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38 result(s) for corey
Timing of Examinations Under Oath and a Practical Tip to Speed the Claims Process
Insurance adjusters and their attorneys should demand examinations under oath on a timely basis. Prompt adjustment requires it. However, the current technique and growing practice by many insurers is to request an examination months and even years after the loss....
As previously noted in the first four posts of the Hurricane Law series discussing Late Notice of Claims, in Florida, if a policyholder does not timely report an insurance claim to the insurance carrier, prejudice to the insurer will be...
Late Notice of the Claim Part 2: Why Is Timely Notice Required?
Last week, Shaun Marker started us on the topic of late notice for hurricane claims. He ended his post with a few questions for later discussion, such as “what is timely notice, and how has the insurer been deprived of...
Merlin Law Group Publishes Condominium Insurance Law Blog
The Merlin Law Group has started a legal blog about the insurance issues that arise with Condominiums. Condominium law is an area where a little experience leads to the conclusion that there is a lot more to learn. Condominiums have...
Dragons Attacking Gulf Coast Beaches are a Bigger Menace Than the Oil Spill
The Destin beach’s white sugar sand was in full glory yesterday. While flying back to Tampa and looking down on the crystal blue water and the most gorgeous stretch of beach in the United States, I told Corey Harris that...
Florida Southern District Court Upholds Condominium Association's Right to Bad Faith Discovery
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). In Florida, discovery in breach of contract actions usually...
The Cooperation Clause and Document Production: A Condominium Association's Difficult Task
One of the most daunting tasks in submitting an insurance claim is the production of documents....
The Limits Of An Insured's Obligations To Cooperate
While it is true that a policyholder's failure to cooperate with the investigation of a claim can result in a denial of coverage, it is important to note that the cooperation clause was not intended to enslave the policyholder and leave them at the mercy of a carrier's overly burdensome and unreasonable requests....
The Cooperation Clause: Adjusting the Loss With An Insured
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). “In the event of loss or damage, we will...
Failure To Keep A Record Of Repair Expenses May Lead To Failure of Your Supplemental Claim
I have been getting numerous calls from homeowners and public adjusters regarding supplemental claims from Hurricane Wilma....
Proper Training Can Help Avoid Many Problems
Over the past few weeks I have written about the necessity of mitigation and the potential consequences of not doing so....
An Insurer's Actions May Excuse Mitigation Requirements
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). I recently took the deposition of an independent adjuster...
Consequences of a Policyholder's Failure to Mitigate
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). Think about this for a moment. A homeowner accidentally...
Mitigating a Costly Loss: Who Pays the Bill?
Since an insured has an obligation to mitigate any damages that occur, one question is who should pay for these efforts? In many instances, there will be specific policy language which states that the insured....
What Should I Do After A Loss? One Insurer's Tips Shed Light On Post Loss Obligations
One question that generally arises after a loss is what repairs should be made and who will be responsible for paying them. Since most policyholders are not well versed in construction or insurance issues, this question is constantly being asked of adjusters and attorneys alike.
An insurance company adjuster's request for invoices of personal property items can be a trap for otherwise honest policyholders. I have been thinking about this topic as a result of Corey Harris' post, Notifying the Police in the Case of...
Duties After Loss: Duty to Make Reasonable Repairs in Order to Protect the Property
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). Over the past few weeks I have posted on...
Notifying the Police in the Case of a Theft Loss
Most policies have specific conditions that apply to theft losses. The most common is the duty of a policyholder to notify the police, as well as the insurer, of the theft.....
Failure to Give Timely Notice: The Role of Prejudice in Florida
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the sixth part in a series he is writing on post-loss duties). In Florida, as in other states, failure...
Insurance Conference Updates and the Importance of Learning From Colleagues
The Windstorm Conference starts tomorrow in Jacksonville. If you represent policyholders or insurers with hurricane claims, you have to be there, since hurricanes are the largest windstorms. It provides an opportunity to learn from those actively engaged in all aspects...
What Exactly is "Timely Notice"?
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fifth part in a series he is writing on post-loss duties). With the prevalence of supplemental claims, especially...
The Basics of Agency as It Relates to Waiver and Estoppel
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fourth part in a series he is writing on post-loss duties). Last week, I received a great question...
Who Can Accept My Notice of Loss?
While speaking to a potential client about a agent negligence claim, she told me that the individual she believed to be her agent for the past three years had turned out to be the real agent's secretary...
Notice of Loss: Who May Submit It?
Normally, the first post-loss obligation that a policyholder encounters is the duty to provide an insurer with notice that a loss has occurred. While policies and the statutes of the particular jurisdiction vary, both tend to spell out the procedure by which notice should be delivered...
A Policyholder's Duty to Cooperate
When dealing with insurance claims, it is important for there to be ongoing communication and cooperation between the policyholder and the insurer. This relationship is generally to share and obtain information necessary for the insurer to make a fair and prompt determination....
Common Mistakes and Suggestions in Dealing with a Proof of Loss
Over the last twelve weeks I have covered many of the issues regarding Proofs of Loss, and I wanted to end the series by covering some of the common mistakes and thoughts for avoiding them...
Filing a Proof of Loss When It is Not Required
Recently, I was handling a case where I felt the insurer had waived its right to a Proof of Loss. In this particular case, the insurer initially demanded a Proof but when the policyholder contacted the adjuster to inquire about the specific requirements, the adjuster specifically told the client the obligation was being waived...
Can an Insurer Reject My Proof of Loss?
As discussed briefly in my previous blog, (What Happens if a Proof of Loss is not Submitted, is Incomplete, or is Inadequate?), when an insurer receives a Proof of Loss it must either accept or reject the Proof.
Taking a Look at a Common Proof of Loss Form
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the ninth of a twelve part series he is writing on proof of loss). I have spent the last...
Proofs of Loss and the Standard Flood Policy
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the eigth of a twelve part series he is writing on proof of loss). Normally I have steered away...
Proof of Loss: Waiver Part III
While it is important to note that an insured's post loss obligations can be waived, it is equally important to know and understand who has the authority to bind the insurer with their words and/or actions.
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the sixth of a twelve part series he is writing on proof of loss). As was discussed in my...
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fifth of a twelve part series he is writing on proof of loss). Let me begin here by...
Mortgage Company Protections When an Insured Fails to Submit a Proof of Loss
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fourth of a twelve part series he is writing on proof of loss). As I was watching one...
Getting Back to the Basics: Who may Submit a Proof of Loss and to Whom may it be Submitted?
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the third of a twelve part series he is writing on proof of loss). As I have stated in...
Proofs of Loss and Suit Limitation Periods: A Warning About Delaying the Filing of Proofs of Loss
Corey Harris is writing an excellent series on Proofs of Loss Issues. He is primarily focusing on the basic workings of Proofs of Loss. The point of this post is to remind everybody that there are little exceptions that vary...
Getting Back to the Basics: What Happens if a Proof of Loss is not Submitted, is
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the second of a twelve part series he is writing on proof of loss). So here you are, only...
Getting Back to the Basics: What is a Proof of Loss, and What Purpose Does it Serve?
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the first of a twelve part series he is writing on proof of loss). “You can’t do anything until...
