Holly Soffer is General Counsel to the American Association of Public Insurance Adjusters (AAPIA). Strangely enough, we met and started a dialogue about Insurance Coverage Gaps at a half-day leadership conference hosted by the National Association of Public Insurance Adjusters (NAPIA). Continue Reading
Restoration Contractor Revenue and Profit Is Important If Policyholders Are Going To Get Quality Work

Steve Patrick is a guru for those estimating property insurance losses. He made a suggestion on Level The Playing Field, for a construction book, Markup & Profit: A Contractor’s Guide, Revisited. His suggestion caught my eye since Merlin Law Group keeps this work in our reference library. This book is an excellent reference which contractors, property loss estimators, and property loss adjusters can use to help when considering reasonable construction pricing. Continue Reading
Does An Insurer Act In “Bad Faith” If It Denies Coverage For A Hail Loss Based On Its Retained Engineer Defining Hail Damage As Functional Damage?

In my last blog post, I wrote about the Seventh Circuit Court of Appeal’s recent decision in Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company.1 Continue Reading
Do I Have Enough Insurance? Underinsured Homes Are Epidemic

Hurricane Katrina was a huge warning to me about the problem of underinsured homes. We represented hundreds of “slabbed” homes—those where the only thing left was a concrete slab. Virtually all of them were severely underinsured. Some may suggest that this is the most widespread coverage gap. Continue Reading
Wyoming Bad Faith Remedies For Delayed and Wrongfully Denied Property Insurance Claims

We recently were presented with a case involving a property insurance claim in Wyoming. The policyholder was upset, and his public adjuster had a long list of improper actions by the insurance company. Merlin Law Group attorney Jonathan Bukowski wrote a short article about this in, Wyoming Denied or Delayed Property Damage Claims.
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Following A Close Call is a Great Chance to Get an Insurance Checkup

Lila Gross is a feature reporter who interviewed me regarding insurance needs for hurricane coverage after Hurricane Dorian barely missed us. Here are the various segments of this story: Continue Reading
When Is My Flood Claim Preempted?

With Hurricane Dorian causing flooding on the east coast as we speak the question, I often get asked is: when can I sue my flood insurer for a violation of state law? Recently the Corpus Christi Division of the Southern District of Texas addressed the question. Continue Reading
Feral Felines Are Focus of Appellate Court’s Findings on Fracas Over Domestic Animal Exclusion

A few days ago, a family member called to ask me if I was interested in adopting a stray kitten. Hmmm… I had to think about this offer. I have “owned” cats over the years. But cats are quirky. Perhaps that is why memes and videos of domestic cats make up some of the most viewed content on the internet. Continue Reading
Insured’s Prejudgment Interest Award Runs From Date Appraisal Was Demanded

Dewey Hill owned eight townhome buildings in Minnesota insured by Auto-Owners.1 On August 16, 2013, a hail and windstorm damaged the buildings. Three days later, Dewey Hill notified Auto-Owners of the loss and submitted written property loss notices ten days later. Auto-Owners investigated the claim and approximately nine months later issued its first payment to Dewey Hill. A second payment was made by Auto-Owners approximately four months after that. Continue Reading
Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

A recent Southern District of Florida decision addressed this issue.1
A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”) made a claim for damages under the standard flood insurance policy (“SFIP”) covering the property. When Hampson sued Wright National Flood Insurance Company, a Write Your Own (“WYO”) carrier, for breach of the insurance contract, Hampson also sought an award of attorney’s fees, costs and case expenses under the Equal Justice to Access Act (the “EAJA”), 28 U.S.C. § 2412. Continue Reading
