The Standard plan offers the most value for its price and a sizable first-year discount. However, for more serious identity protection, it may be worth upgrading to one of the advanced plans. 

You can read our LifeLock review here. 

Cost:  $29.95 monthly or $299.50 annually

Ultra Secure+Credit is a product of TransUnion, but the +Credit plan also covers Experian and Equifax. It offers broad monitoring capability, including social media accounts, mobile device scanning, and dark web data analysis. It can also alert you of suspicious activity in your banking and investment accounts, in addition to credit-related fraud alerts.

On top of monitoring, Ultra Secure+Credit also offers cybersecurity features such as an online vault for storing sensitive digital documents and a VPN. Ultra Secure+Credit also offers an entry-level plan with most of the same features apart from credit monitoring, which is a good fit for anyone who already has that base covered.

While standard pricing is $29.95 a month, you can rummage around online for IdentityForce discounts. In the past, we've found lower prices by Googling "IdentityForce discount."

You can find our IdentityForce review here.

Best for value: IDShield 3 Bureau Individual Plan

Cost:  Starting at $14.95/month

IDShield offers comparable protection to Ultra Secure+Credit at a lower price if you're paying monthly. You'll get all the essentials like three-bureau credit monitoring, alerts, and various cybersecurity and device protection tools. The few features IDShield lacks (like junk mail removal) aren't essential, so going without them is a reasonable tradeoff if cost is a priority.

One negative of IDShield is that it tends to get lower marks for its interface; if that deters you from using the security features, then whatever you save in monthly fees is nullified. IDShield is a well-rounded plan, but you should test it out with the 30-day free trial.

You can find our IDShield review here.

Cost:  $15 monthly or $144 annually

Aura provides fewer monitoring services than Ultra Secure+Credit and IDShield — it doesn't include social media, for example. It still offers well-rounded protection with monitoring of all three credit bureaus and the standard security tools, as well as email aliases to reduce spam and exposure to data breaches.

Aura All-In-One shines brightest with its couple and family plans, which provide the same protections for additional members (children or adults) at a heavily discounted cost per person. Aura's family plan also offers parental controls for mobile devices. 

You can find our Aura review here.

Best for flexibility: Identity Guard

Cost: $8.99 to $29.99 monthly for individuals, $14.99 to $39.99 monthly for families

Owned by Aura, Identity Guard has three core plans: Value, Total, and Ultra. With a family version for each of these tiers, Identity Guard has six plans overall. Even without the annual discounts applied, Identity Guard's Value plan is the cheapest service on this list. Its more expensive plans are still competitively priced compared to other services on this list, though you'll get a much better deal if you commit to an annual plan. 

One thing to note is that Identity Guard reserves its White Glove fraud resolution service for its Ultra plan, significantly reducing the utility of the Value and Total plans.

You can find our Identity Guard review here. 

Cost: $9.99 per month

PrivacyGuard has some gaps in its identity theft protection . Notably, its credit monitoring feature is a completely separate plan from its identity theft coverage unless you purchase the most expensive bundle. However, we're just recommending the identity protection service alone, as you can fill its credit monitoring gap using other tools that are available for free.

PrivacyGuard provides many services that are harder to replicate without paying, like dark web scanning and public records monitoring at lower prices than its competitors. You'll also get tools to secure your browser and keyboard. PrivacyGuard also provides bank account and credit card monitoring, which are surprisingly scarce features among identity protection services.

You can find our PrivacyGuard review here. 

Identity theft protection cost

The monthly cost of the identity protection services on this list ranges from $12 to $29.95 for their individual plans, though you can find services with prices outside this range on either end. Some of these services will offer family plans at a discounted rate.

Protecting your identity and other sensitive personal information is like protecting your home against fire. Most houses have fire prevention measures baked into their design, including fire-resistant materials, landscaping precautions, and fire hydrant access. You should have early detection and alert systems like smoke, heat, or flame detectors and suppression systems like fire extinguishers and sprinklers. Hopefully, you observe basic fire safety protocols like storing flammable materials properly and not leaving open flames unattended. Finally, you should have fire insurance to protect yourself financially.

None of those measures guarantees your house won't catch fire, but collectively, they mitigate the risk and extent of fire damage. Similarly, identity theft protection doesn't guarantee your personal information will remain secure, but it reduces the likelihood you'll experience the worst outcomes of having your identity stolen. 

Like fire protection, identity theft protection isn't a single measure but an array of complementary measures designed to safeguard your personal information.

Types of identity theft protection

Standard features offered by identity theft protection companies generally fit into one of the following three categories:

• Monitoring and alerts — Given how quickly identity thieves put stolen data to ill use, early detection and warning are critical to minimizing damage. Identity theft detection companies monitor your personal information for suspicious activity and notify you when something is amiss. What you get varies among companies and plans but usually includes monitoring of credit reports, social security numbers, property and court records, and more.
• Security tools — While security measures aren't foolproof, your data is less vulnerable with some of the features that identity theft protection services offer. This includes tools like antivirus and malware protection, a virtual private network (VPN) for safe browsing, and password management.
• Recovery — When your personal information has been compromised, identity theft protection can help you limit further damage by freezing your credit and exposed accounts. It can also help you recover your identity and cover related expenses, though it's unlikely to reimburse direct losses resulting from fraud. 

Identity theft protection and credit monitoring

One identity protection feature to prioritize is reporting from all three major credit bureaus ; many entry-level plans only monitor one bureau, leaving room for suspicious activity to slip through unnoticed. You should also look for a service that gets audited regularly by independent security experts and deletes your information when you cancel your subscription (rather than holding onto it indefinitely).

How to report identity theft

If you suspect your identity has been stolen, your first action should be to freeze your credit reports to prevent the thief from applying for credit in your name. It's free and won't damage your credit. You can always unfreeze your reports later when the dust settles. 

Your next steps to reporting identity theft depend on the nature of the identity theft and any fraud that may have already occurred:

• File an identity theft report: IdentityTheft.gov is a Federal Trade Commission program that will help you create a recovery plan and generate an identity theft report that you can use later as documentation. You can file a report over the phone at 877-438-4338, though you won't receive that identity theft report.
• Report the fraud to involved companies: Notify any banks, credit card issuers, or other companies involved in your identity theft case. The sooner you do this, the better. If you don't report within a certain timeframe, you could be liable for any debts incurred.
• Notify the credit bureaus: Call at least one of the main credit bureaus to let them know your identity has been stolen. The Fair Credit Reporting Act requires credit bureaus to notify the others, and you'll receive a 90-day initial fraud alert , which means creditors have to take reasonable steps to verify the identity of anyone applying for credit under your name. Later, with an identity theft report, you can extend the fraud alert to seven years.
• Contact law enforcement: Depending on the situation, you may want to file a police report, especially if you know who stole your identity. Some creditors may also require you to file a report with law enforcement.

If your Social Security number has been compromised, and you continue to have issues with identity theft, you may be eligible to get a new Social Security number . However, the requirements for a new Social Security number are high. You need to have been repeatedly targeted by identity thieves or in situations of harassment, abuse, or life endangerment. You'll need to contact your local Social Security office and arrange an in-person appointment.

How to prevent identity theft

While an identity protection service will make it harder for hackers and identity thieves to use your identity, Eva Velasquez, founder and CEO of the Identity Theft Resource Center, says that "hiring a service does not mean you can or should abdicate all responsibility for good identity and cyber hygiene." She says that many financial organizations may refuse to reimburse victims if they determine the victims didn't take sufficient care of their credentials and accounts.

Because identity theft is often a crime of opportunity, taking steps to reduce the risk of identity theft can go a long way toward preventing it entirely. You can do a lot to protect your personal information by practicing good data hygiene and staying vigilant about how your information is used and distributed. Simple steps like using strong passwords and antivirus software, securing your mail, and regularly reviewing account statements for suspicious activity will help you prevent and detect identity theft.

You can also look into various products beyond identity theft protection to prevent identity theft. You ask the credit bureaus to  freeze your credit  or place a fraud alert on your  credit reports , preventing identity thieves from borrowing money using your credit. These are free services offered by credit bureaus.

Those practices, combined with well-rounded identity theft protection, will significantly reduce the risk of having your personal information compromised.

We interviewed identity theft experts to inform our picks for the best identity protection services. These answers have been edited for concision. Here's what they had to say:

Is it worth it?

Eva Velasquez, CEO and president of the Identity Theft Resource Center:

Paid identity protection services can have value for individuals and families that have the financial means to pay for the services. These services can take some of the leg work out of monitoring your identity and the recovery process should an identity crime occur. I often use the analogy of hiring a pet groomer or grooming my dog myself. I can bathe and groom my dog for "free," but I do have to consider the cost of the shampoo, tools, water, and my time versus hiring someone to do it for me. Both are legitimate ways to meet the need but depend on my personal preference.

Before you purchase, make sure that you don't already have this benefit available to you. Some homeowners or renters insurance plans have riders that provide this coverage. Some employers offer these services as an employee benefit for free or at a discount. Some membership organizations you already belong to may also offer this as a benefit at a reduced cost.

Jeanne Kelly, credit coach and founder of The Kelly Group:

Absolutely. It is crucial to recognize that even if you are cautious about sharing your personal information, it is still stored in various databases, such as those of financial institutions, schools, and medical offices. Therefore, having identity theft protection ensures that you are promptly alerted in case of any issues and provides professional assistance in restoring your identity.

Paul Kim, editor at Business Insider: 

Identity protection can be a nice thing to have for peace of mind. However, most people don't need to spring for the fanciest, most expensive plan out there. Some of the cheaper plans, plus a little vigilance on your part, will often do the trick. 

How do I determine the level of identity protection I need?

Ask yourself the following questions: How many people do I intend to cover? What are the ages of the individuals needing services? Do they have access to, and can they make effective use of digital platforms? How digitally engaged are they? Make sure you purchase coverage that meets your individual needs.

For example, if you purchase a family plan with features including cyberbullying monitoring, is that something you currently need? Are your children of an age that they are engaged online, and this feature is helpful? If you have plans available through an employee benefits program or insurance policy, ask your benefits administrator or insurance broker for assistance in determining the level of coverage that is most suitable for you.

Kelly: 

Conduct thorough research to understand the available options. It is not sufficient to rely solely on receiving alerts. It is essential to find an identity theft protection service that not only notifies you but also offers robust support in resolving identity theft issues. Think of it as having an alarm system that also sends help when triggered. Look for services that provide the expertise of private investigators to assist you throughout the identity restoration process.

When shopping for identity protection, you should think about how much of a risk identity theft poses. Obviously, everyone can be targeted, but some people are at higher risk. Certain states have higher rates of identity theft than others. Additionally, people who were victims of identity theft are more likely to be targeted than those who have never had their identities stolen.  

What are the most important identity theft protection features?

Transparency. This is an individual choice. The important features are going to vary based on the individual. However, a service that is transparent about what it covers and what it does not is key. Make sure you read all the information to understand what is covered, how the service is provided, and the limitations of the service, if any. Read the terms of any insurance plans carefully and ensure you understand what losses are actually covered and what your duty of care or other obligations are to seek reimbursement for losses.

One crucial feature is the ability to grant power of attorney or authorization for someone else to handle the intricate process of restoring your identity. Dealing with identity theft can be incredibly time-consuming, often requiring hundreds of hours. By having experts handle the work on your behalf, you can save valuable time and ensure that the restoration process is handled effectively. It is crucial to proactively obtain identity theft protection before any issues arise.

Two features I look out for are dark web monitoring and court records monitoring because it's difficult to replicate these yourself. If you're looking for basic identity protection that may not offer every type of monitoring, ensure that the service will at least monitor the dark web and court records. 

What makes an identity theft protection service good?

In addition to my response above, also read consumer reviews and look at third-party accreditation sites such as the Better Business Bureau. Reading reviews will allow you to determine if there is a pattern of behavior that demonstrates poor customer experience. While no company is going to be perfect, seeing how they resolve customer complaints and issues will be useful in making your determination to do business with them.

A good identity theft protection service should monitor multiple aspects of your identity, including your social security number, driver's license, passport ID, medical card, social media accounts, and address changes with the postal service. Remember, identity theft encompasses more than just credit-related fraud. For instance, if someone gains access to your medical ID or driver's license number, they can exploit it to receive medical services or cash checks under your identity. Therefore, ensure that the service you choose monitors these essential areas. Additionally, in the event of an identity theft incident, make sure the service provides comprehensive support for identity restoration.

The identity protection services I pay particular attention to will offer solutions for the before, during, and after of identity theft. So, it'll offer features that protect your identity before any theft occurs, like cybersecurity measures and VPNs. The identity protection service will also provide identity monitoring to alert you when identity theft occurs. Lastly, a good identity protection service will have restoration experts who will guide you through the process of recovering your identity. Ideally, they'll do most of the work for you.

How we rate identity theft protection services

We rate services on a scale from one to five stars, with five being the highest. We apply these ratings to the overall service and the individual plans it offers. 

Provided features (45%)

Most identity theft protection services will boast a long list of features that they provide. You will likely never notice some of these features running in the background, such as home title monitoring. Others, you'll be able to achieve for free elsewhere, such as credit freezes .

When we look at a service's features, we pay attention to particular features that make or break a protection service. We also look at any unique features that a service provides, making it stand out from other services.

Fraud resolution (20%)

Identity monitoring matters little if a service doesn't also provide tools to help you recover your identity . That's why it's so important that your identity theft protection service has some form of fraud resolution. Many services also offer lost wallet protection, which assists you in making all the necessary cancellations and replacements that come with losing your wallet or having it stolen.

Ideally, a service will provide a fraud resolution expert dedicated to your profile if dealing with a stolen identity. This person will help you navigate the process of recovering your identity and assets. They'll also help you contact the three major credit bureaus and any other involved parties to report identity theft .

It's also important to ensure that your identity theft protection service has some form of identity insurance that will help you cover any monetary losses due to fraud.

Dark web and court records monitoring (10%)

While some features that identity theft protection services perform can be done on your own or found in other services, dark web monitoring and court records monitoring are particularly hard to find elsewhere.

Dark web monitoring scans the dark web (which you likely do not know how to access) to see if anyone is selling your personal information. Court records monitoring scans public records for your information in case anyone has given your information in their criminal case. 

Credit monitoring capabilities (5%)

Credit monitoring is a cornerstone of all identity theft protection services, alerting you of any changes to your credit report. Any unexpected updates in your credit report, like a new line of credit , are likely signs of identity theft. 

While the presence of credit monitoring capabilities is important in securing your identity, we've deprioritized it in our ratings. This is because you can find free credit monitoring services that will provide you with the same monitoring and credit reports that you'd pay for with some of these services. You can also request a  free credit report weekly from each of the three credit bureaus. 

You can find our list of the best credit monitoring services here. 

Unique features (10%)

The truth of identity protection is that most services are very similar to each other in what they offer. What distinguishes certain services are standouts that catch our eye.

For example, PrivacyGuard identity theft protection service includes a credit score simulator, which will give you a rough estimate of how your credit score will change with certain actions, such as a new loan. More cybersecurity-focused services, will include a VPN, secured document storage, and anti-malware protection.

Some services that offer family plans will also have parental features, such as social media monitoring. Some services will also monitor your children's online activity for cyberbullying or hate speech. Other plans, such as Identity Guard , feature an optimized mobile experience, providing users with peace of mind while on the go.  

Price of service (45%)

Tiered plans (35%)

Ultimately, many identity theft protection services offer very similar features. Because so many services often perform very similar functions, the main distinguishing factor between these services is how much they cost. Many services will spread their array of features across different plans that get progressively more expensive the more protection it offers. 

For example, many services will include credit monitoring for one bureau in their basic tier and reserve three-bureau monitoring for their premium tier. Other services may give you dark web monitoring in the basic tier but withhold court records monitoring for higher tiers.

We prefer services that include their entire catalog of features in one overarching plan, like Aura identity theft protection. However, this doesn't necessarily mean that tiered services are bad. If you only need to reduce the risk of identity theft to a certain level, there's no need to pay a premium price when the basic plan will suffice. 

Group plans (10%)

Family plans and couples plans will give you and your loved ones the same level of protection for a discounted price. These services, such as those offered by IdentityIQ , also come with family-specific features tailored to monitoring your children's identity and online activity. 

Customer support (10%)

While price and features are the two most important factors we use to judge an identity theft protection service, we also recognize these services as businesses that need to be responsive to their customers. 

When we talk about customer support, we're looking aspects like cancellation policies, annual membership discounts, and free trials. We also look at a business's Better Business Bureau score to evaluate how they respond to customer complaints. 

We also look to see if there are any necessary qualifications to enroll in a service. Some credit cards have identity theft protection  that are only available to their cardholders, such as American Express CreditSecure. Another example is Complete ID, which is only available to Costco members.

What to know about identity theft protection service ratings

Our system for rating identity theft protection services balances the price of the service with the features that the service provides. It also acknowledges that these services are businesses that must be responsive to customers. 

While we can analyze these services on a tangible, quantifiable level, the best identity theft protection service is one that you'll actually use. A service may not have the most features, but if that service inspires you to be more proactive about protecting your information, that's a selling point. The next step is finding out how to get identity theft protection  that works for you.

Included in our guide on the best identity theft protection services is our expert panel, consisting of experts in identity theft protection and credit. Eva Velasquez, CEO of the Identity Theft Resource Center and one of the members of our expert panel, recommends considering several questions about your specific situation. You should consider how many people you're covering, their ages, and how digitally engaged they are. "Make sure you purchase coverage that meets your individual needs," Velasquez says.

Identity theft protection services can protect you from fraud that can cost you thousands of dollars.  If your identity is stolen, you can lose money and time and may find it really difficult to obtain loans, credit cards, and other financial products. 

Identity theft services can help with the financial costs associated with identity theft incidents. It can also help you report the crime and may even catch it earlier to reduce the amount of damage that identity theft can inflict. 

Child identity theft can damage your child's financial future. Aura has a comprehensive family plan that allow parents to protect their children's identity and monitor their online activity. Aura's family plan covers five adults and unlimited children.

All the identity protection services above will apply to all demographics. That said, it might be worth your time to look into LifeLock, which offers a sizable discount to AARP members for their first year. 

The best identity theft protection service depends on what you're looking for in identity protection. That said, Norton 360 with LifeLock is the best overall identity theft protection service for its cybersecurity functions and identity protection. It's also on the more expensive side of this list, so consider other options if you want a cheaper service.

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Kia, Hyundai theft settlement funds coming to New Yorkers: Are you eligible?

Packets filled with information about Kia and Hyundai's theft settlement and what that could mean for eligible vehicle owners are landing in New Yorkers' mailboxes.

Consumers filed a class action lawsuit in August 2022 , claiming certain model year Kia and Hyundai vehicles were not equipped with engine immobilizers, which made them susceptible to theft and damage,. Both companies reached a voluntary $145 million settlement in May 2023 and the court gave preliminary approval to the settlement several months later.

Here's what to know about the proposed settlement and if you may be eligible to receive some money as a result.

Which vehicles are eligible for settlement money?

If you purchased or leased any of these Kia or Hyundai vehicles in the U.S. and they weren't equipped with an engine immobilizer, you may benefit from the settlement:

• 2011-2021 Kia Forte, Kia Rio or Kia Sedona
• 2021-2022 Kia K5 or Kia Seltos
• 2011-2020 Kia Optima
• 2011-2022 Kia Sorento, Kia Soul, Kia Sportage, Hyundai Accent, Hyundai Elantra, Hyundai Tucson or Hyundai Santa Fe
• 2013-2014 Hyundai Elantra Coupe
• 2013-2020 Hyundai Elantra GT
• 2011-2012 Hyundai Elantra Touring
• 2011-2014 Hyundai Genesis Coupe
• 2018-2022 Hyundai Kona
• 2020-2021 Hyundai Palisade
• 2013-2018 Hyundai Santa Fe Sport
• 2019 Hyundai Santa Fe XL
• 2011-2019 Hyundai Sonata
• 2012-2017, 2019-2021 Hyundai Veloster
• 2020-2021 Hyundai Venue
• 2011-2012 Hyundai Veracruz

Which vehicles are eligible for free software upgrades?

Certain Kia and Hyundai vehicles may be eligible for free software upgrades to prevent locked vehicles from starting without a key, which is a popular theft method on social media.

Those who purchased or leased the eligible vehicles may also be reimbursed up to $50 per vehicle if you purchased a steering wheel lock or equivalent device at least 30 days before the software upgrade was made available.

Here's which vehicles are eligible:

• 2014-2021 Kia Forte
• 2012-2021 Kia Rio
• 2011-2021 Kia Sedona
• 2011-2022 Kia Sorento, Kia Sportage, Hyundai Elantra or Hyundai Tucson
• 2020-2022 Kia Soul
• 2018-2022 Hyundai Accent or Hyundai Kona
• 2013-2014 Hyundai Genesis Coupe
• 2020-2021 Hyundai Palisade or Hyundai Venue
• 2013-2022 Hyundai Santa Fe

Car thefts: Lawsuit against Kia, Hyundai to be filed by Rochester

Other benefits you might be eligible for

If you purchased or leased a Kia or Hyundai vehicle ineligible for a free software upgrade, you could be reimbursed up to $300 per vehicle for the purchase and/or installation of a steering wheel lock, glass breakage alarm or similar anti-theft system or aftermarket modification designed to deter or prevent theft.

Here's which vehicles are eligible for the reimbursement:

• 2011-2015 Kia Forte
• 2011-2021 Kia Rio or Kia Soul
• 2011-2014 Kia Sportage
• 2014 Kia Sedona
• 2011-2017 Hyundai Accent
• 2011-2012 Hyundai Elantra Touring, Hyundai Genesis Coupe, Hyundai Santa Fe, or Hyundai Veracruz

Here's how much money you may get

You can also make claims for certain out-of-pocket and uncompensated losses from receiving a software upgrade and/or experiencing a qualifying theft or qualifying theft attempt.

A "qualifying theft" is the theft of a vehicle through forcible entry and breach of the ignition system and a "qualifying theft attempt" is attempted theft through forcible entry and either the attempted dismantling of the steering column or attempted breach of the ignition system.

Eligible losses include:

• The total loss of an eligible vehicle as a result of a qualifying theft or qualifying theft attempt could get you up to 60% of the Black Book value for the total loss.
• Reimbursement up to $3,375 or 33% for damage to an eligible vehicle from each qualifying theft or qualifying theft attempt and/or for the value of personal property stolen or damaged during one of those events.
• If you paid for insurance deductibles or increased insurance premiums for insurance policies that include theft coverage as a result of a qualifying theft or qualifying theft attempt, you could receive up to $375 .
• Reimbursement up to $250 for other expenses , like transportation, towing, speeding or red light tickets resulting from a qualifying theft or qualifying theft attempt.
• Up to $250 combined for lost income and child care expenses from time spent getting the software upgrade.
• Reimbursement of OEM-issued key fobs purchased at the direction of the Kia or Hyundai dealership — cap of $350 per key fob with a limit of up to two key fobs per eligible vehicle.

'When is it going to stop?': Rochester is desperate for car theft solution. What will work?

How to file a claim, exclude yourself or object to settlement

The only way you can get compensation for your theft-related losses is to submit a claim form, according to Kia and Hyundai's settlement websites.

To file a claim, by Jan. 11, 2025, you can either:

• Visit kiatheftsettlement.com/submit-claim or hyundaitheftsettlement.com/submit-claim
• Send your claim in by mail to Kia Theft Settlement or Hyundai Theft Settlement at P.0. Box 6609 East Brunswick, NJ 08816

You will need supporting documentation, such as proof of ownership and documentation of any prior reimbursement, and possibly proof of qualifying theft or qualifying theft attempt; total loss; qualifying loss; or purchase and/or installation of an anti-theft system.

You also have the choice to exclude yourself from the settlement, which means getting no payment, or object to the settlement, both of which need to be completed by May 3, 2024.

When might you see the money?

Payments will be made if the court approves the settlement and after any appeals are resolved. The final approval hearing is July 15, 2024.

Want more information? Visit kiatheftsettlement.com or hyundaitheftsettlement.com , call 844-966-2773 or email [email protected] or [email protected].

Emily Barnes is the New York State Team consumer advocate reporter for the USA TODAY Network. Contact Barnes at  [email protected]  or on Twitter  @byemilybarnes .

Bill to address insurance crisis in California advances in the Senate with the approval of key committee

Sacramento, CA— Today, the Senate Committee on Insurance passed a crucial bill to address the skyrocketing cost and dwindling availability of insurance in California.

SB 1060, the Fire Insurance Risk Evaluation Act (FIRE Act), by Senator Josh Becker (D-Menlo Park), requires property insurers to consider the wildfire risk reduction benefits of hazardous fuel reduction, home hardening, defensible space, and other fire prevention activities by incorporating these mitigation activities into insurance underwriting models. In doing so, the FIRE Act will allow insurance customers to benefit from the significant investments that California has made to reduce wildfire risks.

“Our state is facing an unprecedented crisis of skyrocketing insurance rates and insurance companies canceling policies or leaving the state altogether because of the added risk of extreme wildfires caused by climate change,” said Becker . “The FIRE Act has a simple and fair premise: If you do the work and invest in home hardening, defensible spaces, and forest treatment, you should get credit for that. The FIRE Act incentivizes lowering wildfire risk, which could lower insurance losses and make insurance more available.”

To address the insurance crisis, insurance underwriting models should account for the mitigation benefits of the billions being invested in forest treatment, home hardening and defensible space. A 2021 study published by The Nature Conservancy and global insurance broker Willis Towers Watson found forest treatment reduced modeled average annual insurance losses for a community of 81,000 homes by 40-60% and could save a total of $21 million annually by reducing insurance losses. By directing property insurers to incorporate wildfire risk reduction associated with hazardous fuel reduction, home hardening, defensible space, and other fire prevention activities in underwriting risk models, SB 1060 will ensure that underwriting models fairly give credit for the billions of dollars that California has invested in wildfire resilience, forest health, and community protection. In doing so, this bill will result in more available insurance coverage for Californians.

SB 1060 is sponsored by The Nature Conservancy. It now heads to the Senate Appropriations Committee for its consideration.

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Press Release  Attorney General's Office Announces Charges Against Suffolk County Man On Identity Theft And Insurance Fraud-Related Larceny

Media contact   for attorney general's office announces charges against suffolk county man on identity theft and insurance fraud-related larceny, caroline kenney, press assistant.

Boston — The Attorney General’s Office announced charges against Richard N. Martell, of Boston, for one count of Identity Theft and one count of Larceny over $1,200 related to an insurance fraud scheme he perpetrated while working as an insurance agent for American Family Life Assurance Company of Columbus (Aflac). Martell was arraigned in Suffolk Superior Court on April 8, 2024, pleading not guilty to all charges.  

Between April 2018 and November 2019, Martell is alleged to have created numerous fake insurance policies to induce Aflac to pay him a sales commission on each policy sold. Martell established more than 270 insurance policies using the personally identifiable information of 64 individuals, many of whom are Massachusetts residents. These individuals did not consent to the use of their information, did not authorize Martell to issue insurance in their name, and in many instances were not aware that Martell had access to their information.   

Additionally, Martell established Aflac payroll accounts for small businesses across the Commonwealth without the company owner’s knowledge by impersonating more than 30 business owners during account authorization phone calls. Upon discovering Martell’s fraudulent sales and activity, Aflac notified the Massachusetts Insurance Fraud Bureau, which upon further investigation, confirmed multiple victims’ lack of knowledge of the use of their personally identifiable information. As a result of the scheme, Martell collected approximately $45,000.00 in unearned sales commissions.    

Martell was released on personal recognizance and ordered to have no contact direct or indirect with alleged victims and witnesses. He is next due in court on May 20, 2024, for a pre-trial conference.     

This matter is being handled by Division Chief Mary H. Nguyen, Assistant Attorney General Emma Kratochvil, and Criminal Investigator Patrick Cooney all of the AG’s Insurance and Unemployment Fraud Division, along with Victim Witness Advocate Ceara Tavares of the AG’s Victim Service Division and Investigators at the Massachusetts Insurance Fraud Bureau.  

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How G.M. Tricked Millions of Drivers Into Being Spied On (Including Me)

This privacy reporter and her husband bought a Chevrolet Bolt in December. Two risk-profiling companies had been getting detailed data about their driving ever since.

By Kashmir Hill

Kashmir Hill is a technology reporter who has been covering the privacy implications of connected cars, including her own.

Automakers have been selling data about the driving behavior of millions of people to the insurance industry. In the case of General Motors, affected drivers weren’t informed, and the tracking led insurance companies to charge some of them more for premiums. I’m the reporter who broke the story . I recently discovered that I’m among the drivers who was spied on.

Listen to this article with reporter commentary

My husband and I bought a G.M.-manufactured 2023 Chevrolet Bolt in December. This month, my husband received his “consumer disclosure files” from LexisNexis Risk Solutions and Verisk, two data brokers that work with the insurance industry and that G.M. had been providing with data. (He requested the files after my article came out in March, heeding the advice I had given to readers.)

My husband’s LexisNexis report had a breakdown of the 203 trips we had taken in the car since January, including the distance, the start and end times, and how often we hard-braked or accelerated rapidly. The Verisk report, which dated back to mid-December and recounted 297 trips, had a high-level summary at the top: 1,890.89 miles driven; 4,251 driving minutes; 170 hard-brake events; 24 rapid accelerations, and, on a positive note, zero speeding events.

I had requested my own LexisNexis file while reporting, but it didn’t have driving data on it. Though both of our names are on the car’s title, the data from our Bolt accrued to my husband alone because the G.M. dealership listed him as the primary owner.

G.M.’s spokeswoman had told me that this data collection happened only to people who turned on OnStar, its connected services plan, and enrolled in Smart Driver, a gamified program that offers feedback and digital badges for good driving, either at the time of purchase or via their vehicle’s mobile app.

That wasn’t us — and I had checked to be sure. In mid-January, again while reporting, I had connected our car to the MyChevrolet app to see if we were enrolled in Smart Driver. The app said we weren’t, and thus we had no access to any information about how we drove.

But in April, when we found out our driving had been tracked, my husband signed into a browser-based version of his account page, on GM.com, which said our car was enrolled in “OnStar Smart Driver+.” G.M. says this discrepancy between the app and the website was the result of “a bug” that affected a “small population” of customers. That group got the worst possible version of Smart Driver: We couldn’t get insights into our driving, but insurance companies could.

Many G.M. owners have reached out with similar accounts since my article appeared. Jenn Archer of Illinois bought a Chevy Trailblazer in April 2022. She didn’t subscribe to OnStar and had never heard of Smart Driver, but last month discovered that LexisNexis had her driving data.

“I was furious,” she said. In the last two years, her insurance rate has increased by 50 percent.

In 10 federal lawsuits filed in the last month, drivers from across the country say they did not knowingly sign up for Smart Driver but recently learned that G.M. had provided their driving data to LexisNexis. According to one of the complaints, a Florida owner of a 2019 Cadillac CTS-V who drove it around a racetrack for events saw his insurance premium nearly double, an increase of more than $5,000 per year.

At no point had these drivers been explicitly informed that this would happen, not even in the fine print, they said. New reporting reveals the cause: a misleading screen that these people would have briefly seen when they bought their cars — if their salesperson showed it to them.

“G.M. established the Smart Driver program to promote safer driving for the benefit of customers who choose to participate,” said a company spokeswoman, Brandee Barker. “Based on customer feedback, we’ve decided to discontinue the Smart Driver product across all G.M. vehicles and unenroll all customers. This process will begin over the next few months.”

Last month, G.M. stopped sharing data with LexisNexis and Verisk — giving up annual revenue in the low millions, an employee familiar with the contracts said. The company also hired a new chief trust and privacy officer.

“Customer trust is a priority for us, and we are showing that in our actions,” Ms. Barker said.

How It Happened to Me

According to G.M., our car was enrolled in Smart Driver when we bought it at a Chevrolet dealership in New York, during the flurry of document-signing that accompanies the purchase of a new vehicle. That this happened to me, the rare consumer who reads privacy policies and is constantly on the lookout for creepy data collection, demonstrates what little hope there was for the typical car buyer.

To find out how it happened, I called our dealership, a franchise of General Motors, and talked to the salesman who had sold us the car. He confirmed that he had enrolled us for OnStar, noting that his pay is docked if he fails to do so. He said that was a mandate from G.M., which sends the dealership a report card each month tracking the percentage of sign-ups.

G.M. doesn’t just want dealers selling cars; it wants them selling connected cars.

Our Bolt automatically came with eight years of Connected Access, a feature we didn’t know about until recently. It allows G.M. to send software updates to our car but also to collect data from it — actions consented to during OnStar enrollment.

Our salesman described the enrollment as a three-stage process that he does every day. He selects yes to enroll a customer in OnStar, then yes for the customer to receive text messages and then no to an insurance product that G.M. offers and that monitors how you drive your car. (This sounds similar to Smart Driver, but it is different.)

He does this so often, he said, that it has become automatic — yes, yes, no — and that he always chooses no for the last one because that monitoring would be a nuisance for customers.

Ms. Barker, the G.M. spokeswoman, said that dealers are not permitted to sign customers up and that the customer must be the one to accept the terms. At my request, she provided the series of screens that dealers are instructed to show customers during the enrollment for OnStar and Smart Driver. There is a message at the top of each screen: “The customer must personally review and accept (or decline) the terms below. This action is legally binding and cannot be done by dealer personnel.”

The flow of screens was almost exactly as my salesman described, except for the second one about receiving messages, which he said he always hits “yes” on. That screen wasn’t just about accepting messages from G.M.; it also opted us into OnStar Smart Driver.

It’s a screen that my husband and I do not recall seeing — presumably because our salesman filled it out for us as part of his standard procedure.

The Forgettable Screen That Enrolled Millions

I drove to the dealership — in my Bolt, appropriately — to ask about this, and a more senior salesman said they always have the customers accept the terms themselves.

Maybe our salesman misspoke on the phone and my husband and I have forgotten a moment during our car purchase when we were asked to tap “yes” on this screen. I can’t say with certainty.

What I can say is that, regardless of who pushed the consent button, this screen about enrolling in notifications and Smart Driver doesn’t say anything about risk-profiling or insurance companies. It doesn’t even hint at the possibility that anyone but G.M. and the driver gets the data collected about how and where the vehicle is operated, which it says will be used to “improve your ownership experience” and help with “driving improvement.”

I showed the screen, used to enroll millions of people in Smart Driver, to a series of information design experts.

“What you showed me does not at all disclose clearly how G.M. or OnStar benefits from the use and sale of your info,” said Jen King, an information privacy expert at Stanford University. “Including it during the purchase process appears to be a conscious decision to get high conversion rates.”

Harry Brignull, author of “Deceptive Patterns: Exposing the Tricks Tech Companies Use to Control You,” said: “In these sorts of agreements, they need to be very clear about the true function of it. Otherwise, users won’t understand what it is they’re opting into.”

Ms. Barker said G.M.’s terms and privacy statement allowed the company to share information with “third parties” — legalese that people agree to on the first screen the salesman was instructed to show us. That wouldn’t seem, however, to meet G.M.’s own bar for such sensitive information.

A decade ago, G.M. and other major automakers made a commitment to the Federal Trade Commission to provide “clear, meaningful and prominent” notice about the collection of driver behavior information, including why it is collected and “the types of entities with which the information may be shared.”

Moreover, this innocuous-sounding data-collection program appears alongside a request to send important-seeming notifications about, among other things, “issues with your car’s key operating systems.” To get them, you have to accept the other.

Kate Aishton, a lawyer who advises companies on data and privacy practices, deemed the process poorly designed for obtaining actual user consent, particularly since it takes place in a high-pressure sales environment. She was sympathetic to salespeople who were given an incentive to sign G.M. customers up for this without realizing the consequences.

“Their job is to sell cars. It’s not to understand the details of privacy products,” she said. “Passing the buck on to that blind person, if there hasn’t been a really specific education on it, would be pretty unfair.”

Smart Driver 2.0

A former G.M. employee who worked on the company’s data engineering team said he was not surprised that drivers did not understand what data was being collected from their cars and where it was going.

G.M., he said, gets data from all of its internet-connected cars. Some of that data collection benefits drivers, such as monitoring of vehicle health. For example, if a particular model has a transmission issue, he said, G.M. can see from vehicle data which specific cars are experiencing the problem and send their owners a targeted recall.

In recent years, he said, G.M. began analyzing other driving behavior besides speeding, braking and acceleration. An internal G.M. document from 2021, which was reviewed by The New York Times and which said more than eight million vehicles were “opted in” to Smart Driver at that time, described a new version of the program called “Smart Driver 2.0.” This version tracked hard cornering, forward collision alerts, lane-departure warnings and seatbelt reminders; these metrics were being used to price policies for drivers using G.M.’s own insurance plan, then called OnStar Insurance, but don’t seem to have been shared with LexisNexis and Verisk.

Still, these in-vehicle alerts, intended to help people drive more safely, became a measuring stick for how risky they were as drivers.

A new car, like mine, has hundreds of sensors, the former employee said, so even just a 15-minute trip creates millions of data points, including GPS location — all of which is broadcast in near real time to G.M. He expressed concerns about the insurance industry’s use of this data because it lacked context about the situation that might have led a driver to slam on the brakes or swerve out of a lane.

Turning It Off

Asked how consumers can turn off G.M.’s digital access to their cars, a spokeswoman said customers could “disable all data collection” by contacting an OnStar adviser through the blue button in their vehicle or by calling the OnStar customer service line .

Some drivers have said on online forums that they don’t trust G.M. to stop remotely tracking their cars, and instead offer D.I.Y. advice for opening up the car’s electrical guts to remove the OnStar module.

Andrea Amico , founder of Privacy4Cars, a company that makes a tool to erase personal data from vehicle infotainment systems, said a line needed to be drawn between technical data from a vehicle — like that used to trigger recall notices — and personal data about drivers, such as how and where they drive, which should belong to them, not the automaker.

Beyond privacy issues, Mr. Amico pointed out that the driver behavior reports that LexisNexis and Verisk were creating were inaccurate — tracking my driving, for example, on my husband’s report.

“The fact that they cannot reconcile who gave consent and whose data it is,” he said, “is very problematic .”

Read by Kashmir Hill

Audio produced by Jack D’Isidoro .

Kitty Bennett and Jack Begg contributed research.

Kashmir Hill writes about technology and how it is changing people’s everyday lives with a particular focus on privacy. She has been covering technology for more than a decade. More about Kashmir Hill

Los Angeles Angels designate Aaron Hicks for assignment

ANAHEIM, Calif. -- Aaron Hicks was designated for assignment by the Los Angeles Angels on Monday after batting .140 in 18 games.

Hicks was 8-for-57 with the Angels and had only one hit in his last 19 at-bats.

"We just thought we needed to start making some changes," manager Ron Washington said before Monday night's game against the Philadelphia Phillies . "I love Aaron Hicks and I appreciate what he did during the time he was here, but it was time to move on."

Hicks signed a one-year deal with the Angels in late January. He started only two of the past six games after Jo Adell took over as the starting right fielder.

The 34-year-old Hicks spent last season with the New York Yankees and Baltimore Orioles . He joined the Orioles last May after he was released by the Yankees, where he spent parts of eight seasons.

Hicks appeared to revive his career with Baltimore, batting .275 in 65 games for the American League East champions.

The Angels have lost five straight and are 3-9 at home.

"We're not trying to give a message to anyone that if you don't do this and if you don't do that, you won't be here. But if they don't do this and they don't do that, then they won't," said Washington, who is in his first season leading the Angels and celebrated his 72nd birthday Monday.

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• HICKS AARON
• LOS ANGELES-ANGELS

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