What Insurer Conduct Is Prohibited and Considered Unfair Under California Law? A Quick Guide to Holding an Insurer Accountable

The California Fair Claims Settlement Practices Act outlines specific insurer conduct prohibited and considered unfair to insureds. Identifying prohibited insurer conduct and effectively communicating to a carrier it committed prohibited acts will lead to better claim results. Continue Reading

Recovery of Consequential Damages after Foreclosure

Depending on the jurisdiction, one element of an insured’s damages in a first-party property insurance claim may include consequential damages. Consequential damages are an indirect result of a direct loss.1 Lost profit, lost rents, and lost business opportunities are examples of consequential damages that could be incurred as a result of a direct physical loss to property.2 Continue Reading

How To File A Complaint With The Alaska Division of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

When Alaskans are mistreated by their insurance companies, they can turn to the state government for help. Alaska’s Department of Commerce, Community, and Economic Development’s Division of Insurance has the authority to accept and investigate complaints by consumers. Continue Reading

Non-Renewal or Cancellations of Commercial Insurance Policies in Puerto Rico after Hurricane Maria

Many Policyholders in Puerto Rico are concerned about the notifications of non-renewal or cancellations they received after Hurricane Maria claims. This is a matter that affects both residential and commercial Policyholders. The process of obtaining insurance coverage from a different insurance company can be even more difficult when repairs related to a prior claim have not been completed. Continue Reading

How To File A Complaint With The New York Department of Financial Services About Your Delaying, Denying and Bad Treating Insurance Company

Linda A. Lacewell, Superintendent of the New York State Department of Financial Services

Since the New York Department of Insurance was abolished in October 2011, the New York State Department of Financial Services has supervised and regulated all insurance companies that do business in New York. The Department of Financial Services attempts to ensure fair and equitable dealings between insurers, agents, and policyholders regarding all insurance transactions. The Department of Financial Services also receives and investigates all complaints against agents or insurers. Continue Reading

Texas Hail Claims – Know Your Rights Under Chapter 541 of the Texas Insurance Code

If your home was burglarized, would you sit back and do nothing? No. You would likely call the police or law enforcement to report the burglary, and hope they find your stolen property. If the police arrested the person who stole your property, would you let that person off without punishment, accountability, and repayment for your stolen property? Hopefully not – you would hold them accountable because they violated the law, and took something that belonged to you – they deprived you of your property that you worked hard to earn and purchase.

So why wouldn’t you hold the insurance company, adjusters, or other insurance personnel accountable if they violate the law? Maybe you didn’t know that you could, but you can, which is why its incredibly important to know your rights under the Texas Insurance Code. Continue Reading

Colorado Not Replacing Contractor Overhead and Profit Bulletin

The Colorado Department of Insurance will not be repealing its longstanding bulletin requiring that contractor overhead and profit be a part of a calculation to determine actual cash value at tomorrow’s stakeholder meeting in Denver. This is fantastic news for all Policyholders and the correct decision by those dealing with this issue in the Colorado Department of Insurance. We discussed the issue in, Colorado Overhead and Profit Issues—Merlin Law Group Files a Response for Colorado Policyholders, and noted this meeting in, How To Adjust Actual Cash Value and Overhead and Profit in Colorado—Colorado To Hold Public Forum For Comments. Continue Reading

Legal Action Against Us Clause

While the timeframe to file a legal action is generally defined under the Statute of Limitations, in some states an insurance policy can contractually establish a shorter period to file a legal action. In a recent California case, Keller v. Federal Insurance Company,1 the Ninth Circuit upheld a Legal Action Against Us clause, finding the homeowners waited too long to file a lawsuit. Continue Reading

Am I Covered For Water Loss To My Home? Don’t Trust Advertising Lawyers and Find Quality Professionals To Help If Your Insurer Says “No” To Coverage

The recent blog post, My House Has Suffered Water Damage, Am I Covered? suggested to hire a licensed public adjuster, or an attorney if the claim was denied, to help you with a water loss claim. This led me to question, “how anybody would find a quality public adjuster or attorney?” The common answer in today’s computer age is to “Google” a phrase like “water loss in home public adjusters and attorneys.” Continue Reading

My House Has Suffered Water Damage, Am I Covered?

Lately, much of the United States have seen wild swings of severe weather. From the mid 70’s on Saturday to 47 degrees and an inch of rain on Monday, severe weather can wreak havoc on your home. With torrential rains and flash flood in most parts of the Northeast recently, many find themselves asking: my house has suffered water damage, am I covered? Continue Reading

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