Insurance agent negligence cases typically come to me with the following question: “Chip, I think the agent messed up. What do you think about bringing an action against the insurance agent for errors and omission?” My first two thoughts on this question are:
1. Do you know how complex agent negligence cases are?
2. In what state did this happen?
Continue Reading Insurance Agent Negligence Cases Are Complex—A Texas Example
Appraisal panels have few rules to follow about what they can and cannot consider in determining the amount of the loss. In a case recently decided,1 a policyholder refused to continue in an appraisal because the panel was presented evidence of a subsequent loss. The policyholder argued that this breached the appraisal agreement.
Continue Reading Appraisal Panel Can Hear Evidence of Damage Caused By Other Events
In June, we noted in Louisiana Appellate Court Finds Coverage For Covid Business Losses, the Louisiana Fourth Circuit Court of Appeal opinion1 reversing a trial court’s judgment against an insured business affected by COVID-19. The case, Cajun Conti LLC, Cajun Cuisine 1 LLC, and Cajun Cuisine LLC d/b/a Oceana Grill v. Certain Underwriters at Lloyd’s, London and Governor John B. Edwards in his official capacity as Governor of the State of Louisiana, and the State of Louisiana, involves a popular New Orleans restaurant, known as Oceana Grill, which requested the trial court declare Business Interruption coverage existed under their policy. This type of request is referred to as a “Petition for Declaratory Relief,” as opposed to a request that a court compels another party to pay for losses that were caused by that party (referred to as a “Petition for Damages”).
Continue Reading The Difference in the Outcome of Your COVID-19 Business Interruption Suit May Depend on Which Court You File In
The Louisiana Court of Appeals found that coverage exists for loss or damage caused by “direct physical loss of or damage to” the insured premises as a result of contamination by COVID-19.1 I have previously discussed the case following the trial in Chip At @2 Will Be At 2:30 With Update on New Orleans Oceana COVID Trial Won By the Insurer, and attached briefs and various depositions. John Houghtaling and other attorneys representing the policyholder deserve a big shout-out for bringing home a win. It was not easy.
Continue Reading Louisiana Appellate Court Finds Coverage For Covid Business Losses
Merlin Law Group attorneys Jon Bukowski, Larry Bache, Corey Harris, and Ashley Harris won a before the Federal 10th Circuit Court of Appeals, which held today that causation can be determined in Colorado appraisals.
I would like to give special recognition to Shane Smith who helped write the briefs and contributed to
A decision by the Florida’s Fourth District Court of Appeal held that an insured may electronically record an insurer’s appraiser during an inspection of the insured’s property.1 In the current case, a Florida policyholder appealed an order denying her motion for summary judgement, ruling that unless all participants consent, no one may record an insurer’s appraiser inspection in their home. The trial court reasoned that under Florida law, “the only way to record by way of video or by audio is with the full consent of all parties participating.”2 The appellate court disagreed.
Continue Reading Policyholders Can Record Appraisal Inspection
A recent Florida case1 has a lengthy discussion about cases where changing valuations by the insured are then used by clever insurance company attorneys to argue that a post-loss fraud has occurred. This is now a common practice in litigation throughout the country as policyholders, public adjusters, and contractors make differing estimates of loss and have different opinions about what the measure of the loss should be.
Continue Reading Insurance Company Attorneys Often Wrongfully Argue That a Fraud Occurs When Parties Only Have a Difference of Opinion
On September 20, 2017, Hurricane Maria caused catastrophes through its passing by Puerto Rico. As mentioned in past blogs,1 many policyholders filed their insurance claims and as soon as they received their response from the carrier along with a check, they proceeded to deposit the check unaware that even if they did not agree with the amounts, these were considered “total and final” payments and therefore, a waiver to their right to claim. Since then, as I have discussed on other blog posts, many policyholders have battled in court as to the application of accord & satisfaction doctrine to their claims.2
Continue Reading Accord & Satisfaction: Puerto Rico Supreme Court Rules for Policyholder in Hurricane Maria Claim
Insurance companies in Florida are increasingly invoking a right to make repairs. It creates a hornet’s nest because the policyholder may get left with a delayed and insufficient repair. Then, what happens?
Continue Reading Has Your Insurer Elected to Repair Your Damage? It Needs to Do the Work In a Reasonable Time and Correctly
Courts across the country have split on the key COVID-19 coverage question of whether a policyholder’s inability to fully operate its business caused by COVID-19 restrictions would satisfy the policy’s business interruption coverage requirement that the “loss” had to be a result from a “suspension of operations” caused by “direct physical loss of or damage to covered property.”
Continue Reading Multi-District Litigation Policyholders Win a Business Interruption Coverage Battle Over “Direct Physical Loss”