Since 1991, United Policyholders has been a voice for policyholders and an organization that has taken action in legislative, judicial, and consumer venues to assist policyholders and promote policyholders’ best interests. One example is their Amicus Project. They have written appellate briefs in 42 states and in more than 450 cases. United Policyholders briefs have been cited by numerous state supreme courts and the United States Supreme Court. Last week, United Policyholders filed an amicus brief in the Mama Jo’s case. The case and the Petition for review to the United States Supreme Court was recently discussed by Iris Kuhn in, Restaurant Asks U.S. Supreme Court to Hear Appeal of Eleventh Circuit’s Ruling on “Direct Physical Loss.” Continue Reading United Policyholders Notes How the Mama Jo’s Case Was Wrongly Decided and Now Harming Proper Legal Analysis of Business Interruption Coverage Cases
Jean Niven recently wrote a blog post about insurance coverage cases being won or lost based on expert witnesses and the preparation of their reports and testimony.
Mama Jo’s, Inc. d/b/a Berries, has now petitioned the U.S. Supreme Court to hear an appeal of the Eleventh Circuit’s ruling1 that the restaurant is not entitled to coverage under an “all risk” commercial insurance policy for business income losses and expenses caused by construction dust and debris that migrated into the restaurant. Continue Reading Restaurant Asks U.S. Supreme Court to Hear Appeal of Eleventh Circuit’s Ruling on “Direct Physical Loss”
Some of you may have heard the age-old adage, knowledge is power. This phrase is especially relevant when it comes to your homeowners policy because knowing what is and is not covered under your policy can save you a lot of strife in the event of a loss. In order to know and understand your policy, you first have to read it. As Bill Wilson emphasizes in his book, When Words Collide: Resolving Insurance Coverage and Claims Disputes, you need to Read The Full Policy! Continue Reading Comparing Various Types of Homeowners Insurance Forms
Courts across the country have split on the key COVID-19 coverage question of whether a policyholder’s inability to fully operate its business caused by COVID-19 restrictions would satisfy the policy’s business interruption coverage requirement that the “loss” had to be a result from a “suspension of operations” caused by “direct physical loss of or damage to covered property.” Continue Reading Multi-District Litigation Policyholders Win a Business Interruption Coverage Battle Over “Direct Physical Loss”
The Citizens Property Insurance claims management provided a number of reports to the Citizens Board of Governors yesterday. For readers of this blog and policyholders who want to know what Citizens thinks of its claims handling, I suggest that you read the various reports which I have attached to this post.1 Continue Reading Is Citizens Property Insurance Giving You a Hard Time with Your Insurance Claim? Here Is Why, Based on Statistics Provided by Citizens Claims Management
Rene Sigman and public adjuster James Howard were quoted in the television news story above. Rene Sigman will be my special guest host on Tuesday @ 2 with Chip, discussing all issues involved with the frozen pipe and water loss catastrophe facing Texas. Continue Reading Frozen Pipes and Water Loss Claims Discussed on Tuesday @ 2 with Chip Merlin
It has been a chilling sight over the past week in Texas. While not going into work may seem cool, it was the cold that kept everyone from going anywhere. It all started in my hometown of Fort Worth, Texas. At least six people died and dozens were taken to hospitals after an accident involving more than 100 vehicles on a Fort Worth interstate. A pileup that was the most staggering of the crashes that dotted ice-slicked roads across the Dallas-Fort Worth metroplex.1 Continue Reading Frozen Pipe and Water Claims—Are Grid and Power Operators Facing Liability and Subrogation Lawsuits?
In the many catastrophes in which we have educated and assisted policyholders in understanding their rights, obligations, and benefits under their policies, we have never seen or heard of insurer non-response like we have in Louisiana after Hurricanes Laura and Delta. Continue Reading Louisiana Policyholders Have a Right to Obtain a Complete Copy of Their Policy
If you’re a repeat reader of the Property Insurance Coverage Law Blog, you have likely come across a reference to one of Bill Wilson’s most important policy interpretation doctrines: RTFP!1 or “Read the full policy.” But what happens when you encounter a conflict not contemplated in the policy? Or worse yet, are not aware that consumer protections exist that can assist claim handling and broaden or clarify coverage? Continue Reading 2021 California Legislative Update: Assembly Bill 3012
Determining and calculating pre-judgment interest has been the topic of many blog posts over the years. Recently, the Minnesota Court of Appeals addressed this issue of what triggers the running of statutory interest in the case of Blehr v. Anderson, No. A20-0691, 2021 WL 79163 (Minn. App. Jan. 11, 2021). While this case arises in the context of an insurance dispute arising from an automobile accident, it applies to property insurance disputes. Continue Reading What Constitutes “Written Notice” for Triggering Prejudgment Interest?