Insurer Must Cover Policyholder’s $4.8 Million Cyber-Scam Loss

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

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

Photo by Kate Wiltshire / AP

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

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

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