Search results for: Tamara Chen-See

Merlin Law Group attorneys Chris Mammel and Tamara Chen-See won an appraisal case pending before the 10th Federal Circuit Court of Appeals.1 The court ruled that the factual determination of damage to brick siding caused by a hailstorm is a factual matter for appraisal and not a coverage issue. The ruling was similar to the recent Connecticut Supreme Court holding involving matching noted in Matching is a Factual Determination and Can Be Resolved by Appraisal. Continue Reading Insurers Cannot Escape Appraisal Arguing Factual Determinations of Damage Create Coverage Issues

Great minds are dedicating tremendous attention currently to finding coverage for the financial impacts of COVID-19. Without citing to them all here, this blog has tracked and commented on many of the early efforts, including the recent comments of President Trump giving his opinion that if insurance carriers have issued policies providing business interruption coverage, they should honor that coverage. Doubtless, we can all come together on that rhetoric, though it doesn’t take the place of analysis and will not help much in the inevitable litigation. Continue Reading Pathways to Coverage

When an insured disputes coverage or the amount of loss under an insurance policy, it frequently finds it necessary to hire a claims professional – a licensed public adjuster or other claim consultant, or an attorney for assistance. Continue Reading What are the Boundaries of the Attorney/Client Privilege – Can a Public Adjuster Be a Part of Privileged Communications?

As policyholder attorneys, we frequently hear concerns from public adjusters that at the conclusion of a difficult adjusting process with an insurance carrier, a release was demanded in exchange for some agreed payment for the loss.1 Public adjusters cannot advise their clients whether the release is appropriate since that advice would constitute the practice of law, and the policyholder is then presented with a dilemma: sign the release to receive the insurance check – and give up the right to seek supplemental benefits under the policy – or refuse and challenge the insurance company’s release requirement. Continue Reading The Trouble with Releases of Claims in Exchange for Policy Benefits

The appraisal alternative dispute resolution procedure in most first-party property insurance policies in Florida is a valuable process for insureds. In our experience at Merlin Law Group, few states in the country have a greater need for an understandable, enforceable appraisal process than Florida. Since at least Hurricane Andrew in 1992, policyholders and insurers have resorted to appraisal as a quicker, more cost-effective, binding means to determine a critical issue under the policy – the amount of a loss. Continue Reading Much Needed Clarification of Appraiser Qualifications in Florida

In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument. Continue Reading Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?

In a recent post, Policyholders May Benefit From All Their Coverages, I discussed the importance of carefully evaluating all the insurance benefits potentially available to policyholders if a catastrophic loss occurs. That blog examined the decision in Citizens Property Insurance Corp. v. Hamilton,1 which allowed recovery of benefits for a total loss due to flood and due to wind damage under both a flood and a separate specified-peril wind insurance policy. Continue Reading Policy Exclusions Must Be Narrowly Applied to Assure Policyholders Receive All Benefits Available

Following the devastating damages from Hurricanes Harvey, Maria, and Irma, homeowners and businesses alike examined their insurance coverages to assist their recovery. For most people that have never needed to use insurance benefits, or had only small claims, these policies may have seemed like just another large expense every year that mostly protected the bank on its lending. However, when a loss happens each insurance policy should be recognized as the asset it has always been, available to provide funding for large, unanticipated expenses. The case I discuss next illustrates why understanding insurance principles is so crucial to gathering all available policy benefits. Continue Reading Policyholders May Benefit From All Their Coverages

Following the devastating damages from Hurricanes Harvey, Maria, and Irma, homeowners and businesses examined their insurance coverages to assist their recovery. For most people that have never needed to use insurance benefits, or had only small claims, these policies may have seemed like just another large expense every year that mostly protected the bank on its lending. Actually, when a loss happens each insurance policy should be recognized as the asset it has always been, available to provide funding for large, unanticipated expenses. The case I discuss next illustrates why understanding insurance principles is so crucial to gathering all available policy benefits. Continue Reading Policyholders May Benefit From All Their Coverages

I often give speeches and challenge those in the audience to better themselves through education and joining with others in endeavors so that, by mutual experience, the best practices can be copied for current and future policyholder clients. I feel like I have done this with the addition of nine new attorneys into our firm on Monday.

Continue Reading How Do We Get Better and Be the Best at Helping Policyholders?