Archives: Insurance

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My neighbor had coverage, so why was I denied?

A common theme I have noticed lately is the tendency of homeowners, having just weathered a major natural disaster, to compare their ability to recover insurance proceeds to that of their neighbors. Wondering if you can recover alternative living expenses? Curious to know if you can recover for your sewage back-up claim? Rather than looking … Continue Reading

Denied Homeowners Insurance or Have a High Premium? This Might Be Why

One of the first steps in buying a new home is obtaining homeowners insurance. Lenders will not close on a home unless it is insured. Unfortunately, homeowners sometimes discover that their new home does not qualify for standard insurance, despite having passed home inspections. While each insurance company has its own underwriting standards and procedures, … Continue Reading

Additional Review Required of All Virgin Island Hurricane-Related Claims Where Property Determined to be Underinsured

It has been five months since Hurricanes Irma and Maria wreaked widespread havoc on the U.S. Virgin Islands. The Category 5 hurricanes damaged buildings of all shapes and types – residences, businesses, places of worship, warehouses and commercial buildings. Those with insurance coverage filed claims, presumably expecting prompt and fair responses from their insurance companies. … Continue Reading

Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?

Answer: It depends, on several factors, such as: The applicable state law, the insurance company’s prior position, or positions (e.g., did it accept or deny coverage?), how it expressed that position, or positions (e.g., did it accept coverage under a reservation of rights, or did it deny coverage based on a specific ground and reserve … Continue Reading

Only You Can Prevent Your Information From Being Shared

We were recently asked about the extent to which your insurance company can share your personal information. This question begins with the privacy protections under federal law found in the 1999 Graham-Leach-Bliley Act (the Act).1 Title V of this Act relates to consumer privacy, and contains rules about how financial institutions may share “non-public personal … Continue Reading

The Importance of Promptly Providing Notice of Loss

Most property insurance policies require that the insured must provide “prompt” notice of a loss as soon as possible after a covered loss. While many states throughout the country have adopted the Notice-Prejudice Rule which prevents an insurer from denying a claim unless it can demonstrate actual prejudice resulting from the delayed notice of loss, … Continue Reading

How Does the Ordinance Section of My Insurance Policy Affect the Florida “25% Rule”?

Section 708.1.1 of the Florida Building Code, often referred to as the “25% Rule,” implements guidelines for roof replacement requirements. The section states, Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire … Continue Reading

Policyholders May Benefit From All Their Coverages

Following the devastating damages from Hurricanes Harvey, Maria, and Irma, homeowners and businesses alike examined their insurance coverages to assist their recovery. For most people that have never needed to use insurance benefits, or had only small claims, these policies may have seemed like just another large expense every year that mostly protected the bank … Continue Reading

Does Entering Into a Land Contract for Replacement Property Satisfy the “Actual And Complete Replacement” and “Amount Actually Spent” Requirements for Replacement Cost Benefits?

Under the “Loss Settlement” provision in the typical homeowners property insurance policy, the insurer is not obligated to pay replacement cost benefits unless and until “actual repair or replacement is complete.” The “Loss Settlement” provision also limits the insurer’s replacement cost payment to the lesser of: the limit of liability that applies to the building, … Continue Reading

Merlin Law Group Webinar – How Rancosky and other Pennsylvania Regulations Help Put You in the Adjustment Driver Seat

Join Robert Trautmann and myself, on February 16, 2018, at 2:00 pm for a free one-hour webinar to discuss the Supreme Court of Pennsylvania’s recent decision in Rancosky v. Washington National Insurance Company,1 which upheld the current bad faith standards and specifically noted that an insured need not prove malicious intent to prevail on a … Continue Reading

Losses in Cyber-Space: Recovering Insurance Proceeds When Your Computer Data Can’t Be Recovered (Part One)

This is the first post in a three-part series about first-party coverage for losses of computer data. Labor Day 2016 was a bad day for my client. That was the day her web host company hit the delete button, knocking her offline and completely wiping out her business website. Instead of celebrating a holiday weekend, … Continue Reading

Does My Insurance Cover Faulty Construction?

Homeowners and commercial property owners may find themselves in situations where a contractor or subcontractor performed construction on the property that was defective or faulty and may have resulted in additional loss to the property. Are these damages covered by insurance?… Continue Reading

Don’t Allow Your Property Insurance Claim To Get Lost In Translation – The Benefits Of A Bi-Lingual Attorney

We can all agree that the insurance claims process can be a difficult one to navigate. Now imagine if on top of understanding policy coverages and exclusions, responding to endless requests for documents, and ensuring that all benefits are timely paid, the entire process was in a foreign language. For many Spanish-speaking policyholders – including … Continue Reading

Where Wind Meets Fire – Wildfire

Last week, Richard Tutwiler of Tutwiler and Associates, Matthew Garnett of Vernis and Bowling, Heather Filegar of Southern Healthy Homes, and I presented at the 2018 Windstorm Insurance Conference at the Rosen Shingle Creek Hotel. Rick Tutwiler who will be the President of the Windstorm Insurance Network in 2020, wanted to expand the course offering … Continue Reading

Roof Exclusions: A Lower Premium Could Cost You Big

When renewing your insurance premium, it’s common for your insurance agent to offer you any discounts you qualify for. These discounts can range in size from a few dollars to several hundred dollars, depending on the discount. For example, it is well known that a multi-policy discount can save you hundreds of dollars annually when … Continue Reading
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