A recent post, Louisiana Policyholders Deserve Good Faith Claims Treatment—Understanding Louisiana Hurricane Claim Bad Faith Law, discussed fundamental Louisiana law requiring insurance companies to treat policyholders in good faith and properly interpret their insurance policies. What happens if insurance companies delay claims following the recent hurricanes in Louisiana?
Continue Reading Understanding Louisiana Bad Faith Law When Claims Payments Are Delayed or Paid Too Late

Louisiana insurance law is very different from other states. Louisiana insurance bad faith law is different, makes meaningful definitions about what good faith conduct is expected, and makes insurers accountable for good faith claims treatment when hurricanes damage Louisiana policyholders. Policyholders who have been underpaid or delayed payment should get legal advice about their valuable legal rights. You could lose out on monies owed if you fail to speak with legal counsel and have been subjected to low-ball and slow-paying property insurance companies.
Continue Reading Louisiana Policyholders Deserve Good Faith Claims Treatment—Understanding Louisiana Hurricane Claim Bad Faith Law

The quick answer to this post is to “hire a really good and experienced property insurance bad faith attorney and file a proper Civll Remedy Notice.” It is clearly not business as we used to do it in the first-party good faith claims practice field. What I taught just several years ago as the proper way to complete civil remedy notices (CRNs), which is a requirement for a bad Faith lawsuit, is no longer the best method to do so. Policyholders should not attempt to do this themselves. It has become extraordinarily complex. The Florida legislature has made it that way with newly enacted laws.
Continue Reading What Does a Property Insurance Policyholder Have To Do To File a Bad Faith Lawsuit In Florida?

The genesis for this post is a jury trial that Merlin Law Group attorneys Mike Duffy, Jon Bukowski, and Larry Bache recently won. Jon Bukowski sent me a transcript of the closing arguments with a comment about Mike Duffy’s closing being “the best.”
Continue Reading Insurance Company Lawyer Tells Jury Insurance Companies Cannot Be Expected to Know Building Codes

Mississippi unfair claims practice law and bad faith actions are unique. Following Hurricane Katrina, I took the Mississippi Bar and represented hundreds of Mississippi businesses and residents with insurance disputes arising from Hurricane Katina. I was honored to represent the grandparents of my co-author in this blog post. As a kid, I lived for three years in Waveland, Mississippi. Merlin Law Group is still being retained on property insurance disputes in Mississippi. Since her interest in property insurance law started with our firm’s work in Mississippi, I look forward to working with Kathryn on those cases after she gets the results from her bar examination.
Continue Reading Understanding Mississippi Unfair Claims Practice and Bad Faith Cases Based on Delay

A couple of weeks ago I wrote a blog post describing how policyholders are unable to enforce insurance adjuster breaches in good faith for actions such as failing to acknowledge communications or failing to affirm or deny coverage within a reasonable time after a proof of loss.1 The post articulated that such enforcement ability resides solely with the insurance commissioner, pursuant to T.C.A. § 56-8-101(c).2 This restriction is quite vexing when policyholders call me asking for help after insurance adjusters behave badly, but I am unable to help them directly address their poor treatment.
Continue Reading Tennessee Bad Faith Claims: Is a Statutory Good Faith Breach Available for Tennessee Policyholders – Part II

Missouri does not recognize a common law right to bring an action for the breach of the conversant of good faith and fair dealing for a first party property insurance claim. Instead, Missouri statutory law allows policyholders the right to hold insurance companies accountable for their “vexatious” refusal to pay.
Continue Reading Missouri Bad Faith Law—Understanding Missouri’s Vexatious Refusal to Pay Law

Insurance carriers have a duty to act in good faith and not engage in unfair claims practices. The Tennessee legislature has promulgated this duty in T.C.A. § 56-8-105, which outlines 15 specific actions that constituted unfair claim practices that signify bad faith behavior.1 Such unfair claim practices include: (1) knowingly misrepresenting relevant facts or policy provisions relating to coverages at issue; (2) failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies; (3) failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies; and (4) failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed.2 When a violation of this statue occurs, what can an insured do?
Continue Reading Tennessee Bad Faith Claims: Is a Statutory Good Faith Breach Available For Tennessee Policyholders?