Archives: Insurance Claim

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Remand and Fair Notice Pleading and Texas Rule 91a: “Same As It Ever Was”

It is very common in first-party litigation for the policyholder to sue the in-state adjuster in addition to the out-of-state insurance company and thereby destroy diversity so the case remains in state court.  The carrier will generally remove the case anyway and claim that the joinder of the adjuster is improper.  In a very general … Continue Reading

Carrier’s Response to Letters of Representation by Florida Public Adjusters – Informative or Unfair Claims Handling Practice?

I was discussing a property insurance claim with a colleague a few weeks ago when he mentioned a letter that was sent to an insured from the insurance carrier shortly after their public adjuster submitted his letter of representation. The letter suggested that the insured review the public adjuster’s contract and fee structure to make … Continue Reading

Are All Post-Loss Assignments Of Benefits Created Equal? Accrued vs. Unaccrued Rights Being Assigned

Well many folks in the insurance industry have been waiting some time for this moment… the decision of the validity of post-loss assignments of benefits in Florida. Several opinions were recently issued on the same day (May 20, 2015) by Florida’s Fourth District Court of Appeals related to assignments of benefits in property insurance claims.1 … Continue Reading

In Arizona, Delayed Notice of a Claim Does Not Necessarily Nullify Coverage

In practically every insurance policy, a policyholder is required to give prompt notice of the claim before the insurance company has any responsibility to act on the claim. What happens if the policyholder substantially delays in giving notice of the claim, or in some circumstances, fails to give notice altogether? Is the policyholder’s claim automatically … Continue Reading

What Happens to Your Property Insurance Claim After Foreclosure in New Jersey?

I previously discussed the increasing number of “for sale” signs along the New Jersey Shore in Recovering Replacement Cost After Selling Unrepaired Property. Unfortunately, many of these homeowners are not able to sell their properties and are forced to default on their mortgages. Lately, a frequent question from insureds is, “what happens to my property … Continue Reading

New York Federal Court Creates Miscellaneous Civil Case for Administration of Hurricane Sandy Claims

The United States District Court for the Eastern District of New York (“EDNY”), in an effort to more efficiently administer the multitude of insurance coverage cases involving Hurricane Sandy claims, entered an Order on January 10, 2014, directing the Clerk to open a “Miscellaneous Civil Case” for all actions seeking insurance coverage for damages caused … Continue Reading

Innocent Co-Insured Doctrine

A recent situation reminded me of an often overlooked and underutilized legal gem – the innocent co-insured doctrine. This blog post is aimed at reminding policyholders and policyholder advocates of this doctrine, which could breathe life into a claim that, at first blush, seems untenable due to the alleged misconduct of one of multiple named … Continue Reading

Don’t Throw Away the “Smoking Gun”

Most people never report a property damage claim to an insurance company and for the ones that do report a claim; it may be only one in their lifetime. As such, many insureds make critical mistakes after a loss that insurance carriers will use to deny legitimate claims. Today, I want to discuss preserving the … Continue Reading

Series on Insurer’s Obligations: A carrier has an obligation to assist the policyholder and explain all available coverage

Last week I explained the carrier’s obligation to treat its policyholders’ interests at least equal to its own. Insurance adjusters also have an obligation to assist the policyholder. This duty to assist the policyholder includes informing the policyholder of additional coverage that may be available, even if not being claimed.… Continue Reading

Florida Statute 627.70132 Provides Three Years From Landfall To Report Your Hurricane Claim

Every first-party property insurance contract provides the insured with an obligation to provide notice of the claim. Some require "prompt" notice and others require reasonable notice. Under Florida law, if an insured fails to give reasonable notice of his or her claim, then the insured must overcome a presumption of prejudice. Whether a carrier has … Continue Reading

Are you maximizing your flood claim?

Most policyholders and their representatives can navigate themselves through a flood claim; however, I have noticed many claimants failing to maximize their recovery. If your property was damaged by a flood, you may be required to meet certain building requirements in your community to reduce future flood damage before you repair or rebuild your damaged … Continue Reading