A California policyholder’s compliance with all insurance policy conditions is required for claim payment. Understanding the conditions will prevent an unnecessary claim denial and will often speed up claim payment. With yet another historic and tragic fire season occurring this year, let’s review the common policy conditions that are typically encountered during the claim adjustment and the best way to manage and ensure the policyholder’s compliance.
Continue Reading Ensuring the California Policyholder Complies with Policy Conditions During the Claim Adjustment

When properly documented and planned, the sale of a damaged property does not create an opening for the insurance company to escape liability from its insurance obligations. When selling your property during a pending insurance claim, policyholders can assign the claim to a new buyer or retain their right to receive insurance benefits under the policy.
Continue Reading Who Collects the Insurance Claim Proceeds If the Damaged Property Is Sold?

As discussed in my previous blog post, Should an Insurance Company Pay Adjustable Claim Amounts Not in Controversy While Another Amount Is Still In Dispute?, the payment of undisputed amounts is an issue that is frequently being argued in Puerto Rico courts for Hurricane Maria claims. As recent as this week (May 12, 2021) the First Instance Court of Carolina, Puerto Rico, granted a Partial Summary Judgement and ordered the carrier to pay the adjustable amounts not in controversy.
Continue Reading Another Win for Adjustable Claim Amounts Not in Controversy

Insurance is your safety net. It is a contract made between you and your insurance company guaranteeing that, if anything were to happen to you, the agreed safety net will be provided. Insurance companies have a right to investigate the legitimacy of claims. However, insurance companies in Texas cannot reject legitimate claims, misrepresent policy terms, or engage in other specific “bad acts.”
Continue Reading Understanding Your Rights Under Chapter 542 of the Texas Insurance Code: Why it is Beneficial to Allow an Attorney to Assist You in the Process

Some insurance companies look for ways to deny insurance claims. One method is to use the “prompt notice” of loss requirement found in property insurance policies. State laws vary, but in Florida, the determination of whether “prompt notice” has been given and whether prejudice has occurred because of late notice is generally a fact question for a jury to determine.
Continue Reading Has Your Insurance Company Denied Your Claim Because of Failure To Provide Prompt Notice?

Today‘s 2 p.m. EST Livestream features two former insurance company adjusters turned “good guy” policyholder attorneys. Merlin Law Group attorneys Javier Delgado and Etienne Font worked as insurance adjusters in a prior life. Their practical understanding and appreciating what insurance companies and independent adjusters have to do to resolve claims helps in their practice today

Xactimate estimating is the prominent software used by most property insurance adjusters and restoration contractors. If you are in the field of property insurance estimation and use this software, is there any downside to being an expert using the software?
Continue Reading The Importance of Xactimate Certification with Andrew Behrens on Tuesday @ 2 With Chip Merlin

Hurricane and Tropical Storm Eta has left a flood claims hangover from Florida throughout the Carolinas. Since the National Flood Insurance program administrators appear to be stingy and failing to watch out for their fellow Americans by not granting flood proof of loss extensions, policyholders need to get started properly filing their claims right away.
Continue Reading Storm Eta Leaves a Flood Claim Hangover and Do Not Forget Lake Charles — Tune In For Friday at 2 PM

During our Tuesdays at 2 With Chip series with Kelly Kubiak and myself, we warned of the upcoming September 10th statutory deadline to file claims for recovery from Hurricane Irma damage. We predict that this is going to provide all sorts of litigation regarding this statute because many policyholders—especially policyholders with claims disputes which delayed initial payment—are not finished with their construction and still finding hidden losses from Hurricane Irma.
Continue Reading The End is Near—Hurricane Irma Claim, Supplemental Claim and Re-opened Claim Deadline is September 10, 2020