Property Insurance Coverage Law Blog : Florida Insurance Lawyer & Attorney : Merlin Law Group Law Firm : Tampa, Houston, Coral Gables, Gulfport

Granbury, Texas, a town west of the Dallas/Fort Worth area was devastated when tornadoes and hail storms ripped through the town taking six lives and injuring 100 others. Grapefruit sized hail pummeled roofs, damaged homes, and destroyed barns. More than 60 homes were destroyed, and 600 sustained damage. The most powerful tornadoes touched down in the Rancho Brazos neighborhood, where 97 of the 110 homes suffered damage. According to Mayor Pro Tem Nin Hulett, most were destroyed by winds estimated at 200 miles per hour. Before citizens of Granbury and Cleburne, Texas, were able to return to what was left of their communities, the deadly tornadoes struck Moore, Oklahoma.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was thinking about my post, Oh The Places You Will Go---Especially in the Insurance Claim Industry, while in Manhattan this past weekend. As I arrived from Kansas City, I knew Corey Harris was working on depositions and mediations from previous tornados and hail storms in Dallas and Ft. Worth late last Wednesday night when the first of a string of tornados struck that area. I texted him to be safe.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Insurance claims people handling first party property insurance claim appraisals in New York may be experiencing responses from insurance carriers informing them appraisal is inappropriate because there are coverage issues involved in the claim. Some are getting this response even where partial payment has been made on the claim. If that is your case, you may find some reassurance in a trial court opinion from New York on appraisal.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Hurricane Sandy has brought about a number of changes to New Jersey and the rest of the tri-state area. It appears to be bringing about some changes – or clarifications – at FEMA as well. This week FEMA released a bulletin concerning appraisal of flood claims under the National Flood Insurance Program (NFIP). While most insurance policies permit appraisal where the carrier and the policyholder disagree as to the basics of the claim, NFIP claims are different, as a review of the above-mentioned bulletin will reveal.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

This spring, a hot topic for Florida public adjusters has been proposed changes to sections of the administrative code that govern public adjusters. Listen to the complete 25-minute audio recording from the recent DFS hearing here. Two of the proposed changes have the Florida Association of Public Adjusters taking action and explaining ramifications that may have been unknown to drafters of the code.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Most insurance policies contain a subrogation condition. Subrogation is “[t]he principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy.”¹

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Insurance agents usually promise a bunch of service and sell their trust to policyholders at the point of sale. Most of the time, there is no loss or the loss is less than the deductible so even if the agent blundered and did not obtain the best coverage for the price, the agent's errors and ommissions are never raised. Insurance experts often realize most agents are taught that their duties to service policyholders are far greater than what agents will admit to if the policy coverages fail to provide indemnity after a loss.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Jet Star Rollercoaster that Hurricane Sandy washed off the Casino Pier in Seaside Heights has become a symbol of the storm recognized by almost anyone who has seen or heard news of the storm.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Many insurance carriers attempt to force their insureds into subsurface repair contracts based on the carrier's recommendations. In fact, carriers will refuse to provide coverage for a valid sinkhole claim unless the property owner repairs the property exactly the way the carrier recommends. Interestingly, the carrier will not agree to be liable if the recommended repair fails. This lack of security leaves many of my clients insecure. Many insureds obtain additional professional engineers' opinions as to the appropriate repair to stabilize the affected property and if the opinions differ from the carriers’, litigation often follows.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I am in Kansas City litigating an alleged vexatious refusal to pay case against American Family Insurance Company. Did you know Kansas City is known as the City of Fountains? I thought that title was reserved for a favorite city of mine, Rome.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

Most property policies contain an exclusion that voids coverage if a structure is vacant before the loss, commonly for 30 or 60 days. The thought behind the exclusion is that vacant or unoccupied buildings face an increased risk of vandalism and theft as well as property damage due to neglect or disrepair.¹

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Is USAA a bad faith insurer? Active duty and retired military people often ask me if USAA treats their policyholders fairly and whether it is a "good insurance company." My father, a former Admiral in the United States Coast Guard, is insured by USAA. My sister is awaiting promotion as a captain in the Coast Guard Reserve. Our law firm has had numerous claims and lawsuits with USAA.

• Email This
• Print
• Comments (5)
• Trackbacks
• Share Link

In my last post, I discussed the statute of limitations applicable to different claims in New Jersey. Under flood claims, a lawsuit must be filed within 1 year from the date of denial. For homeowner’s claims, the default statute of limitations is six years, but it can be shortened by policy language to as short as one year.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Insurance is a highly regulated industry because insurance companies have a long history of failing to honor promises, going bankrupt or finding unethical novel methods to gain a competitive edge. State insurance commissioners and attorney generals are charged with enforcing laws and regulations protecting consumers. I posed a question about whether state insurance commissioners and attorney generals are doing enough to protect insurance consumers following a discussion about an insurance policy that specifically excluded any benefits for the cost of matching damaged portions of a residential structure with adjacent undamaged portions of the home. The homeowner had fire damage in the kitchen and the insurance adjuster refused to pay to match cabinets, paint and wallpaper.

• Email This
• Print
• Comments
• Trackbacks
• Share Link