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

In an insurance carrier’s effort to investigate an insurance claim, it may request that the insured sit for an examination under oath (“EUO”). In an EUO, the insurer’s representative has an opportunity to ask the insured questions about the claim while the insured swears to answer the questions truthfully. Participating in a requested EUO is mandatory under most insurance policies, and an insured’s failure to appear or to answer the questions at the EUO may forfeit the claim. With the potentially catastrophic consequences for refusing to answer a question, many insureds wonder if they must answer questions about their personal finances during an EUO.
Continue Reading Can an Insurance Company Ask About Personal Financial Information During an Examination Under Oath?

A tool that every policyholder attorney should use is the 30(b)(6) deposition. This is when the policyholder attorney requests the Defendant Insurance Carrier to designate “one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf.”1 The testimony of the designee is binding upon the company, regardless of the designee’s personal knowledge of the subject matter.
Continue Reading The Importance of a Rule 30(b)(6) Deposition

Chomp, Chomp!

Insurance Policies are designed to cover sudden and accidental loss and damage. Mary Wischusen, 77, believed that she had a suffered a sudden and accidental act of nature and that coverage would be afforded when a gator came crashing into her kitchen. This 11-foot alligator was not her domestic pet or a planned guest, but her insurance company has denied the claim.
Continue Reading Gator Coverage?

So, your property has suffered a loss and now you’re about to deal with the arduous insurance claims handling process. Stop right there. Before you do anything, get ready to document your experience. It will help you later on.
Continue Reading Why Policyholders Should Keep a Comprehensive Timeline of Events Following a Loss and How A Policyholder Should Prepare the Timeline

California summers can get hot. To protect workers, the state requires employers to take extensive precautions. California’s regulations on heat safety are promulgated by the Department of Industrial Relations’ Division of Occupational Safety, which is often referred to as Cal/OSHA.
Continue Reading Feeling the Heat: Do California’s Health and Safety Regulations Increase the Value of Your Insurance Claim?

After filing a claim, insurance companies will at times request a substantial amount of information, leaving many Coloradans feeling overwhelmed. However, a failure to respond to the requests (aka “failure to cooperate”), could cost an insured their owed insurance claim benefits. Recently the United States District Court, District of Colorado, discussed this issue in its review of a Motion for Summary Judgment in Cribari v. Allstate Fire & Casualty Insurance Company.1
Continue Reading Insurance Company Hassles? What Policyholders Need to Know About Insurer Requests For Documents and Information

With hurricane season fast approaching and the Texas Windstorm Insurance Association (TWIA) the largest insurer of coastal property in Texas, now is the time to address one of the most common questions I receive from clients and public adjusters. This blog has previously addressed how the TWIA statute works in Texas and the dual paths of a claim that an insured must take. If TWIA accepts the claim, an insureds only remedy is appraisal, and if TWIA denies the claim, then the insured can file suit. Conceptually this sounds easy but in reality, can be difficult if TWIA accepts damage but doesn’t pay everything owed.
Continue Reading What Do I Do If My Claim is “Accepted in Full”

When I wrote my first blog on this site in 2009, I discussed proofs of loss at length. Since Hurricane Michael, these blogs have received a lot of traffic and discussion from people trying to navigate their way through the claims process. An issue that keeps coming up is whether a policyholder must comply with a proof of loss request after the insurer has admitted coverage and made payment.
Continue Reading A Follow-Up on Proofs of Loss