Saturday, February 18, 2012

Allstate checking driving records of homeowners' insurance applicants

Feb. 7, 2012, 3:16 p.m. PST

McClatchy/Tribune - MCT Information Services
CHICAGO _ If you're a lousy driver, are you also more likely to be a mishap-prone homeowner?
Allstate Corp. believes there's a correlation.
The Northbrook, Ill.-based company confirmed that it has begun considering the driving records and auto-claims history of people who apply for a new homeowners' product in Oklahoma called House & Home.
House & Home, introduced in the Sooner State last October, effectively could make homeowners pay more of the cost of their roof repairs. Allstate said last week it plans to roll it out to additional states through 2014. Speaking to investors last week, Allstate Chief Executive Tom Wilson said House & Home could help the company reach its target of a 13 percent return on equity by 2014. Allstate's ROE, calculated by dividing net earnings by shareholders equity, was 4 percent at year end.
An Allstate spokesman confirmed Tuesday that House & Home marks the first time the nation's second-biggest home and auto insurer has used a potential policyholder's driving records and auto-claims history when giving quotes on home coverage.
"There's a strong correlation between auto-loss history and the likelihood of covered homeowners' losses," he said. "Allstate's new homeowners' product recognizes this correlation and rewards customers with good auto-loss histories with lower homeowner rates."
Most of Allstate's homeowner customers also have their autos insured with the company, so they might see a better overall rate for the household, the spokesman said.
Allstate's biggest rival, Bloomington, Ill.-based State Farm, doesn't use driving records or auto claims records to determine homeowners' pricing or eligibility, State Farm spokeswoman Missy Dundov said.
When Allstate introduced House & Home last October, it anticipated that homeowners might ask their agents why they're so interested in their driving histories.
So Allstate prepared talking points for the agents: "Research shows there is a strong relationship between auto and homeowners' losses and that a person's driving history can be a predictor of an individual's loss potential with their home," according to Allstate documents obtained last week by the Chicago Tribune. "The better your driving record, the better the price may be compared to someone with a poor driving record and multiple auto claims."
Unless other carriers follow Allstate's lead, the House & Home product could be a tough sell, said Jim Fish, executive director of the National Association of Professional Allstate Agents Inc.
For one thing, generally speaking, House & Home provides replacement cost coverage if the roof is less than 10 years old. Otherwise, it might pay only the actual cash value of the roof, documents show.
"If an Allstate agent is up against a carrier that pays full replacement cost on roofs, offers a reasonable deductible and doesn't make the customer jump through hoops, he probably won't make that sale," Fish said.
As for House & Home's linking driving records to homeowners' quotes, Fish said he understands Allstate's logic that careless drivers are more likely to be careless homeowners.
"But we also see consumers scratching their heads over the need to disclose information that is seemingly unrelated to the purchase of property insurance," he said.
Many businesses, including insurers, use all types of information, such as credit scores, to influence everything from whether someone should be hired to how much they should pay for insurance.
Social media also present opportunities for insurers. Trawling for information on Facebook, Twitter and other sites can enable underwriters and claims professionals to track individuals' lifestyles, experiences and habits, letting them see, for example, if a policyholder claiming a serious injury has just posted a photo of himself or herself engaged in physical activity.

Friday, February 3, 2012

Life Sentence Upheld for Man Who Pleaded to Ninth DWI

PARKER COUNTY — A Parker County jury’s life sentence for George Michael Carter’s ninth DWI conviction was upheld Jan. 26 in the Second District Court of Appeals in Fort Worth.

“Our jury sent a very strong message about how they felt about repeat drunk drivers,” said Assistant District Attorney Jeff Swain, who tried the case along with Assistant District Attorney Nikki Morton. “We are glad that their verdict was affirmed on appeal. To date, in my 16 years as a prosecutor, I still have not seen a DWI case with a defendant with a higher blood test than this defendant.”

Carter, 55, who pleaded guilty to a felony DWI, appealed the jury’s November 2010 sentence on three technical points. One point was overruled because Carter failed to “object to prior and subsequent arguments that he did not want to change and did not care renders any possible error harmless,” the memorandum opion states.

“If the court had agreed with the defense argument, the maximum sentence the defendant could have received would have been 20 years,” said Assistant District Attorney Eddy Lewallen, who handled the appeal for the prosecution. “Fortunately, the law was on our side on that issue.”

The appellate court also overruled complaints that Carter should receive a new trial due to the closing argument of the prosecution where it was argued that he either did not care about driving drunk or did not want to change.

Carter had three prior misdemeanor DWIs and five prior felony DWIs in Tarrant County when he pleaded guilty. His first DWI in Parker County occurred in 2009, assistant district attorney Jeff Swain told the Democrat previously.

In the trial, jurors heard eyewitnesses testify that they saw Carter driving northbound on Bethel Road and drive into the ditch on both sides of the road twice each before he ran head-on into a pipe fence. One of the witnesses, a defensive driving instructor, told jurors that he thought that he might be hit, so he pulled over onto the shoulder to avoid Carter.

A Weatherford firefighter who responded with his engine to 911 calls about the wreck told jurors that Carter at first claimed that he had been shot, a claim which was not substantiated when he was examined. The firefighter described Carter as belligerent and said that he kept trying to get up off of the backboard and fight him. He also said that Carter had urinated on himself.

Jurors watched a dashcam video from a trooper who responded to investigate the accident during which Carter told the trooper that he had “plenty” to drink and that “I spend most of my time drinking.”

“We felt a life sentence was what we needed to protect the community,” Swain said in 2010. “If he’s going to keep endangering everyone else, we have to deal with that, and the jurors spoke today.”

Carter’s blood alcohol level was taken at Weatherford Regional Medical Center after he was arrested and reached .45, Swain said.

The legal limit is .08.

“We’re talking about five-and-a-half times over the legal limit, something shy of that they have listed as indicative of a coma,” Swain said in 2010 when the sentencing was finished.