Shane Smith

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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

Electronic Signatures for Flood Proofs of Loss

On March 28, 2017, the Assistant Administrator for Federal Insurance, Federal Insurance and Mitigation Administration, issued a memorandum to Write Your Own (WYO) Company Principal Coordinators, NFIP Direct, and Independent Adjusters, titled “WYO Company Acceptance of Electronic Signatures” (W-17008).… 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

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

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

Where Do I Mail the Signed NFIP Proof of Loss?

At the Florida Association of Public Insurance Adjusters (FAPIA) Fall Conference last week, I was speaking with a public adjuster about the impeding 60-day deadline for his clients to submit their signed, sworn, proofs of loss for Hurricane Matthew flood claims. For public adjusters who have not handled many flood claims in the past, this … Continue Reading

Don’t Miss the 2016 NAPIA Mid-Year Meeting!

The National Association of Public Insurance Adjusters (“NAPIA”) is holding its Mid-Year Meeting from December 8-10, 2016, at The Breakers in Palm Beach, Florida. Membership in NAPIA is open to licensed public insurance adjusters, professionals (attorneys, engineers, accountants) and all suppliers to the first-party property insurance claims community.… Continue Reading

Calculating Actual Cash Value, Part 22: Oklahoma

In Redcorn v. State Farm Fire & Casualty Company,1 the insured’s roof was damaged by wind or hail. Although the policy did not define “actual cash value,” it contained an endorsement entitled Roof Surface Losses—Actual Cash Value Endorsement, which provided for roof surface repair and replacement coverage on an actual cash value basis: Roof Surfaces: … Continue Reading

Calculating Actual Cash Value, Part 20: North Carolina

In Balestrieri v. American Home Assurance Company,1 the plaintiff’s home was destroyed by a fire. At the time of trial, she had been paid over $900,000 based on the estimate of the house’s actual cash value, however she contended that the clear weight of the evidence demonstrated her entitlement to approximately $400-500k more than the … Continue Reading
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