Cracks Caused by Construction Operations May Be Covered

Judges often make erroneous decisions based on the information presented and argued to them by the attorneys selected by the parties. I was thinking about this while writing my post, Experts Regarding Causation Can Be More Important Than Witnesses — or, Don’t Believe Your Lying Eyes When Your Insurance Company Hires an Expert. Continue Reading

What Would You Like to See During the 2018 Legislative Session?

First, sorry it has been so long since my last post! It was a blast seeing a lot of you during the FAPIA conference in Duck Key. The fishing, comradery, and education were all amazing. (Unless you were in my fishing boat…and if you were I apologize). During the FAPIA conference I was honored to be named the Legislator of the Year – a recognition that I am extremely humbled by. During the 2017 Florida Legislative Session we were able to pass HB 911 and get it signed by the Governor (see Insurance Consultants and People Not Licensed as Public Adjusters Cannot Work on Property Insurance Claims). Continue Reading

Experts Regarding Causation Can Be More Important Than Witnesses — or, Don’t Believe Your Lying Eyes When Your Insurance Company Hires an Expert

Insurance companies hire all kinds of experts to help them for all kinds of reasons. The problem is that some experts are not honest and never try to find the truth. The other problem is some policyholders or their under-financed attorneys do not hire experts or very good experts. Continue Reading

Action Against Broker Is Time Barred — Insured Knew or Should Have Known of Deficient Policy Limits Upon Receipt of Insurance Policy

Upon notice that an insurer will no longer insure a specific risk, insureds often call their broker or agent and request they obtain the insurance from another carrier with the same or similar coverages relative to the cancelled policy. Assuming the agent or broker did so, many insureds may not review or read their new policy. Unfortunately, many insureds find out for the first time after a loss that the policy they requested isn’t the same or similar to the coverage they previously had. As one appellate court in Illinois recently held, receipt of the policy or policy’s declarations pages showing the limits is enough to put the insured on notice of their limits.1 Continue Reading

Cell Phone Records Support Insurer’s Denial Based on Fraud

When insurers investigate insurance claims and suspect that something about the claim is not quite right, they often assign special investigation units evaluate whether the claim lacks merit or is otherwise fraudulent. In Young v. Progressive Casualty Insurance Company,1 a federal district court in California recently upheld an insurer’s denial of its insured’s claim for the theft of his motor home based on the policy’s fraud and misrepresentation provisions. The court’s decision was based primarily on the cell phone records of the insured’s son. Continue Reading

Insurance Dispute Stemming from Denial of Coverage for Stolen Baseball Card Collection Highlights Bad Faith Claims Handling

The Arizona Court of Appeals recently overturned a trial court’s dismissal of an insured’s bad faith case stemming from a disagreement with an insurance company over coverage for a stolen baseball card collection.1 As a kid who grew up collecting baseball cards, I took particular interest in this case. Continue Reading

CoreLogic Storm Surge Analysis Identifies Nearly 6.9 Million U.S. Homes at Risk of Hurricane Storm Surge Damage in 2017

Commemorating the start of the 2017 Hurricane season, CoreLogic, a leading global property information, analytics, and data-enable solutions provider, released its 2017 Storm Surge Report on June 1, 2017. Alarmingly, this report projects that almost 6.9 million homes along the Atlantic and Gulf Coasts are at potential risk of hurricane storm surge damage with a total Reconstruction Cost Value (RCV) of more than $1.5 trillion.

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Fireworks and Explosions–Fourth of July Spectaculars Are Not Liked by Insurance Companies

Fireworks will literally be exploding outside of my home next to Channelside in Tampa. The video above depicts the view from my master bedroom. So long as those fireworks are blowing up outside of my home and over Tampa Bay, my insurance company has no problem. The question is at what point do fireworks inside the home become an insurance coverage issue. Continue Reading