Tag Archives: Good Faith Claims Handling

Superstorm Sandy Draft Estimates of Damage Ordered Produced–Have They Been Altered as Well?

All estimates of damage, including draft estimates of damage made by adjusters, have been ordered to be produced in a Superstorm Sandy flood damage case.1 Typically, insurance company flood attorneys have made the same arguments they made regarding drafts of engineering reports—“We and our clients do not have them, judge."… Continue Reading

Adjusting Hailstorm Damage Insurance Claims from Photographs

Insurance adjusters are taught to investigate coverage and evaluate damage. Good faith performance requires that this be done in a prompt, thorough, and honest manner. Most adjusters are taught to document what they see in the field through photographs, video, and the collection of evidence. Good faith also requires that the adjusters undertaking this important … Continue Reading

Does Your Property Insurer Owe You A Duty Of Good Faith In Processing Your Super-Storm Sandy Claim?

Many policyholders were unable to get through to their insurers in the wake of Super-Storm Sandy, while others’ claims have been denied by insurers that never even sent a representative to the damaged property. Is it unreasonable for insurers to handle claims in that fashion, and does your property insurer owe you a duty of … Continue Reading

Bad Faith Without Breach of Contract? Indiana Supreme Court Says the Duty of Good Faith Includes the Manner of Handling the Claim

Insurance policies contain words that become ambiguous as technology and building practices change, causing good faith disputes over coverage to arise. While a good faith dispute over coverage does not constitute bad faith, one court suggested that an insurance company can be liable for bad faith if it fails to fairly treat its policyholders during … Continue Reading

Many Insurance Vendors Write Scope and Price Higher or Lower Depending on Whether They Get the Job

Insurance contractors who write estimates for insurance companies with which they have close relationships have a conflict of interest. When contractors are not in league with insurers and they are making truly independent estimates they expect to complete without change orders, I find that the estimates are much higher and more liberal than when a … Continue Reading

Obtaining Meaningful Claims Practice Discovery From Safeco, Liberty Mutual and Other Insurers

(Note: This guest blog is by Vivian Persand, an attorney with Merlin Law Group in the Coral Gables office). How many times have you reviewed documents produced by Safeco, Liberty Mutual or other insurers, only to receive virtually nothing significant other than a large privilege log? While the purpose of discovery is to exchange relevant … Continue Reading

Learning Obligations of Good Faith Insurance Claims Conduct and Litigation Strategies Through Safeco and Liberty Mutual Examples

Safeco Insurance Company cancelled depositions in a Texas insurance litigation matter yesterday. So, we spent the day working on Safeco and Liberty Mutual Insurance Company discovery and networking with other consumer attorneys who are helping clients with Safeco and Liberty Mutual claims problems. The collegiality of policyholder attorneys helping each other is refreshing. The Texas … Continue Reading

State Farm Recognizes that Good Faith Requires It to Inform and Assist the Policyholder to Fully Obtain All Benefits

This is a continuation of State Farm Agrees With Chip Merlin Regarding Claims Handling Obligations and State Farm Claims Handling Standards. These are some of the standards, which are the recognized insurance industry obligations of good faith claims handling, that State Farm teachs to its claims adjusters.… Continue Reading

State Farm Claims Handling Standards

State Farm has a First Party Coverage Seminar which sets forth the claims handling standards that are fairly standard throughout the insurance industry. The instructor’s manual to this seminar should be studied by insurance coverage counsel. It sets forth very explicit claims adjustment standards and even explains the purpose for many of them. I will … Continue Reading
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