Archives: Insurance Claim

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Post-loss Assignment of Claims in California

In a prior blog, I discussed the California Supreme Court’s decision in Fluor Corporation v. Superior Court,1 regarding the post-loss assignment of insurance benefits. In Fluor, the California Supreme Court held that section 520 of California’s Insurance Code prohibits insurance companies from refusing to honor post-loss assignments of benefits, regardless of whether the assigned benefits … Continue Reading

Insurance Catastrophe Claims Often Deserve a Second Opinion and Possibly a Legal Opinion

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

Is the Insurance Company Adjusting Your Claim Fairly in Puerto Rico?

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

Assignment of Contingent Benefits in Arizona

In prior blog posts on assignment of contingent benefits, I discussed the distinction between assignments of contingent benefits and assignments of noncontingent benefits under a property insurance policy. For the purpose of this post, a contingent benefit is a benefit or payment that is either not yet fixed in amount or regarding which the carrier … Continue Reading

Assignment of Contingent Benefits in California

In Assignment of Unaccrued or Contingent Benefits, I discussed the distinction between assignments of Contingent Benefits and assignments of Noncontingent Benefits under a property insurance policy. For purposes of this blog, a Contingent Benefit is a benefit or payment that is either not yet fixed in amount or the carrier is not yet obligated to … Continue Reading

Assignment of Unaccrued or Contingent Benefits

It is widely accepted that insurance policies are generally not assignable by the policyholder unless the insurance company consents to the assignment. In most states, it is also well-established that after a covered loss has occurred, the policyholder ordinarily may assign the claim to another person or entity, even if the policy contains a clause … Continue Reading

Tropical Winds Cause Latent Damage at Much Lower Wind Speeds than Previously Thought

Note: This guest blog is by Lewis O’Leary, who has served as both a forensic investigator and restoration contractor since Hurricane Camille (1969). He has a degree in the fields of Mechanical Engineering and Architecture, is the Chairman of the Education Committee for the Building Envelope Science Institute, and is a design/build, General Contractor licensed … Continue Reading

Insurance Bad Faith Can Also Be Found When an Insurer Fails to Properly Investigate the Claim

Insurance Codes are regulated by each state, but ask any insurance company representative in any state and they will tell you it is an insurance company’s duty to place the insured’s interest ahead of the insurance company’s interests; and the proper way to handle a claim is to find coverage wherever possible.… Continue Reading

Cell Phone Records Support Insurer’s Denial Based on Fraud

When insurers investigate insurance claims and suspect that something about the claim is not quite right, they often assign special investigation units evaluate whether the claim lacks merit or is otherwise fraudulent. In Young v. Progressive Casualty Insurance Company,1 a federal district court in California recently upheld an insurer’s denial of its insured’s claim for … Continue Reading

Arizona Insurers Reminded to Provide Timely and Specific Notice of Coverage Changes

Last week, the Arizona Department of Insurance issued the first Regulatory Bulletin of 2017.1 The Bulletin reminded property insurance carriers that, pursuant to A.R.S. § 20-1677, they must provide their policyholders with written notice of premium increase, changes in deductible or reduction in limits or substantial reduction in coverage at least thirty days before the … Continue Reading

Personal Property Depreciation by the Insurance Company After a Loss Should be Scrutinized by Policyholders

I often hear the same complaint from clients: They feel the insurance company has undervalued their personal property after a loss and are frustrated by the insurance company’s valuation and rate of depreciation. The reality is that even when an insured has a “replacement cost” policy, the insurance company can depreciate personal property values because … Continue Reading

Condominium Association Sues Carrier for Damages Sustained During Hurricane Joaquin

Riggings Homeowners, Inc. (“Riggings”), has filed suit against Hartford Insurance Company of the Midwest (“Hartford”) for damages sustained to Building 1 of the condominium association during Hurricane Joaquin. In a 10-count complaint filed in the U.S. District Court for the Eastern District of North Carolina,1 Riggings alleges that Hartford “has a pattern and practice of … Continue Reading
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