Auto Dealer Insurance Policies

For the past few days, it’s been raining cats and dogs in New Jersey. Being stuck inside, I was scrolling through my social media feed and came across a video of multiple new cars being washed down what appeared to be a river from a car dealership. This led to a lively discussion on my reposting of the video as to whether the insurance company would pay for the loss of vehicles, which of course got me thinking, would this be a covered loss? What types of policies do car dealerships typically have? Continue Reading

Rocky Mountain Public Adjuster Association Education Seminar

Representing licensed public insurance adjusters operating in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming, the Rocky Mountain Association of Public Insurance Adjusters celebrates its fifth year in 2018. In just two short weeks, RMAPIA is holding its annual Fall Meeting and Seminar on August 24th in Denver at the Hilton Garden Inn Cherry Creek. Continue Reading

Reciprocal Insurance Companies

Federal courts are courts of limited jurisdiction, possessing only that power authorized by Article III of the United States Constitution and statutes enacted by Congress. Under 28 U.S.C. § 1332, federal district courts “have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000 … and is between … citizens of different States.” Whereas the Constitution contemplates minimal diversity, § 1332 requires complete diversity—no plaintiff may be a citizen of the same state as any defendant.1 For purposes of diversity jurisdiction, a corporation is a citizen of both the state where it is incorporated and the state where its “nerve center” (typically its headquarters) is located.2 Continue Reading

Can Appraisal Take Place Over Property That Has Been Demolished?

Florida’s Federal Middle District believes it can.1 After Hurricane Irma struck its commercial building in Port Charlotte, Florida, building owners Etcetera, Etc, Inc., filed an insurance claim under their policy with Evanston Insurance Company (“Evanston”). Evanston began its investigation, and as that was underway Charlotte County also inspected the building and issued a “Notice of Unsafe Building” stating the building “was in danger of collapse.” Continue Reading

Insurance Company Acting in Bad Faith? Pennsylvania Protects Policyholders if Facts Are Plead

Policyholders need insurance laws which protect them if their insurance company delays, denies or wrongfully adjusts their claim. Attorneys have long recognized that insurance law is a specialized niche area of the law with strange nuances. Attorneys not dedicated to this field of law may fail to appreciate or may even miss small but important details when representing a client with Insurance problems. A case in Pennsylvania is a case in point. Continue Reading

Examinations Under Oath: Be Careful What You Ask For

My article published in Adjusting Today,1 Property Insurance 101: Everything You Always Wanted to Know About Examinations Under Oath – But Were Afraid to Ask!, was the subject of my blog post last month. As discussed in the article, an examination under oath (“EUO”) is not just another deposition. An insured’s counsel must be well-versed on the nature and the extent of the contractual duty to submit to an EUO and the consequence of non-compliance. Continue Reading

Interest and Attorneys’ Fees? – Saved by the Federal Rules of Civil Procedure

In a recent decision from a United States District Court, the trial court had to decide whether the insured was owed statutory interest and attorneys’ fees even though the insured did not properly plead for the interest or fees. In Agredano v. State Farm Lloyds, the insured prevailed on their breach of contract claim.1 After the trial, the court had to decide if the insured was allowed to recover statutory interest and attorneys’ fees. Continue Reading

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