Shane Smith

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Insurance Bad Faith in South Carolina: Part 1

We are often asked by policyholders and public adjusters whether bad faith damages are recoverable against an insurance company in a particular state and what an insured must prove. Our blog has many articles related to this topic. Today I will address insurance bad faith in South Carolina.… Continue Reading

Calculating Actual Cash Value, Part 26: Montana

In Montana, a jury may consider all relevant evidence when determining the actual cash value of the property damaged or destroyed.1 Under the broad evidence rule, the trier of fact “may consider any evidence logically tending to the formation of a correct estimate of the value of the insured property at the time of the … Continue Reading

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
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