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 A recent unpublished case from the United States Court of Appeals for the Ninth Circuit shed light on which parties have the right to make a claim or sue on a commercial insurance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.
Hail Damage Claims and Neighboritis
The insurance claims industry has coined a new word and definition. A white paper by CapeAnalytics, How to Automate Hail Claims Processing With 96% Accuracy, noted the following regarding “neghboritis:”
Warning—Do Not Lose Rights By Filing A Lawsuit Too Late
An Oklahoma hail damage loss was needlessly lost because a lawsuit for breach of contract was not filed on time. It serves as an example that policyholders and public adjusters should immediately send cases to competent legal counsel as soon as a denial letter is issued by the insurance company.
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Late Proof of Loss in Arkansas
As the effects vary from state to state, it is important to be aware of what can happen if there is a delay in providing a proof of loss or notice to a carrier in an insurance claim. Some states are more lenient and follow the notice-prejudice rule.1 “The notice-prejudice rule requires that the insurance company can assert late notice as a defense to overage only if the late notice has caused actual prejudice to the insurer.”2 Some states, on the other hand, are much stricter on complying with any deadlines for notice or proof of loss. What can happen in Arkansas if a proof of loss is late?
The Property Insurance Adjuster Job—Follow the Best Claims Processes and Get the Policyholder Fully and Promptly Paid
Last week, I was preparing for a four-or-so-hour presentation for the National Claims Institute. The title of the presentation was “How To Prepare Hurricane Files For Litigation.” My excellent and valued co-presenter was Remington Huggins, who prepared a masterful PowerPoint to which I only added some minor edits.
Disclosures of Prior Damage and Claims Presentation Accuracy Avoid Claims Disputes
Karen Schiffmiller, a leader and Past President of the Florida Association of Public Insurance Adjusters, wrote the following note in response to an article, Miami Homeowner Charged with Defrauding Citizens by Claiming Old Damage:
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New Florida Statute of Limitations Law Costs Condominium $13 Million
Florida used to have a statute of limitations for insurance lawsuits that was five years from the date of the breach of contract. As a result, some cases would be filed nearly a decade after the loss. Not anymore, as one condominium and its lawyers learned in a federal court decision last week.1
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