Shaun Marker

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Litigation Against Florida Peninsula Related To The Right/Option To Repair Will Not Be Stayed

This post follows up on my last post involving the insurance carriers’ right to repair. In a recent court case,1 the insurer invoked its option to repair and asked that litigation be stayed until the policyholder complied with the “right to repair” option in the policy, however the appellate court reversed trial court’s the stay … Continue Reading

Insurance Industry Trade Show Advocates “Finding Financial Payback In Claims” Through Managed Repair Programs For Insurance Carriers

In doing research the other day I came across a PowerPoint presentation from an insurance industry trade show where the opening slide states "Finding Financial Payback In Claims." This sure sounds like an advocation for claims departments of insurance carriers as profit centers. One of their topics during the presentation was using managed repair programs … Continue Reading

Governor Cuomo Signed Bill Into Law On November 21st Allowing Appraisals In New York To Determine “Scope Of Loss” – Part 2

Earlier this year, I wrote about a consumer friendly bill signed into law in New York allowing the "scope of loss" to be determined by appraisal. I received a comment to the post providing insight into how insurance carriers are treating appraisals where scope can be in dispute. I thought I would share with our … Continue Reading

It Appears That Florida Is Not The Only State With Independent Adjuster Statutes That Could Be Misconstrued By The Public

In the first post on this topic, I wrote about the Florida statute regarding the definition for independent adjuster and how that legal definition can be misunderstood by the public. So I got to thinking, how many other states have similar laws? I next reviewed is the state of New York, which is where I … 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

So I Have A Boat In My Front Yard Following Super Storm Sandy; Will My Flood Insurer Cover The Removal Of It And Other Non-Owned Debris? – Part 5

Well it appears that this may be the last post in this series about national flood coverage of non-owned debris removal / boat in my front yard case. On Friday, April 17, 2015, the U.S. Court of Appeals for the Third Circuit denied the policyholders’ Petition for Rehearing.1… Continue Reading

So I Have A Boat In My Front Yard Following Super Storm Sandy; Will My Flood Insurer Cover The Removal Of It And Other Non-Owned Debris? – Part 4

There has been some further activity to report in the flood non-owned debris, boat in my front yard case. This topic peaked my interest in the wake of Super Storm Sandy, and is my fourth update on the case. Often there will be debris scattered all around people’s yards following a flood event, especially one … Continue Reading

So I Have A Boat In My Front Yard Following Super Storm Sandy; Will My Flood Insurer Cover The Removal Of It And Other Non-Owned Debris? – Part 3

A common scenario after Sandy was that folks ended up with all sorts of debris scattered across their properties that had been deposited by the powerful storm. Things like boats, docks, parts of structures and plants and sand were left everywhere and were in need of removal at sometimes substantial costs. So it would stand … Continue Reading

Breaking Down Boiler and Machinery Coverage, Part 2

Last week I began a series of posts related to the complex area within insurance for boiler and machinery coverage. This post will continue the discussion about interesting areas of coverage within boiler and machinery policies. What does the term "hostile fire" mean in the context of boiler and machinery policies? A fire loss exclusion … Continue Reading

Breaking Down Boiler and Machinery Coverage

One of the lesser-known insurance contracts is the one especially designed to cover boilers. Boiler insurance or boiler and machinery insurance is a type of casualty insurance covering damage to property of the insured or of others for which the insured may be responsible, and for damages from personal injury or death of any person … Continue Reading
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