Five Ways to Help Louisiana Flood Victims

Last week, Shane Smith posted FEMA’s announcement of the availability of two advance payment options by WYO carriers and the NFIP direct serving agent for those victims of the Louisiana flooding with coverage.

Continue Reading...
Tags:

Court Holds Damages Consequential to Subcontractors Faulty Workmanship is an "Occurrence" and "Property Damage" Under Plain Language of Standard Form Commercial General Liability Policy

New Jersey has joined a growing number of jurisdictions in ruling that damages from a subcontractor’s faulty workmanship may trigger coverage under a Developer/General Contractor’s Commercial General Liability (“CGL”) policy. On August 4, 2016, the New Jersey Supreme Court rendered a unanimous decision affirming the Appellate Division’s holding that consequential damages stemming from a subcontractor’s faulty work constitute “property damage” caused by an “occurrence” as defined by the policy.1

Continue Reading...

Florida Peninsula Policy Changes in Response to Assignment of Benefits

Last week Florida Peninsula announced to its policyholders that all renewal policies on or after July 1, 2016, will include new language regarding water losses:

  • Out-of-pocket insurance expenses incurred by you will be limited to $3,000 or 1% of Coverage A, whichever is greater for the first 72 hours on all water mitigation services.
  • No further money will be paid for out-of-pocket expenses until 72 hours after the claim is reported to Florida Peninsula Insurance.
  • The above amount may only be exceeded with carrier approval. The limit can be exceeded if we fail to respond within 48 hours.
Continue Reading...

Panama Canal Expansion Expected to Expand Shipping from Asia to the East Coast: What Law Will Govern if My Shipment is Lost?

If you ship goods between Asia or South America and the United States, you are no doubt aware of the “Third Set of Locks Project,” which doubled the capacity of the Panama Canal by adding a new lane of traffic and increasing the width and depth of the existing lanes and locks, allowing larger ships to pass. The new Panamax ships are about one and a half times larger than the previous Panamax ships, and can carry over twice as much cargo.

Continue Reading...
Tags:

Louisiana Flood Insurance Claims - Secrets That Flood Adjusters Will Not Tell You

“I am here to help you and get you everything you deserve to get.” That is the script and the first lie Louisiana flood insurance adjusters will say. They will not tell this dirty secret to any flood policyholder, but it is being played out by the thousands of claims of desperate people in Louisiana who paid their premiums and are hoping for relief. Everybody in the National Flood Insurance Program knows it, but nobody will say it is true for risk of losing lots of money.

Continue Reading...

Former Director of Hi-Rise Engineering is Indicted in New York

Former director of Hi-Rise Engineering, Matthew Pappalardo was indicted on a 50-count indictment stemming from Hi-Rise’s role in altering their engineering reports to defraud policyholders from monies owed due to Superstorm Sandy damage. Contained within the indictment were 25 counts of Forgery in the second degree, in violation of Penal Law Sect. 170.10(1) and 25 counts of the Unauthorized Practice of a Profession in violation of Education Law Sect. 6512(1).

A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injury another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed. . . .[an] instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status. . . .

A person violates Education Law Sect. 6512(1), while not being authorized to practice under said law, practiced or offered to practice or held himself out as being able to practice the profession of engineering, a profession in which a license was a prerequisite to the practice of the acts, or aided or abetted an unlicensed person to practice the profession of engineering. . . .

Continue Reading...

FEMA Issues Bulletin to Allow Advanced Payments

As a result of the devastation from the severe storms affecting Louisiana, Mississippi, Arkansas and Texas, FEMA is making an effort to ensure accurate and prompt settlement of NFIP policyholders’ claims.

Continue Reading...

9th Circuit to Interpret Meaning of "Direct Supplier" In Context of a Commercial Property Loss Claim

Commercial property insurance policies often include damages sustained by a “direct supplier.” As an example, an insured that sells motorcycles, might rely on a particular motor cycle part supplier to provide parts used in their motorcycles. If the motorcycle part supplier sustains a loss, it could impact the insured’s business.

Continue Reading...

Don't Gamble With Policy Provisions, Make Certain to Mind Your D.I.C.E.

As part of a larger discussion with public adjusters addressing fresh perspectives on claim presentation a few weeks ago, my colleague Mike Poli revealed a perfect tool to make certain policy provisions remain understood: D.I.C.E. (Declarations Page. Insuring Agreement. Conditions. Exclusions).

Continue Reading...

Will Policyholders be refunded by State Farm?

California Insurance Commissioner Dave Jones must decide whether to approve an order signed by an administrative judge ordering State Farm pay its policyholders.

Continue Reading...

Allstate New Jersey Skates on Late Payment Claim

On July 19, 2016, U.S. District Court Judge Susan Davis Wigenton, dismissed Florence Hanson’s Complaint against Allstate New Jersey Insurance Company for violating the New Jersey’s Insurance Trade Practices Act, citing a lack of subject matter jurisdiction.

Continue Reading...

More Details, Fresh Perspectives On Claim Preparation

Last week, I was part of a larger discussion with public adjusters addressing fresh perspectives on claim presentation. We discussed points and reminders aimed at helping public adjusters get their clients claims fully and promptly paid.

Continue Reading...

Insurer's Non-Renewal Notification: Too Little, Too Late

All too often following a loss, insureds are a faced with another shock when they open their mail and find a notification that the insurance company is not renewing their policy at the end of their existing policy term. Recently my colleague Edward Eshoo and I represented a policyholder facing this very situation. The insured was already fighting the insurance company for benefits under the policy and now in the midst of a loss was being told that at the end of the current policy period the insurance company would not be renewing the policy. While insurance companies have the right to non-renew or cancel coverage, there are strict requirements governing when how and when they may do so.

Continue Reading...

Christina Phillips Becomes Chair of the ABA Property Insurance Law Subcommittee

Christina Phillips justly received an honor that has eluded me. At the American Bar Association's Annual Convention this weekend in San Francisco, Christina became the Chair of the Property Insurance Law Subcommittee.  I was a Vice Chair for about a decade, but never the Chair.

Continue Reading...
Tags:

Florida Signs on to Exchange Insurance Information Globally with the Multilateral Memorandum of Understanding

Add Florida to the list that already includes Australia, Canada, Singapore, Switzerland, as the 55th jurisdiction to agree and be admitted to the International Association of Insurance Supervisors Multilateral Memorandum of Understanding. In the US, Michigan, Connecticut, Nebraska, California, and Pennsylvania preceded Florida. The MMoU was established in 2007 with a mission to provide a global framework to share, meet and confer among supervisors in the insurance industry.

Continue Reading...
Tags: