Direct fire and heat damage has been easy to spot from the Marshall fires. There are many more smoke damaged structures that insurance companies know are damaged and dangerous to occupants. Some owners return to work and live in those structures, and many are questioning if it is safe to do so. A recent story, No return: The Unseen Toll of the Marshall Fire’s ‘Standing Home’ Survivors, sets the stage and explains part of the current situation: Continue Reading The Science of Smoke Damaged Structures From the Marshall Fire
Ed Eshoo is an excellent trial attorney. He gave a speech today with Stephanie Lee of Coppermark Adjustment at the First Party Claims Conference, Understanding Replacement Cost, ACV, Functional Replacement Cost and The Broad Evidence Rule. These concepts are at the core of property insurance adjustment and must constantly be studied because of changing policy language and case law. Continue Reading No Depreciation of Labor In Vermont
In a matter of days, the Florida legislature is poised to consider another sweeping round of legal changes to Florida’s property insurance market. In large part at the behest of CFO Jimmy Partronis, whose campaigns are largely funded by the insurance companies he is supposed to regulate, the legislature will consider a slate of “reforms” taken directly from the insurance industry’s Christmas list. Continue Reading Insurance Company Denials and Underpayment Drive Florida Insurance Litigation
Guess where the title of this post was copied from? The Massachusetts Division of Insurance! Continue Reading When Filing a Property Claim After a Disaster, It Is Rarely a Bad Idea to Employ a Public Insurance Adjuster
Note: This guest post was prepared by Kevin Connor for the American Policyholder Association.
For years, property insurance companies in Florida paid out excessive executive compensation packages and stock dividends, essentially transferring profits into insiders’ pockets instead of preparing for future years of adverse underwriting experiences as most insurers do.
Now these same companies are pointing to the cost of fraud and litigation as reasons for losses and rate increases which seem to be a strategy to divert attention away from the impact of mismanagement and corporate greed. Some continue to pay out generous cash dividends to shareholders even as they file for substantial rate hikes, stop writing policies in parts of the state, or look to withdraw from the Florida markets altogether. Continue Reading Major Florida property insurers paid out excessive executive compensation packages, dividends for years
Florida’s legislature has been called back for a special session starting December 12 regarding the most current insurance crisis. Attorneys, contractors, public adjusters, and policyholders have been calling me, asking what is going to happen and what is on the table. Continue Reading One Week Before Florida’s Special Insurance Session—What is Going To Happen?
Every month I receive and read Barry Zalma’s Fraud Newsletter. It usually has a lot more insurance claims information than stories only about fraud. This month’s edition had a lot of information, and I want to suggest that readers of this blog also subscribe to Zalma’s publication. Continue Reading Barry Zalma’s Fraud Newsletter Stands the Test of Time
Shortly before Thanksgiving, the Minnesota Supreme Court issued an opinion in St. Matthews Church of God & Christ v. State Farm Fire & Cas. Co., No. A21-0240, 2022 Minn. LEXIS 501 (Minn. Nov. 23, 2022), that, unfortunately for policyholders, concluded that State Farm was not required to pay for repairs to bring exterior masonry up to code following a loss. Continue Reading Court Holds State Farm Not Required to Pay for Repairs to Bring Exterior Masonry Up to Code Following Loss
The post, Can Appraisal Turn Into A Kangaroo Court, noted that a number of Connecticut courts describe appraisal as arbitration. Does Connecticut’s arbitration code determine the process of appraisal in Connecticut? Continue Reading Does The Appraisal Process Follow the Arbitration Code in Connecticut?
Property insurance policies rarely have language describing the process of an appraisal to resolve controversies. I have often said this invites “kangaroo court” justice. Continue Reading Can Appraisal Turn Into A Kangaroo Court?