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

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.

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....