Archives: Insurance

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Court Upholds Post-Loss Assignment of Claims

Larry Bache and I have many cases in Nebraska where we represent a contractor with assignments of insurance claims from homeowners. These assignments were made after a hail loss. The policyholder assigned his rights to the insurance claim to the roofing contractor working on his property. Most insurance policies contain what is called an anti-assignment … Continue Reading

Merlin vs Badger II – Gonna Be the Baddest Show in Orlando

The Windstorm Insurance Conference in Orlando will feature a debate re-match between yours truly representing the policyholder view and Steve Badger who represents insurance companies. Many of my policyholder friends often ask how I can have such a good professional relationship with Badger whom they view as somebody akin to Darth Vader. I am certain some … Continue Reading

“Other Insurance” Provisions

In 2012, the Barnard Elementary School Building (“Barnard Building”) in Tulsa, Oklahoma sustained approximately $6 million in fire damage in 2012. There were two insurance policies covering the same policy period: (1) a policy issued by Philadelphia Indemnity Insurance Company (“Philadelphia”) to the Tulsa School of Arts and Sciences for coverage of the building it … Continue Reading

Insurance Bulletins Can Help Consumers Looking for Full Recovery

Rarely do insurance commissioner bulletins warn insurance companies of paying too much or that consumers are not entitled to insurance benefits. Most departments of insurance only write bulletins because insurance company adjusters pay far too less to similarly situated consumers suffering from the same loss.  Of course, insurance company lobbyists now go into overdrive to … Continue Reading

Claims Handling Requirements by State – Tennessee

As promised in my recent post regarding the Gatlinburg fires, today we are looking at the claims handling guidelines provided by the Tennessee code. The Tennessee code has general requirements that require insurance carriers to develop standards and practices for the prompt and proper handling of claims in the Unfair Claims Settlement Practices Act.1… Continue Reading

Building Losses Before Demolition

A public adjuster asked me for a copy of Cigna Property & Casualty Insurance Company v. Verzi1. It involves a fairly uncommon situation where a building is damaged or destroyed before a contemplated demolition. Insurers usually try to avoid paying these losses because they argue the policyholder is obtaining a windfall. From their view, the … Continue Reading

Exclusions in States That Have a Statutory Standard Form Fire Insurance Policy

Insurers often issue property insurance policies intended cover multiple perils (e.g. water damage and fire). While insurers often include a number of exclusions in their policies, in states with statutory standard form fire policies (such as California), insurers cannot apply exclusions that substantially vary from the terms and conditions in the standard form fire policy … Continue Reading

FEMA Issues Bulletin on Use of Experts by WYO Carriers

As we enter a new year, FEMA has issued WYO Bulletin W-16091, “Guidance on the Use of Expert Services.” The purpose of the memorandum is “to ensure transparent and consistent claims handling for all policyholders” and to provide “guidance on the use of services provided by subject-matter experts as part of specific claims investigations.”… Continue Reading

Important Reminder for Texas Public Adjusters: Reopening File and Re-inspection of Loss Does Not Change Deadline to File Suit

All public adjusters would love to get retained as soon as possible after the date of loss. Unfortunately, often, the public adjuster gets hired months or even a year after the date of loss. In that case, if the first notice of claim filed with the carrier comes from the public adjuster then the carrier … Continue Reading

Florida Hurricane Matthew Claims – Payment of Undisputed Amounts

States differ regarding the time frame required for a first-party property insurance carrier to pay undisputed amounts on a claim. In Florida, for a residential first-party property insurance claim, the carrier is required to pay undisputed amounts within 90 days after receipt of notice of the claim, if these three things have occurred:1 The insurer … Continue Reading

The Pain of Loss Following a Catastrophe

David Hisey is a great guy and has worked for the insurance industry forever. He ran the Winsdstorm Network’s golf tournament for over a decade. The picture above is his burned home from the recent Gatlinburg wildfire. Losing everything and the memories associated with your home is one of the worst emotional times in life. … Continue Reading

Personal Property Inventory Valuation Matters

Have you ever tried to determine the value of everything you own? It is not an easy task, and as time goes on you accumulate more personal property items, the task gets even more difficult. Valuation is a critical part of an insurance claim, and a recent court ruling considered an insureds unrelated bankruptcy in … Continue Reading
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