The title of this post is what I thought while reading a motion for summary judgment filed last week in a pending Arizona case in which our firm has no involvement.1 Unless the policyholder may have criminal implications arise as a result of providing testimony, I would suggest there is no upside to refusing to go to a pre-suit demand for an examination under oath.        

Continue Reading What is The Upside To Refusing To Appear At an Examination Under Oath?

Economic downturns can cause an increase in vacancies, as I wrote about thirteen years ago in FC&S Warns Agents and Policyholders to Watch the Vacancy Exclusionary Clause. A lot of other reasons cause commercial buildings to become vacant and may adversely impact the amount of available insurance coverage if the building sustains a loss during that vacancy.

Continue Reading Developers, Commercial Owners, and Property Managers Need to Be Aware of Vacancy Clauses

One year ago, I wrote Does the Appraisal Process Violate the Constitution? This was about a Hurricane Irma appraisal case which is still moving at a snail’s pace. The parties have not even started the appraisal process because of all the issues being raised by the insurance company. The federal appellate court ruled last week that those issues could not be ruled upon until a final judgment is entered by the trial court.1 

Continue Reading Invoking Appraisal Does Not Mean That Litigation Won’t Have Significant Delays—Why Go To Appraisal If You Cannot Get the Insurance Recovery Quickly?   

The whopping bad faith verdict I wrote about in Whopping Bad Faith Verdict Caused By Insurers Hiring the Policyholder’s Expert, almost never happened. The insurance policy required a lawsuit to be filed within a year of the loss. The lawsuit was not filed within that time frame.

Continue Reading How Does Indiana Treat the Twelve-Month Limitation Period to File Suit?

The Academy of Insurance membership is a deal for those wishing to learn how the insurance product is supposed to work. Members of Merlin Law Group regularly schedule classes to learn how the insurance industry thinks about its operations and products. Professionals in the claims industry should join the Insurance Academy and learn from its course offerings.

Continue Reading Learning Business Income and Extra Expense Insurance Through the Insurance Academy

The Merlin Law Group is often approached by individuals wishing to make insurance claims on policies where they are not the named insured. These are typically shareholders or members of a corporate insured seeking to make claims for bad faith or emotional damages due to an insurer’s denial of benefits. A recent unpublished case from the United States Court of Appeals for the Ninth Circuit shed light on which parties have the right to make a claim or sue on a commercial insurance policy.

Continue Reading Who Has a Right to Sue the Insurance Company? A Recent Case Suggests Standing Requires a Policyholder or the Holder of a Valid Assignment


Hurricane season is quickly approaching. As Floridians, we are well acquainted with the immense power and destruction these storms can bring. The upcoming Atlantic Hurricane Season runs from June 1 through November 30, 2023.

Continue Reading Preparations for the Upcoming 2023 Hurricane Season

A whopping bad faith $112 Million punitive damage verdict in an Indiana federal court last week appears to be the result of insurers trying to “flip-flop” the policyholder’s expert consultant.1 The trial court noted the issue, denying the insurers’ motion for summary judgment of the bad faith action:  

Continue Reading Whopping Bad Faith Verdict Caused By Insurers Hiring the Policyholder’s Expert