Most homeowners and commercial insurance policies contains exclusions for loss or damages caused by mudflow or other similar occurrences. An example of on such exclusion is included below: b. Earth Movement and Settlement, meaning earthquake, which includes land shock wavers or tremors before, during or after a volcanic eruption; landslide; mudflow; sinkhole; earth sinking, rising … Continue Reading
Steaming ahead on our 50-State claims handling tour, we now pull in to the Peach State – Georgia. Insurance carriers operating in Georgia are subject to both the Unfair Claims Settlement Practices Act1 and regulations that set forth the guidelines they must follow.… Continue Reading
We were recently asked about the extent to which your insurance company can share your personal information. This question begins with the privacy protections under federal law found in the 1999 Graham-Leach-Bliley Act (the Act).1 Title V of this Act relates to consumer privacy, and contains rules about how financial institutions may share “non-public personal … Continue Reading
California State Insurance Commissioner Dave Jones recently posted a bulletin urging insurance companies to provide North Bay fire victims up to 100% of their personal property coverage limits by not requiring the insured to fill out a detailed inventory.… Continue Reading
Our next stop as we tour the claims handling guidelines of the 50-states is the First state, Delaware. I have never spent a lot of time in Delaware but I do have a fondness for it. When I was young, I was fortunate enough to have a family home on the Delaware Bay about a … Continue Reading
Sean Shaw is a practicing attorney resolving legal issues for people and it is only fitting that he is running to become Florida’s Attorney General. Do you want an honest person that sees both sides of the aisle, wants to seek practical resolutions, and still rise up against obvious wrong? Sean Shaw is your candidate.… Continue Reading
I hope each and every one of you are in the midst of a wonderful holiday season! I am writing this blog from a food court in Toronto, Canada. While I am on a vacation to see family, the weather is making me rethink my life choices. It is currently 19 degrees. This Floridian is … Continue Reading
There is a great holiday commercial that is making the rounds again and it shows a man who wakes up and he is covered in wrapping paper. In fact, as it goes on you see everything in his life in wrapping paper: his kids, wife, car, and all of the blessing he has in his … Continue Reading
A few days ago, I sent my video about Florida Consumer Complaints to an adjuster with a client who could not find the Florida Department of Financial Services Consumer Complaint information.… Continue Reading
All states have unique insurance laws following disasters. Many important rights and options are not contained in the insurance contract. California wildfire victims and policyholders are discovering first-hand that some insurance adjusters are not being honest or upfront regarding their rights following the 2017 wildfires.… Continue Reading
Up next in the state-by-state claims handling tour is the Centennial State – Colorado. Colorado property owners have been devastated by massive hail storms over the last several years so it is very important that policyholders and their representatives are aware of the claim handling requirements of the state. Colorado’s claim handling is governed by … Continue Reading
I was sent an article last night with the headline, Sean Shaw for Attorney General? The article correctly noted that Sean is an insurance attorney with the Merlin Law Group. It may also be correct that some unknown people are asking this question for unknown reasons.… Continue Reading
Barry Zalma recently wrote an excellent article, Claims in a Catastrophe, in the The CPA Journal. Zalma is a very experienced property insurance attorney. He is a prolific writer of articles and books involving property insurance claims. To all policyholders having felt the impact of 2017 catastrophe claims, one important point in Zalma’s article is … Continue Reading
Amy Bach of United Policyholders and Paula Palozzi, Associate Director of the Rhode Island Department of Business Regulation, Insurance Division, held a seminar at the First Party Claims Conference and called on aggrieved policyholders to file written complaints with departments of insurance. Palozzi explained that when insurance companies pay too little, a written complaint about … Continue Reading
Hurricane Irma: If you are a homeowner, business owner, or renter affected by Hurricane Irma, you still may be able to receive certain benefits through the Federal Emergency Management Agency “FEMA” if you are uninsured or underinsured.… Continue Reading
Amy Bach of United Policyholders was honored as the Consumer Champion by the Florida Association for Insurance Reform. I was privileged to deliver the introduction for Amy as seen in the above video. Merlin Law Group has been an active and long-time financial and pro bono supporter of United Policyholders. We also applaud the efforts … Continue Reading
Too many in Puerto Rico are still dealing with the catastrophic effects of Hurricane Maria. Today the focus is on getting basic supplies like drinking water to nearly half the population. An insurance claim is likely not a priority at this moment for those owning homes or businesses in Puerto Rico. However, insurance companies must … Continue Reading
Unauthorized practice of public adjusting issues are going to the Texas Supreme Court. Lon Smith Roofing is not giving up and filed a petition which should be read by those with interests in the property insurance claims industry. I have previously discussed this case in:… Continue Reading
Florida’s Office of Insurance Regulation obtains claims information from insurance carriers and releases them to the public. Here is its first release regarding Hurricane Irma:… Continue Reading
Florida Governor Rick Scott issued the following Emergency Order to assist consumers during the aftermath of Hurricane Irma. Please make sure you review it closely. As always, I am here to answer any questions you may have.… Continue Reading
FEMA should grant extensions for flood proofs of loss as we asked in a letter to Deputy Associate Administrator Roy E. Wright and Administrator Brock Long: My father was a former Coast Guard Admiral for the United States Coast Guard and I grew up along our Country’s coastline. I have seen the devastation and the … Continue Reading
One of the many resources for policyholders with Hurricane Harvey damages and those persons assisting policyholders is the “Help After Harvey” page on the Texas Department of Insurance (“TDI”) web site.1… Continue Reading
I have written about the problem of the Voss Law Firm before in Policyholders Should Carefully Pick Their Lawyers — Voss Law Firm Loses Hundreds of Hurricane Lawsuits, and Is the Use of Runners and Cappers in Texas Going to Result in Prosecution of Lawyers and Public Adjusters. The problem with Voss is that they … Continue Reading
In August 2008, Colorado created a statutory bad faith claim of action for first-party policyholders not only separate and distinct from a claim for common law bad faith breach of an insurance contract, but establishes a much more reasonable threshold to prevail against an insurer under Colorado Revised Statute § 10-3-1115 and Colorado Revised Statute … Continue Reading
