Insurance policies are to be interpreted in the light most favorable to the insured. Narrowly interpreting policy language can help find coverage for an insured, as was the case in Tuscarora Wayne Insurance Company v. Hebron.1 Continue Reading
Rene Sigman Appointed to Committee Determining Model Disaster Litigation Case Management Orders
Rene Sigman – Head of Texas Litigation
Rene Sigman of Merlin Law Group has been appointed to an elite group of attorneys and judges working on Model Case Management Orders designed to streamline insurance cases following natural disasters. The Institute for the Advancement of the American Legal System issued a press release which stated in part:
IAALS, the Institute for the Advancement of the American Legal System, with the support of a grant from the American College of Trial Lawyers, is leading a new initiative to expedite this recovery process for everyone involved—the victims seeking recovery, the insurance industry, and the legal system. Together with nationally renowned attorneys from all perspectives— including plaintiff and defense, FEMA, the Texas U.S. Attorney’s office, and state and federal judges—IAALS is developing streamlined, pattern protocols for discovery in first-party insurance cases arising from disasters, both natural and man-made. Continue Reading
Florida Department of Insurance Says Anybody Hired By a Licensed Public Adjuster Can Participate in Preparing an Insurance Claim By Writing the Insurance Estimates of Damage
The Florida Department of Financial Services (DFS) has issued an email authorizing Florida licensed public adjusters to hire anybody to make estimates of damage. This email corrects my latest two blogs which indicated that the OIR wanted to prevent those not licensed from working on insurance claims by determining valuations of loss and estimates of damage. Continue Reading
Writing Estimates or Aiding in the Preparation of a Hurricane Michael Claim Requires a Public Adjuster License
Florida Insurance Commissioner David Altmaier
Florida Attorney General Candidate Sean Shaw and I collaborated and drafted language that made people making the values, numbers, scopes of loss or directly or indirectly, helping determine an insurance claim amount, have an attorney license or a public adjuster license. We wanted to better protect consumers and help stop allegations of or actual insurance fraud from occurring. Continue Reading
Is Cryptocurrency covered by Insurance? It Depends, Is Cryptocurrency “Money” or “Property”?
It is estimated that approximately 8% of Americans own some form of cryptocurrency.1 Although cryptocurrency first appeared in 2008, it is still in its early stages. In fact, what is meant by a cryptocurrency is still evolving. It was not until March of this year that Merriam-Webster Dictionary first codified a definition of cryptocurrency, which it defined as:
Any form of currency that only exists digitally, that usually has no central issuing or regulating authority but instead uses a decentralized system to record transactions and manage the issuance of new units, and that relies on cryptography to prevent counterfeiting and fraudulent transactions.2
Idaho Denied or Delayed Property Damage Claims
During the recent Summer 2018 RMAPIA Conference, Larry Bache and I had an opportunity to discuss regulations and remedies available to first party policyholders within the RMAPIA states. Continuing that discussion, this post will review the legal remedies available to Idaho policyholders enduring the frustration of a delayed or denied insurance claim. Fortunately, Idaho provides several remedies to assist policyholders in their efforts to recover insurance benefits due and owing under an insurance policy. Continue Reading
Are Insurance Scores and Credit Scores the Same Thing?
The short answer to the question is “No, not exactly.” Credit scoring is specifically related to the loan of money and paying bills. The objective in credit scoring is to discern the likelihood of an individual paying off borrowed funds on time and over a period of time. To determine the “creditworthiness” of an individual prior to making a loan, lenders will apply several money-borrowing factors such as the individual’s total amount of debt, type of credit utilized, length of credit history and payment history. Continue Reading
It’s Rain, Not Flood, Why Isn’t My Water Damage Covered?
The photos from Hurricane Michael show catastrophic loss from not only the storm surge, up to fourteen feet in some areas, but from winds and rain as well. For those that live far enough inland where surge and flood was not an issue, but still sustained water damage from rain, you may think your homeowners policy will cover you. There is however an exclusion in most policies, commonly called the “wind driven rain exclusion” that insurers will use to disclaim coverage. Continue Reading
Hurricane Michael Victims: Watch Out For Scammers and Criminals
Sean Shaw sponsored and passed a law that protects victims of hurricanes from scammers and criminals. This new law became effective January 1 of this year. Some bad apples are breaking the law, and these scammers need to be stopped. Continue Reading
Are Property Insurance Appraisers Regulated? – A Reminder of Recently Enacted HB 911 for Those Heading to Florida to Assist with Hurricane Michael
Rep. Sean Shaw
House Bill 911, effective January 1, 2018, was filed by Representative Sean Shaw and enacted by the Florida Legislature to amend Fla. Stat. § 626.854, which protects policyholders through the regulation of public adjusters. Chip Merlin discussed this new law in detail in his post on July 2, 2017. In requiring public adjusters to be licensed by the State of Florida and defining the scope of their services, the Florida Legislature also excluded the growing practice of unlicensed public adjusting and the unauthorized practice of law. By defining what a licensed public adjuster can do for policyholders, the amended law notifies contractors, vendors, accountants, and others known after a catastrophe to unlawfully solicit business to act in the scope of a public adjuster. One service to policyholders that was recently questioned was whether an appraiser is required to be licensed in Florida. In the answer to this question, many others will find the answer to other services related to public adjusters, which do require a license. Continue Reading
