Electric Scooters (“E-Scooters”) are electric motor powered “stand-up” scooters often reaching speeds exceeding 15 or 20 mph and usually do not require a driver’s license to operate.1 They are classified as a form of micro-mobility2 and are designed with two wheels and a base deck in the center on which the rider stands. Continue Reading Electric Scooters: Are You Covered Under Your Homeowner or Automobile Insurance Policy And Are E-Scooters Regulated By the State of Texas?

Merlin Law Group has agreed to host an OSHA 30 class being put on by 1 Life Safety in Houston on February 4th – 7th. This blog has repeatedly posted about how contractor costs to comply with OSHA on a job should be included in insurance estimates. This class is a great opportunity to get your certification and learn exactly what is required by law for contractor compliance. Continue Reading Merlin Law Group to Host OSHA 30 Class in Houston

The title to this post would almost certainly be answered “no” by any insurance regulator or consumer advocate. But Liberty Mutual Insurance Company argues this is exactly what it can do with no consequence because the fraudulent and deceptive statements in the declarations should have been found by the policyholder reading the fine print in the policy endorsement—which is anything other than an enhanced product. Continue Reading Can Insurance Companies Send Declaration Pages Which Indicate Enhanced Coverage Yet Deliver Diminished Coverage In The Fine Print In The Back of Endorsements?

The “Suit Against Us” provision is typically found in the “Conditions” section of a homeowners insurance policy. This provision explains to an insured when he or she can initiate a lawsuit against the insurance carrier. However, the timeline reflected in the provision may not be enforceable as certain states do not allow the insurance policy to conflict with the state’s Statute of Limitations for Breach of Contract Actions. Continue Reading Property and Casualty “Suit Against Us” Provisions: Maryland and Delaware

In the last two weeks, Puerto Rico has experienced earthquakes that have caused significant damage to homes and buildings, especially in the southwest area of the island closest to the earthquake epicenters. Many of these properties have collapsed and others are under dangerous conditions. The government has asked the people to abandon homes that are not safe, and the Governor declared a State of Emergency due to the seismic activity continues in Puerto Rico. Continue Reading Can My Insurance Company Deny Coverage If I Vacate My House After an Earthquake?

Merlin Law Group attorney Jason Cieri and I were discussing recent cases in Connecticut. There will be a Connecticut Association of Public Insurance Adjusters meeting tomorrow. One case in particular piqued my interest because a policyholder was awarded a million dollars by a jury following a fire claim where the insurer wrongfully accused the policyholder of arson.1 Continue Reading Arson Denial Results In Policyholder Obtaining Emotional Distress Damages From Insurer’s Negligent Arson Investigation

The point of this blog is to implore policyholders to buy what is commonly called code upgrade coverage – formally known as law and ordinance coverage. I was thinking about this after reading two different articles discussing very different losses in very different parts of the world. Continue Reading The Importance of Revising Building Laws and Ordinances, Which Explains Why Law and Ordinance Coverage Law is So Important To Purchase

Ordinarily, multiple family members residing in the same household qualify as insured persons under a homeowner’s insurance policy. What happens when one of the insureds intentionally causes a loss, but the others do not? Are the innocent co-insureds precluded from recovering under the policy? Continue Reading Am I Barred From Recovering Under An Insurance Policy Because of Another Co-Insured’s Intentional Acts?

Puerto Rico Hurricane Maria claims are not close to being finished. Now, we have major earthquakes impacting Puerto Rico. The worst example of poor treatment to policyholders following a hurricane catastrophe is found in Puerto Rico. It is sad and now numerous earthquakes are causing more damage and loss. Continue Reading Puerto Rico Earthquakes—Could Anything Happen At a Worse Time For Puerto Rico? What Should Those Suffering From Earthquake Damage in Puerto Rico Do?

A younger attorney recently asked me who I considered was the first property insurance attorney representing policyholders on a regular basis in Florida. Maurice Rosen came to mind. I met Rosen while I was still working as a very young attorney insurance defense attorney with Paul B. Butler & Associates in 1983. Continue Reading The First Florida Property Insurance Lawyer—Maurice Rosen