PDA

View Full Version : Xactware Antitrust Investigation


Sentry
11-03-2007, 11:59 PM
The following was posted on another forum recently by Ron Reese:

.......the following letter was submitted to the Federal Trade Commission by way of their e-mail at 'antitrust@ftc.gov'. If this letter is the only one of its kind it will likely be shuffled aside, but if by chance, 10 or 20 or 50 or 100 or ..... Restorers from around the country of like mind submitted similar letters the likelihood of an active response should be increased substantially:

"To whom it may concern;
I am writing regarding a situation in the property damage restoration industry. This is primarily concerned with residential and small commercial losses and what I (and others) perceive as an attempt to impose pricing controls by the insurance industry at large through a company called Xactware located at:

Corporate Headquarters
1426 East 750 North
Orem, UT 84097
(801) 764-5900
Fax: (801) 224-5218

www.xactimate.com

Xactware currently claims that 80% of all insured losses are run through their estimating program.
“Eighty percent of insurance-repair contractors and 16 of the top 20 property insurers use Xactimate to determine the cost of repairs.” (From their website)

They produce a pricing database, which they market as a “pricelist”, which is actually a database of information of previously submitted settlement numbers for typical processes heavily dependent on “feedback” from insurance companies and from captive contractors who have agreements with those insurers to use the database as a “pricelist”. This methodology results in a self-fulfilling prophecy as insurers and their contracted companies feed back information to establish a “pricelist”.

The methodology is not based upon a reproducible definition of costs, particularly overhead costs. It uses circular logic to describe an item called “labor overhead” that is virtually wholly dependent upon the questionable data fed back to Xactimate.

As a practice, insurers, through their adjusting procedures, attempt to impose compliance with these “pricelists” by contractors as a broad group.

Because of Xactimate’s position in the industry, at the very least I believe they should be enjoined from presenting their data as a “pricelist”."


I know that I have, on numerous occasions over several years, both privately and publicly asked that Xactwae not represent their product as a price list-because it is not.

When pressed they will respond with canned replies that they do not set price, etc. etc. but continue to market their product as a "pricelist" thus implying that it is a "pricelist" and perpetuating the abuses of that product by many in the insurance industry.

I understand the marketing position they are trying to exploit, but this practice is deceptive and, I believe damages many in the restoration industry.

I hope there are others who are willing to express the same sentiments.

Ron Reese, CR, WLS

Sentry
11-04-2007, 12:06 AM
This post is also from another forum......very interesting!

October 9, 2007 | Print this page
Judge Stanwood R. Duval, Jr. of the United States district court of Lousisa federal district court sitting in Louisiana recently held that two homeowners could jointly file an amended complaint and proceed with their proposed class action lawsuit against State Farm Fire and Casualty Company and software company Xactware. The allegations arise out of State Farm’s use of Xactware’s software in valuing its insureds’ claims, which was allegedly designed to lowball the value of Hurricane Katrina-related insurance claims.

Kathleen and Gordon Schafer insured their New Orleans home through a homeowners’ policy they purchased from State Farm. Hurricane Katrina caused substantial damage to their home. After submitting a claim for their damages to State Farm, State Farm sent an adjuster to their home to value the damage to the property.

The Schafers now allege that State Farm used Xactimate, a Xactware software program, to determine the replacement value of their lost and damaged property. The Schafers claim that in determining the value of a claim, the software program uses a pre-determined price for each damaged item. The Schafers allege that: (1) State Farm requires claims adjusters to use the pricing set forth in the software program; (2) the prices in the software are below market value; and (3) Xactware works with various insurance companies who receive similar below market pricing databases.
(Emphasis and bolding added)
For the full story:

http://www.insurereinsure.com/BlogHome.aspx?entry=220

kevin godfrey
11-24-2007, 01:47 PM
Found out 3 weeks ago that SF is eliminating their pricing specialist. This was anounced at a SF adjusters meeting in Washington State. They are still staying with their PSP vendor program at this time.

Sentry
11-26-2007, 12:08 AM
Found out 3 weeks ago that SF is eliminating their pricing specialist. This was anounced at a SF adjusters meeting in Washington State. They are still staying with their PSP vendor program at this time.

Kevin,
Can you elaborate? What is a "pricing specialist", at least at SF? What do you think this means for PSP? Will this mean that they will now use Xactimate pricing as it comes from Xactimate?

kevin godfrey
11-26-2007, 04:18 PM
SF keeps saying that PSP is here to stay. I am sure they will say that until the day it's no longer. I am surmising that they are going with the Xactimate price list. I am not sure how they are able to budget the Home Depot or Lowes purchase program. I do know that PSP has major issues. As a PSP contractor (the only insurance company we have a contract with) it practically takes an act of God to upgrade a asphalt single or change from a tile roof to a composite roof for instance. As far as a pricing specialist, they try to keep up with the cost of products at Depot and Lowes and enter it into SF pricing profile as well as the labor wages they claim is the going rate for the zones. SF claims they don't mess with labor hours but use Xactimates.

Sentry
12-01-2007, 12:46 AM
......from "2theadvocate.com"

Suit: Insurers colluded
By MARK BALLARD
Advocate Capitol News Bureau
Published: Nov 8, 2007 - Page: 1A

Louisiana’s largest property insurance companies worked together to reduce payments for damages caused to homes and other buildings by the 2005 hurricanes, according to a lawsuit filed late Wednesday by state Attorney General Charles Foti.

Allstate Insurance Co., State Farm Fire and Casualty Co., and other companies selling insurance in Louisiana used computer programs and other tactics to manipulate claims and lowball the amount paid property owners who suffered hurricane losses, according to Foti’s lawsuit.

Foti alleged six insurance companies and four companies that provide services to insurers violated the Louisiana Monopolies Act.

The 29-page petition was filed with the Orleans Civil District Court. State District Judge Kern A. Reese of New Orleans was assigned to hear the lawsuit, according to court records.

One of the computer programs named estimates the value of damaged property based on the past sales of similar properties in the neighborhood. Another program cited in the lawsuit tracked the history of claims made by property owners.

Policyholders also were pressured to settle for less than actual value of their claim by a series of coordinated actions, such as doctored engineering reports and delayed payments, according to the lawsuit.

“The information we have is that these insurance companies were engaged in conduct that harmed policyholders,” said Baton Rouge lawyer Jerry McKernan, who is working on the case along with eight New Orleans lawyers.

Foti did not respond to a request for information.

State Farm spokesman Phil Supple and Allstate spokesman Michael Siemienas told The Associated Press they had not seen the lawsuit and would not comment on the allegations.

But Gregory LaCost, vice president and senior counsel for an insurers trade association, said the use of damage estimating software increases efficiency in resolving claims by property owners.

“This is the first time I’ve heard that use of these programs was being taken as collusion,” said LaCost, with the Property Casualty Insurers Association of America in Des Plaines, Ill.

LaCost said Louisiana law requires insurance companies to investigate, process and pay their policyholders in 60 days. The hurricanes accounted for about 972,000 damage claims, he said.

“And now the Attorney General of Louisiana says you shouldn’t use a program to make that easier,” said LaCost, who is not involved in the lawsuit, though some members of his association have been named as defendants.

Insurance Commissioner Jim Donelon said he was unaware of any complaints about the use of software.

“That’s his job. If he feels there is evidence of such collusion, it falls to him to pursue that,” Donelon said. “I have no such evidence. They (the Attorney General’s lawyers) did not talk to us.”

The lawsuit quoted a report McKinsey & Company of New York gave Allstate in the 1990s. The corporate advisers recommended insurers protect their profits “by undervaluing claims using the tactics of deny, delay and defend.”

Foti ran for reelection but was eliminated in the Oct. 20 primary election. He finished third and will leave office in January. Buddy Caldwell of Tallulah, a Democrat district attorney from northeast Louisiana, and Royal Alexander of Shreveport, a Republican former staffer to a congressman, are meeting in the Nov. 17 runoff election.

Sentry
12-30-2007, 08:09 PM
Apparently the Louisiana Attorney General was serious.....
http://www.nola.com/news/t-p/index.ssf?/base/news-5/119450628474290.xml&coll=1

builder
11-02-2008, 11:49 AM
You are correct when suggesting that software usual to the insurance market should not be confused with actual pricing (i.e. a price list) unless those numbers are used to actually get the work and are also used as a basis for payment. That is to say that if a customer wants to pay twice what the work is worth (or pays half of what the work is worth) then in those instances the published "price" will apply.

There is also no doubt that these so-called price lists can be manipulated BOTH downwards and upwards if the client requesting the "price" has a vested interest in doing so.

We have completed many assignments that have shown this to be the case.

Sentry
11-04-2008, 11:44 AM
We are also seeing insurors who want to use Xactimate pricing for replacing, but are trying to use helper labor hours for demolition. My opinion is that if we are going to get away from the database for an entire category of costs, then we can get away from it on all other costs as well!

jouli
04-30-2010, 02:20 AM
I read your post and totally agree with you.Its nice sharing.web sites are source of information and this is one of them I book mark it and mail all of my friends to must check it.