Archives: Insurance

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Statute of Limitations: How Much Time Do I Have to File a Complaint Against My Insurance Company For Breach of Insurance Contract in New York?

The statute of limitations period applicable to a breach of contract cause of action in New York is ordinarily six years. However, parties to a contract may agree, in writing, that any lawsuit must be commenced within a shorter period of time. Moreover, while the statute of limitations on a breach of insurance contract generally … Continue Reading

Are There Ethical Conduct Standards Between Public Adjusters and Independent or Company Adjusters?

An excellent and successful insurance company defense attorney, Bill Berk and I were on a panel presentation at the 2019 Windstorm Insurance Conference earlier this year. Berk reminded the audience of adjusters that under Florida law, they should not be saying or implying bad things about each other. He noted this Florida regulation: A public … Continue Reading

Solar Power and Homeowners Insurance: Watts Up?

Nearly a year ago, California became the first state to mandate that all new homes have solar power.1 The regulation becomes effective January 1, 2020. Under the new rules, individual homes must have rooftop solar panels or share a solar-power system with a group of homes. According to the New York Times, the California regulation … Continue Reading

Safe Construction Worksite Inspections to Increase—Include OSHA Costs to Residential Insurance Estimates

A contractor sent me a note from the National Roofing Contractors Association which indicates that the Trump administration is increasing the manpower of safety inspectors and whistleblower investigators regarding construction worksite safety. The note was based on an article, Labor Secretary: OSHA Jobsite inspections Likely to Increase, which stated: • In a written statement to … Continue Reading

How To File A Complaint With The Ohio Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

If an insured in Ohio (“Ohioan”) is being mistreated by a delaying, denying, and bad treating insurance company, the Ohioan always has the option of voicing his or her displeasure to the Ohio Department of Insurance (“ODI”) via Complaint. The submission of a Complaint to ODI prompts an investigation by ODI into the insurance carrier’s … Continue Reading

Hurricane Michael Victims Should Not Be Shaken Down By Unlicensed Contractors Selling AOB’s To Third-Party Crooks

A public adjuster alerted me to a Hurricane Michael policyholder being “shaken down” by a third party who allegedly purchased an AOB from an unlicensed contractor. What makes it worse is that the policyholder is being confronted by the third party and a person holding himself out to be an attorney.… Continue Reading

Explaining Xactimate Accuracy and the Need to Analyze Details Before Getting the Wrong Turkey Dinner From the Insurance Company Estimator

Insurance estimating expert Jeff Major gave one of the best speeches about Xactimate I have ever seen at the First Party Claims Conference West. I have seen Jeff give a number of presentations over the years, even teaching federal judges, magistrates, and mediators following Superstorm Sandy. But his warning about getting an insurance company’s “turkey … Continue Reading

How To File A Complaint With The Hawaii Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

Hurricanes, tsunamis, and earthquakes are the most common natural disasters to impact the State of Hawaii. The 2018 Hawaii hurricane season was one of the most destructive in recent memory, with six hurricanes hitting the islands. 2018 also brought the lower Puna volcano eruption.… Continue Reading

How to File A Complaint With The South Carolina Department of Insurance About Your Delaying, Denying, and Bad Treating Insurance Company

“The Department of Insurance was created to protect the insurance consumers, public interest, and insurance marketplace by ensuring the solvency of insurers, enforcing and implementing the insurance laws of the state, and regulating the insurance industry in an efficient, courteous, responsive, fair, and equitable manner.” —The South Carolina Department of Insurance Mission Statement… Continue Reading

Hidden Damage from Wildfire Claims

Losses from wildfires across the United States over the past decade have added up to $5.1 billion.1 In addition to damage typically expected from fires (smoke, soot, ash, water from fire-fighting hoses and extinguisher chemicals), some homeowners may face the additional risk of damage caused by suppression efforts, specifically aviation-based firefighting.… Continue Reading

How to File a Complaint with the Alabama Department of Insurance About Your Delaying, Denying, and Bad Treating Insurance Company

Alabama policyholders can seek assistance with their insurance claims through the Alabama Department of Insurance website found here. When a policyholder feels they have hit a wall working with the adjuster(s) assigned to their insurance claim, Alabama provides an Online Consumer Complaint Form that can be submitted to the Department of Insurance.… Continue Reading

Understanding Commercial and Residential Ordinance and Law Coverage as Explained by Christopher Boggs

Ordinance and Law Coverage generates a lot of questions whenever I give a speech about the numerous building codes which impact construction. Christopher Boggs is a great insurance educator. Two chapters from his book, Wow! I Never Knew That!: 12 of the Most Misunderstood and Misused P&C Insurance Coverages, Concepts and Exclusions, provide some of the … Continue Reading

When Can You Ask for Reformation?

Everyone in the insurance industry has heard the term reformation, but it is often misunderstood. In California (and elsewhere), the legal right to reformation originated over a century ago when we still had separate courts of “law” and “equity.” Reformation was a creature of the latter, designed to prevent one party from using a mistake … Continue Reading

Why Do Insurance Companies Make Fun of Their Customers’ Suffering and Disasters?

Insurance educator Bill Wilson has now written two articles challenging the insurance industry about why it makes fun of its customers’ suffering and disasters. In What’s So Funny? and, Again I Ask, What’s So Funny? Wilson challenges his industry: Our industry exists to assist individuals, families, and organizations in identifying and insuring their loss exposures … Continue Reading
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