Professional Public Adjusters Association of New Jersey Elects New Trustees

Professional Public Adjusters Association of New Jersey

The Professional Public Adjusters Association (PPAANJ) held its Spring meeting on May 11, 2017, at the Molly Pitcher Inn in Red Bank, New Jersey. Chip Merlin recently wrote about the meeting and its highlights. In addition to the great speakers, the association elected two new trustees. Continue Reading

Insurer’s Refusal to Provide Explanation for Claim Denial Until Litigation Supports Bad Faith Award

The Court of Appeals of Tennessee recently affirmed an award which included bad faith damages against Farmers Mutual of Tennessee where the insurer repeatedly failed to explain to the insured what the basis for the denial of the claim was until the insurer answered certain requests during litigation. Continue Reading

Insurance Law Professor Jay Feinman Presents at the Professional Public Adjuster Association of New Jersey

Jay Feinman

Rutgers insurance law professor, Jay Feinman, provided an informative presentation to sixty attendees of the Professional Public Adjuster Association of New Jersey (PPAANJ) yesterday. Feinbaum has been mentioned in several Merlin Law Group blogs: 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 amount of loss does not include interpreting the policy or making coverage determinations, little guidance has been provided as to what coverage means and whether an appraisal can still proceed even if coverage issues exist. Continue Reading

Extended Deadline to File Proofs of Loss in Connection with 2016 Mid-Summer Storms

FEMA has announced a fourth extension on the deadline to submit a flood Proof of Loss for Louisiana policyholders affected by the 2016 Mid-Summer Storms, commencing on August 9, 2016, and ending August 31, 2016. Policyholders now have until Friday, September 1, 2017, to submit a Proof of Loss form. Continue Reading

Texas House of Representatives Passes House Bill 1774

Introduced on February 13, 2017, Texas House Bill 1774/Senate Bill 10, has been proposed by its sponsors as a way to curb hail storm lawsuit abuse. However, if signed into law, the bill could have a negative impact on Texas policyholders who have suffered any type of property damage relating to a natural disaster, hail or otherwise. The bill came before the Texas House on Thursday, May 4 and Friday May 5, 2017, and was passed by a vote of 92-55. It will now go to the Texas Senate for review before making its way to be signed into law. Continue Reading

Dilatory Claims Handling Alone Can Constitute “Bad Faith” by the Insurer in California

Insurance Companies can breach the implied covenant of good faith and fair dealing by failing to pursue adjustment of the claim with reasonable diligence. This means that both insured and insurance companies must pay close attention to the company’s diligence (or lack thereof) in handling a claim. Continue Reading