The 2020 hurricane season began June 1, 2020. It is important for adjusters to prepare themselves now on state-specific policy provisions and statutory language that can impact coverage in the event of another hurricane or named storm this season. Continue Reading North Carolina Department of Insurance Provides Guidance on Procedures for Catastrophic Adjusters
On May 20, 2020, the First District Court of Appeal issued an opinion1 reaffirming the proper considerations when deciding entitlement to a contingency fee multiplier on an award of attorney’s fees. Continue Reading Proper Evidence Supporting Contingency Fee Multipliers Promotes Access to Courts
People’s Trust Insurance Company (“PTIC”) is well-known for invoking the “election to repair” policy provision once it determines a covered cause of loss occurred to property by a peril insured against under the policy.
In conjunction with the “election to repair” clause, PTIC offers Endorsement E023 – “Preferred Contractor Endorsement” in exchange for a premium credit. This is a trap for many homeowners. Continue Reading Declaratory Judgment Action May Be Forthcoming If An Insurer Invokes Its Right To Repair
Yes. The answer is yes, you need it. I won’t give you that lawyer “it depends” answer on this one.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.
This paragraph is often contained at the forefront of property insurance policies. Essentially, it pays for additional costs and loss of income resulting from any application of local, state or federal regulation affecting the rebuild of a covered structure. Continue Reading Ordinance or Law Coverage: Do I Need It?
This reminds me of a well-known phrase my mother used to say to ensure I knew I could never get away with well-organized mischief without her knowing. The saying goes: “You can’t pull the wool over the wool puller’s eyes.” Many carriers try their darndest to do just that: pull the wool over their own policyholders’ eyes without raising an eyebrow. Not that policyholders are the wool pullers, but you catch my drift. Continue Reading My Insurance Company Denied My Claim for Loss of Business Income Because My Property Damages Were Caused by Both Wind and Flood – Can They Do That?
I’ve said it before, and I will say it again. My favorite policy exclusions carriers cite to deny property damage claims are wear, tear, and deterioration, improper workmanship, and construction defect. Do you know whether your state is a concurrent causation state? This could mean the difference between coverage and no coverage for a loss. Continue Reading North Carolina – Concurrent Causation
The reasonable expectations doctrine could be outcome determinative in coverage disputes in the Tar Heel State. Two doctrines courts often consider when analyzing policy interpretation are the doctrines of (1) contra proferentem and (2) the insured’s “reasonable expectations.” North Carolina state courts embrace the doctrine of contra proferentem while its adoption of the reasonable expectations doctrine is more limited. The doctrine of contra proferentem is one of contract interpretation and construes any ambiguity in the contract against the party who drafted the contract. North Carolina state courts apply this principle in policy interpretation. Courts look to the plain meaning of the contract. Strict construction applies unless there is an ambiguity. In the property insurance context, North Carolina state courts use this rule to interpret policy terms liberally in favor of the policyholder and strictly against the insurance company since the insurance company chose the language in the policy. Continue Reading Reasonable Expectations – North Carolina
My primary role as an attorney at Merlin Law Group is to represent the best interests of policyholders and get all benefits owed following a loss. But, I call it like I see it when approached with debatable inquiries from contractors and restoration companies. Continue Reading Florida’s AOB Reform Bill Became Effective July 1, 2019: How Does This Affect Me?
Prompt-pay laws are important to a policyholder’s rights to recover insurance benefits following a wrongful denial or delay in payment of a property damage claim. Prompt-pay laws vary from state to state. The implementation of statutory prompt-pay laws is critical to a policyholder’s recovery following a devastating loss. Continue Reading Statutory Interest Series: Michigan
“The Department of Insurance was created to protect the insurance consumers, public interest, and insurance marketplace by ensuring the solvency of insurers, enforcing and implementing the insurance laws of the state, and regulating the insurance industry in an efficient, courteous, responsive, fair, and equitable manner.”
—The South Carolina Department of Insurance Mission Statement Continue Reading How to File A Complaint With The South Carolina Department of Insurance About Your Delaying, Denying, and Bad Treating Insurance Company