It’s the stuff that dreams are made of. Humphrey Bogart delivers this memorable line at the end of The Maltese Falcon, summing up the allure of the shady characters’ search for the eponymous, elusive relic. Pro-policyholder case law can be equally elusive, especially when unsettled areas of insurance law, like coverage for cyber losses, are at issue. Continue Reading
Appraisal in Nebraska and New Insurance Bulletin Regarding Nebraska Appraisals
Nebraska appraisals are virtually non-existent. The Supreme Court of Nebraska equated an appraisal clause to an arbitration clause, as both serve to “oust” courts of their jurisdiction, and therefore unenforceable.1 Continue Reading
It took my carrier almost a year to make their coverage determination, and now I am being told that the one-year limitations period under the policy ends in a few days. Is that right?
Most insurance policies contain a contractual provision that sets forth the time frame in which the insured must commence suit should a dispute arise concerning the policy. In many instances, these limitation provisions provide that the insured must file suit no later than one year after the date of the loss. Continue Reading
Wyoming Denied or Delayed Property Damage Claims
Property insurance is purchased to help protect an insured with the consequences of a natural disaster or serious storm. Far too often we hear from confused policyholders when their insurance carrier attempts to delay payment of a valid covered claim or unreasonably delays the payment of covered benefits. Fortunately, Wyoming provides several legal avenues to recover those improperly denied or delayed benefits. Continue Reading
Free Flood Insurance Webinar
David Stearnett, who is the Flood Insurance Advocate for the National Flood Insurance Program, and Sha Ron James, Florida’s Insurance Consumer Advocate, should be congratulated for hosting a free webinar on July 25: Guiding and Educating Insurance Professionals and Consumers about Flood Insurance Needs During a Catastrophe. Continue Reading
Everything You Always Wanted to Know About Examinations Under Oath – But Were Afraid to Ask!
The typical post-loss duties set forth in a property insurance policy include requiring the policyholder to submit to an examination under oath (“EUO”) if requested by the insurance company. Continue Reading
Does An Insurer Waive Privilege for Attorney-Client Communications in the Claims File By Denying Bad Faith?
Merlin Law Group is closely monitoring a case pending before the South Carolina Supreme Court to see how it answers the question: “Does South Carolina law support application of the ‘at issue’ exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer?” Continue Reading
AmTrust Buys Tower Insurance But Finds a Way to Not Pay Tower’s Pending Claims
Most people think insurance companies are flush with billions in cash as they continually underpay and deny claims. For most of the big insurance companies, this is true, but for some smaller companies spread across the country and localized in certain states, solvency can become an issue. Often, insurance companies such as Tower Insurance get bought out or declare bankruptcy because they do not have enough assets to pay their claims and overhead, or other larger insurance companies squeeze them out of the market. Continue Reading
When Is “Too Late” for an Insurance Company to Invoke Appraisal?
I often take calls from potential clients and public adjusters frustrated with an insurance company that has denied, delayed and then underpaid a claim and then ultimately invoked appraisal. Often the insured or public adjuster states that multiple inspections have taken place with substantial correspondence between the parties and the question is, “can the insurance company do that? It has been too long and time and resources have been wasted. Can we argue the insurance company waived the right to invoke appraisal?” Continue Reading
Denied Water Damage Claims and Unethical Adjuster Conduct
Denied water damage claims are one of the more frequently handled claims by our law firm. The cost to repair these claims can be quite high depending on many factors including the length of time the water leaked, the length of the leak, the nature of the water, and the location of the water leak itself. Continue Reading
