This blog series tackles common questions insureds ask about their federal court cases. My last two posts explained the claims federal courts can handle, and how cases filed in state court end up in federal court. This blog entry provides a general overview of the pretrial litigation process in federal court.… Continue Reading
Texas Insurance Code Section 542A.006, effective December 1, 2017, allows insurers to accept liability for the acts of their adjusters either before suit is filed or after suit is filed. If the election of liability is made before suit is filed, the in-state defendant adjuster never becomes a party if suit is filed eventually. If … Continue Reading
Contractors often tell me and other Merlin Law Group attorneys of the crazy excuses and refusals insurance adjusters give to avoid paying for required construction materials, processes, and practices which constitute quality workmanship. Cheap and non-quality construction is easy to do and often overlooked by policyholders completely unfamiliar with the detailed specifications demanded by manufacturers … Continue Reading
Arbitration clauses are becoming much more common in property insurance policies. On January 25, the Kentucky Department of Insurance noted that arbitration clauses in property insurance policies will generally be void:1… Continue Reading
Back in January 2017, I blogged about the landmark case of Pichel v. Dryden Mutual Insurance Company,1 where New York’s Third Department ruled that the insurance policy contained an ambiguity when differentiating between loss caused by backup to a sewer or drain and a loss caused by backup to an internal plumbing system.… Continue Reading
“One size fits all” is a phrase used to describe pieces of clothing or accessories designed to fit all people. Over time, it has been used to refer to anything meant to apply in all circumstances. Obviously, one size cannot fit all people. The same holds true when it comes to “freezing” exclusions in homeowner’s … Continue Reading
This time of year, the northeast of the United States starts to feel insufferably cold, followed up by winter storms which can dump anywhere from an inch to three feet of snow at a time. The snow can be a welcomed arrival in winter as it brings snow days, sleigh riding and joy. It can … Continue Reading
Colorado policyholders should be mindful to review their insurance policies for time limit considerations that may bar them from pursuing insurance benefits beyond two years after the May 8, 2017, hailstorm. While Colorado requires that any action against an insurance company for failure to pay covered benefits must be brought within three years of the … Continue Reading
John Pappas is a tough litigator and very bright. I’ve known him since I helped him get his position at the 100 plus insurance coverage defense firm eventually known as Butler Pappas way back in 1982 when only a handful of attorneys worked there. Bill Berk was a tough prosecutor before he became a principal … Continue Reading
Flood insurance claims governed by the National Flood Insurance Program are different. The requirements to get paid are strict and must be complied with. Many inexperienced attorneys and public adjusters prepare these claims improperly and the result is that policyholders do not get paid or paid as much as they otherwise deserve. Federal proofs of … Continue Reading
I am often asked questions about how a detached apartment/game room/pool house/guest house is covered under a homeowner’s policy. The answer is dependent on the policy language, the case law in the jurisdiction of the claim, and the specifics of the structure.… Continue Reading
Most property insurance policies exclude coverage for damages caused by the freezing of household systems or appliances unless the insured used reasonable care to maintain heat in the building or shut off the water supply and drained all systems and appliances of water. Courts interpreting the “freezing exclusion” have generally found that the language within … Continue Reading
The New York Supreme Court, Appellate Division, First Department “unanimously reversed, on the law, with costs, the motion denied and the claims reinstated,” the New York County Supreme Court trial judge’s order dated April 2, 2018, to the extent appealed from, which granted dismissal of Plaintiff D.K. Property, Inc.’s (“D.K.”) consequential damages (other than attorney’s … Continue Reading
Panama City attorney Jeff Carter has joined Merlin Law Group in its Panama City office. While I lived in Panama City and attended Mosley High School, I have always found that it helps to have local attorneys with fine reputations in our firm who team up and use Merlin Law Group’s longstanding experience and dedication only … Continue Reading
The recent opinion of Oswald v. Southern Central Ins. Co., No. A18-0507, 2018 WL 6729771 (Minn. App. Dec. 24 2018) is a good reminder to attorneys and public adjusters alike to review a complete copy of the insurance policy and applicable laws when considering limitations issues applicable to a loss.… Continue Reading
Fees may not be recoverable under a condominium association policy to an insured condominium association or its property management company after a loss. The Board should carefully consider fee percentages agreed upon in a management agreement to assist the association through a property insurance claim.… Continue Reading
A homeowner’s policy will, no doubt, help you sleep better at night. It’s a new year after all – everyone should read their insurance policy. But if you have not read your policy lately, or ever, then you may have a rude awaking when a sudden loss is not covered and leaves you financially devasted. … Continue Reading
Houston was under water during Hurricane Harvey. Many people whose properties were not flooded from the Hurricane itself, and had never previously flooded, found themselves waist deep in flood water – their homes, businesses, and personal property forever ruined.… Continue Reading
For some time now, people have been keeping a close eye on several of Puerto Rico’s major insurance carriers due to rumors of insolvency. One of those insurance carriers, Real Legacy Assurance, has unfortunately confirmed these rumors and recently filed for liquidation. According to reports, the carrier has paid nearly $40 million dollars to settle … Continue Reading
In the recent case of Rainforest Chocolate, LLC v. Sentinel Insurance Company, Ltd.,1 the Supreme Court of Vermont found coverage for Rainforest where Sentinel’s “false pretense” exclusion turned out to be ambiguous as there were at least two reasonable interpretations of what constituted “physical loss or physical damages.”2… Continue Reading
The photograph above depicts the Merlin Law Group “War Room” during a week-long arbitration last week. Michael Duffy, Ian Dankelman, Eric Dickey, and Kelly Kubiak were the winning Merlin Law Group team obtaining a $3.1 million award on Saturday. What a way to start off the year!… Continue Reading
Recently, I presented at the Professional Public Adjusters Association of New Jersey educational conference on the area of insurance appraisal to roughly 30 public adjusters. During my preparation, I reviewed current and past appraisal provisions contained within standard insurance policies. In my research, I found some very interesting differences contained within insurance policy appraisal provisions … Continue Reading
Ed Eshoo works out of Merlin Law Group’s Chicago office and is one of the best property insurance policyholder coverage attorneys you could find. I do not think there is anybody with a national reputation as being “the expert” on the 165-line Standard Fire Insurance Policy on a national, rather than state, basis. Ed is an … Continue Reading
In July, 2016, what has been called a 200-to-500 year thunderstorm dropped between five and seven inches of rain in a two-hour period in Princeton, New Jersey. The heavy rain fall resulted in water pooling at the bottom of a stairwell below street level, next to a salon’s glass door entrance.… Continue Reading
