Archives: Insurance Claim

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Supplemental Insurance Claims – Insureds Beware of Requirements Outside the Policy

Supplemental claims are becoming more common, especially on large projects where additional loss and damage may be discovered while completing the repairs or replacement. But what happens when the insurance company places conditions or limitations not contained within the policy upon the submission of a supplemental claim for additional or missed damages?… Continue Reading

Ten Tips: How To Make Your Claim Easy to Pay

Note: This guest blog is by Curtis Hutchens, an AV Martindale Hubell preeminent lawyer, a Florida Supreme Court Certified Civil and County Court mediator, a qualified arbitrator and a Windstorm Insurance Network (WIND) Umpire and Fellow and serves as President of WIND. He also serves the legal community as a Florida Bar Grievance and Fee … Continue Reading

Homeowners: Insurance Claims Must Be Disclosed if Filing for Bankruptcy

Depending on who you talk to, some would say that our economy has recovered or improved since the recent recession. However, there are many individuals—in particular, homeowners—who are in financial difficulty and have no option but to file for bankruptcy. If you are going through the bankruptcy process, and you have an insurance claim pending, … Continue Reading

Insurance Companies Search Social Media During Property Claim Investigations, Part I

Policyholders are human and social media has really become a way of life for the young and those in their golden years. Not surprisingly, homeowners and business owners suffering a loss, post about their problems on social media. But consider this: insurance companies are using information gathered from your social media profiles to look for … Continue Reading

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
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