In part 5 my series on Proving and Winning a First Party Bad Faith Case, I posted the interrogatories I recently served on the insurer’s attorney on a case I am handling in federal court in the Western District of Missouri. The interrogatories will provide me with information regarding how the policyholder’s claim was handled and the information helpful in determining who I will depose.

Continue Reading Proving and Winning a First-Party Bad Faith Case, Part 6 – The Nuts and Bolts of Discovery

In part 4 my series on Proving and Winning a First Party Bad Faith Case I posted the Request for Admissions I recently served on the insurer’s attorney on a case in federal court in the Western District of Missouri. Along with the Request for Admissions I filed the following Interrogatories on the Defendant, United Fire and Casualty Company.

Continue Reading Proving mand Winning a First Party Bad Faith Case, Part 5 – The Nuts and Bolts of Discovery

In part 3 my series on Proving and Winning a First Party Bad Faith Case, I posted a Request for Production of Documents I recently served upon the insurer’s attorney on a case I am handling in federal court in the Western District of Missouri. In that case the insurer’s attorney requested information from my client in the insurer’s Requests for Production of Documents that would be needed to support my client’s allegations that the insured did not act reasonably and in good faith when adjusting my client’s claim. My client hired a public adjuster in that case who documented all of his communication with the insurer’s representatives as well as shared information with the insurer’s representatives in writing regarding the communications the policyholder and he had with contractors who evaluated the damage at policyholder’s property as well as building code representatives regarding building codes that must be complied with when replacing or repairing the damages incurred at the policyholder’s property.

Continue Reading Proving and Winning a First Party Bad Faith Case, Part 4 – The Nuts and Bolts of Discovery

In this part of my series on Proving and Winning a First Party Bad Faith Case in Colorado, I am going to disclose the Request for Production of Documents I recently served upon the insurer’s attorney on a case I am handling in federal court in the Western District of Missouri. I am sharing this information with the hope it will motivate policyholders who have suffered a loss to document every communication with the insurer’s representatives, as well as to share information with the insurer in writing regarding communications the policyholder may have with contractors or any other person who looks at the damage to the policyholder’s property, and building code representatives regarding building codes that must be complied with when replacing or repairing the damages incurred at the policyholder’s property.

Continue Reading Proving and Winning a First Party Bad Faith Case in Colorado, Part 3 – The Nuts and Bolts of Discovery

Continuing with my nuts and bolts series on the statute of limitations, I’ve selected the boot of the Gulf Coast states, Louisiana. Louisiana has been hit hard in past years by the likes of Hurricanes Katrina, Rita, Ike, and other named wonders of weather. Due to the numerous claims made in recent years, Louisiana enacted special legislation to extend the limitations periods at times. The Louisiana legislature extended the time for instituting a judicial action against an insurer seeking recovery for property damages arising out of Hurricane Katrina to 1 September 2007, at the very latest, or forever be barred from doing so. The only exception the Legislature provided to the filing deadlines set forth in Acts 802 and 739 was if the contract or the parties (Acts 802) or the law (Act 739) provided for a later date for the filing of an action. With various Acts created to help claimants deal with losses, it’s important to make mental note of the Louisiana limitations.

Continue Reading The Nuts and Bolts of Louisiana Statute of Limitations on Property Insurance Claims

Hurricane Karen made a name for herself last week when she swirled and blew into the Gulf Coast region. She shied away just before making an impact in Texas but made she made it a point to stop by the Mississippi Gulf Coast region. Previously, I gave you a snippet of the statute of limitations for Texas and Arkansas property claims. This week, I’ll give you a brief snapshot of the Mississippi statute of limitations so you can be ready for the next named storm.

Continue Reading The Nuts and Bolts of the Mississippi Statute of Limitations

Last week I laid out some practical information about the statute of limitations for property insurance claims in Texas. In light of the recent showdown at Kyle Field where the Texas Aggies sent the Arkansas Razorbacks packing, I thought it would be great to shed some light on the limitations period of our neighboring state.

Continue Reading The Nuts and Bolts of the Arkansas Statute of Limitations on Property Insurance Claims