In addition to the beautiful beaches, one of the things for which Myrtle Beach, South Carolina, is well-known is its golf courses. Because there is a year-round temperate climate, and Myrtle Beach has courses designed by world-famous architects, including Arnold Palmer, Jack Nicklaus, Robert Trent Jones, and Greg Norman, it is many golfers’ favorite golf … Continue Reading
Recently, it seems like I have been privy to a relatively high number of insureds asked by their carrier, following a loss, to submit to an examination under oath (commonly referred to as an EUO). The most common question I received was, “Can I just choose not to answer or attend?” Although the choice is … Continue Reading
Flood insurance claims are different than regular property insurance claims because virtually all flood insurance claims have to follow federal regulations. The vast majority of all flood insurance policies are written through the National Flood Program. Even if a private company known as a Write Your Own (WYO) is listed as the insurer on the … Continue Reading
Florence battered the Carolina Coast with 90mph winds when it made landfall near Wilmington, North Carolina on September 14, 2018. Florence downgraded to a tropical storm Friday evening and is now crawling across South Carolina at a drastically slow rate of approximately 5mph. The Carolinas are now facing the devastating effects of catastrophic storm surge, … Continue Reading
Merlin Law Group attorneys have an advantage over other lawyers and law firms because we invest in and have an in-house attorney Knowledge Manager fka Law Librarian, Ruck DeMinico. Ruck has researched more insurance law issues and public adjuster issues than anybody I know.… Continue Reading
At this point, it seems that Hurricane Florence will strike and cause damage to buildings and homes beginning on Thursday, September 13, 2018. While hurricanes seem to always have an ingredient of unpredictability, the experts at the National Hurricane Center are warning of extreme winds, intense rain and storm surge.… Continue Reading
Merlin Law Group phones and my cell phone have been constantly ringing with public adjusters questioning us about North Carolina and South Carolina Insurance claims law. Hurricane Florence is bearing down on those states as I write this post. God bless everybody in the path of this monstrous storm.… Continue Reading
The Carolinas are bracing for the impacts of Hurricane Florence – currently a Category 4 hurricane at time of publication. Unlike many storms when the hurricane track is hotly debated, and landfall is anyone’s guess, the tracking models seem to be in agreement: … Continue Reading
Total loss and constructive total loss concepts in Florida are often confused with automobile total loss situations and exclusions and coverages related to Ordinance or Laws. We recently were asked about building law and ordinances which required a building to be demolished per building codes. The cause of the damage was by a covered peril … Continue Reading
In December of last year, my colleague Ashley Harris discussed Security First Insurance Co. v. Florida Office of Insurance Regulation,1 where the Florida Fifth District Court of Appeal (Fifth DCA) upheld the Office of Insurance Regulation (“OIR”) prohibition of proposed language in an insurance policy that would require “all insureds, all additional insureds and all … Continue Reading
Actual cash value polices should rarely be sold on a typical home. Insurance agents who sell these policies knowing that a mortgage exists are negligent because various federal laws and regulations generally require that negotiable mortgages are to be protected by replacement cost insurance: Property insurance for properties securing loans delivered to Fannie Mae must … Continue Reading
If you’re a news junkie like I am, you have probably heard about the FBI recovering a pair of ruby red slippers worn by Judy Garland in the filming of The Wizard of Oz. By way of background, the shoes were stolen from The Judy Garland Museum in Grand Rapids, Minnesota thirteen years ago. At … Continue Reading
The Florida Office of Insurance Regulation recently released updated data from Hurricane Irma.1 A quick review of the data paints an interesting picture. While we all know that Irma did substantial damage in Florida, the sheer size of the numbers is still daunting. Almost one million claims have been reported (997,237) totaling over $10,000,000,000.00 in … Continue Reading
Most property insurance policies provide additional coverage for direct physical loss of or damage to covered property caused by or resulting from an “abrupt collapse.”1 In Hoban v. Nova Casualty Company,2 a California federal district court recently addressed the meaning of the phrase “abrupt collapse,” which the commercial insurance policy at issue defined as “an … Continue Reading
My blog post from March 2018 addressed a presentation I was involved in which addressed the attorney’s role during the adjustment of a claim. As addressed in that blog post, the line can quickly become blurred between an attorney acting in his/her role as counsel and acting as the claims adjuster for the insurance company.… Continue Reading
In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument.… Continue Reading
If your home or business was damaged by flood waters from Hurricane Irma and you had flood insurance through the National Flood Insurance Program (NFIP) the deadline to submit a proof of loss is quickly approaching. The Standard Flood Insurance Policy (SFIP) provides that a proof of loss must be submitted within 60 days of … Continue Reading
Hurricane Harvey victims along the Gulf Coast continue to fight for proper claims treatment from Texas Windstorm Insurance Association—better known as TWIA. On August 27, 2018, KPRC Channel 2 News Houston profiled the ongoing problems property owners are facing with their TWIA claims. KPRC Channel 2 News Houston interviewed me as part of its ongoing … Continue Reading
A case recently came in front of the court regarding a claim for damage caused by Hurricane Irma. The case is Rodriguez v. Wright National Flood Ins. Co., No. 4:18-cv-10077 (S.D. Fla. Aug. 14, 2018). In Rodriguez, the defendant, Wright National Flood Insurance Company, a write-your-own insurance carrier that is part of the government’s National … Continue Reading
While Hurricane Lane threatens Hawaii with huge storm surge, high wind and heavy rain, officials are preparing for the impact of insurance claims after the Category 2 Storm.… Continue Reading
Many of us in Central Colorado remember the hail storm that wreaked havoc on the Denver metro area in May 2017. What happens when hailstorm damage to your property does not manifest itself for a period of months, or even a year later? Should a claim be denied for being reported once discovered? Unfortunately, the … Continue Reading
Frequent readers of our blog know that property insurance losses center on the insurance policy. The Policy provisions are the most fundamental and are always important in a breach of contract case. Despite the importance of the policy, you would think that insurance company adjusters, independent adjusters, and the representatives working on insurance claims would … Continue Reading
Those affected by Hurricane Harvey may recall the massive and widespread flooding, tornado bursts, and extreme wind speeds reaching 130 mph or higher. To many, it is an overwhelming and still very present memory. Were you affected by Harvey? Hurricane Harvey hit Texas on August 25, 2017, as a Category 4 hurricane and caused widespread … Continue Reading
My blog post last month, Man’s Best Friend—Are You Covered, took a look at 2017 dog-bite statistics in the United States and whether the typical homeowners policy covered these types of injuries. The answer to that question more often than not is “yes.” However, there has been a tremendous growth recently in another related industry—pet … Continue Reading
