Our law firm library is brimming with insurance company chronicles from books published long ago by the insurance industry. In these, company executives of yesteryears boasted about the swiftness with which they compensated their claimants. They painted pictures of drained company treasuries and the extraordinary efforts of their claims staff, working overtime to ensure prompt payments. These tales often shined a light on a business ethic that put the policyholder first.
Insurance Claim

The One Year Anniversary of Hurricane Ian—What Do Policyholders Now Face?
It has been one year since Hurricane Ian. If you have not completely resolved your claim, you need to see a lawyer about your rights. Public adjusters and contractors working on Hurricane Ian claims should say the same thing. One year is just too long for a settlement not to have been made, and insurers have had enough time to work with non-legal professionals to get their jobs done right. …
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Indiana Allows Causation in Appraisal
Remember my post last January, Property Insurance Appraisal Law Is Dynamic? Me neither. However, the insurance company losing the issue regarding causation being allowed in appraisal in Indiana would not give up.…

Examinations Under Oath – Insurer Requests Have to Be Reasonable and Made Before the Claim Is Denied
Cooperation does not equal “slavish obedience.” Property claims adjustments overseen by insurance company counsel come in various tones and methods. Some are professional and truly in good faith regardless of the decision. On the other hand, some insurance companies have failed to tell their dogs-on-a-leash counsel to treat their client’s customers the same way the insurance company did before the loss when the customer was not seen as the enemy. …

Hurricane Ida Deadline is August 29—The End Is Now!
The deadline to file a lawsuit and preserve legal rights from Hurricane Ida is August 29. Legal rights will be lost if a claim is not in a lawsuit by that date.…
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Insurance Claims Manager Tries to Teach Public Adjusting Firm a Lesson—Does State Auto Have an Ethical Claims Problem?
An active bad faith lawsuit in Maryland has raised some crazy allegations worthy of consideration. A claims manager for State Automobile Mutual Insurance Company allegedly refused to settle a claim because he wanted to teach the public adjusting firm retained by the policyholder a lesson and leverage this case with other cases in which the public adjusting firm was involved. Here are the facts recited in an Order by a federal judge:1…

All Insurance Agencies Admit Insurance Company Claims Service Has Materially Deteriorated Over the Last Three Years
An article, E&O Claim Frequency Is Increasing, written by an insurance industry consultant, Chris Burand, and published in the Insurance Journal, stated the following:…

How Marsh McLennan Views A Property Insurance Claim
An interesting brochure published by Marsh McLennan, Preparing For And Handling A Property Loss–Managing The Property Insurance Claim Process, caught my attention. I would suggest that commercial policyholders, public adjusters, and restoration contractors read this publication to gain a perspective on property insurance claims from the world’s largest insurance broker.…
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Wind Damage to Flat Roofs—Prove It! – Tara Stone and The Windstorm Insurance Network Set Flat Roof Wind Damage Webinar
The Windstorm Insurance Network (Wind) is a one of a kind organization where representatives of insurers and policyholders collaborate in a professional exchange of information and learning about wind damage claims. A recent notice about flat roof claims issues caught my attention. Tara Stone is on the Wind board of directors and has organized this event. I think it is worth your attendance if you handle claims involving wind damage to flat roofs. …

Who Has a Right to Sue the Insurance Company? A Recent Case Suggests Standing Requires a Policyholder or the Holder of a Valid Assignment
The Merlin Law Group is often approached by individuals wishing to make insurance claims on policies where they are not the named insured. These are typically shareholders or members of a corporate insured seeking to make claims for bad faith or emotional damages due to an insurer’s denial of benefits. A recent unpublished case from the United States Court of Appeals for the Ninth Circuit shed light on which parties have the right to make a claim or sue on a commercial insurance policy.…