Archives: Insurance

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Sue and Labor Clauses

A “sue and labor clause” is typically found in a marine insurance policy and typically provides:1 And in case of any Loss or Misfortune, it shall be lawful and necessary for the Assured,… Factors, Servants and Assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the vessel, or … Continue Reading

Insurance Company and Independent Adjusting Firms That Do Not Provide Personal Protection Equipment to Fire Claim Adjusters Are Violating OSHA Standards

Fires scenes are inherently dangerous workplaces for insurance adjusters. Yet—as I stated yesterday in, OSHA Standards Apply to Insurance Adjusters, it is my experience that most insurance companies and independent adjusting firms have no safety program nor training for their adjusters who work at fire scenes adjusting losses and evaluating damages. This is illegal and in … Continue Reading

OSHA Standards Apply to Insurance Adjusters

The Occupational Safety and Health Administration standards apply to all insurance adjusters. I am in my second OSHA class because I was curious how these standards impact costs of construction. My hunch is that many adjusters have no clue about all the standards and fail to make cost estimates which comply with federal law.… Continue Reading

The Scope of Appraisal in Illinois

The appraisal clause in a typical residential and commercial property insurance policy provides for an appraisal if the parties disagree as to “the amount of loss.”1 That phrase has been the subject of extensive legal debate between insureds and insurers in terms of its meaning and scope. While most courts have concluded that ascertaining the … Continue Reading

Does a Residence Restriction Violate the Standard Fire Insurance Policy?

Homeowner property insurance policies usually cover the dwelling located at the “residence premises,” which is typically defined as the one, two, three, or four-family dwelling used principally as a private residence and where the insured resides. What happens if the insured is not residing in the dwelling at the time of a fire loss? Is … Continue Reading

Special Requirements and the Basics of Flood Insurance

Many homeowners don’t realize that a standard homeowner policy does not cover flood damage. That is why it is so important to purchase additional insurance for floods. Federally subsidized flood insurance is available, providing limited coverage under the National Flood Insurance Program: up to $250,000 for single family dwellings plus $100,000 for personal property, including … Continue Reading

Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process

A recent case filed in the Western District of Texas highlights the importance of retaining experts to assist in evaluating the cause of loss early in the claim process. In White Lodging Services Corporation et al v. Liberty Mutual Fire Insurance Company,1 a hotel development and management company filed suit against Liberty Mutual over a … Continue Reading

Undisputed Amounts of a Loss Should Be Promptly Paid

Undisputed amounts of loss were discussed at the ABA property insurance law subcommittee last week. I have never met an insurance adjuster who said his company refused to pay undisputed amounts of loss when coverage was admitted. But, I have had insurance defense attorneys argue there is no legal obligation to pay undisputed partial amounts … Continue Reading

John Garaffa on Insurable Interest

It is amusing and almost stunning to find others who used to be young attorney “rookies” in this field of property insurance law become masters. John Garaffa of Butler Weihmuller Katz Craig, is now a master in this field of law. He captured the room of property insurance law lawyers with what would normally be … Continue Reading
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