Archives: Insurance

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Puerto Rico Update: Real Legacy Confirms Rumors of Insolvency – What’s Next?

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

Case Highlights How Writing and Interpreting Policies Can Be Challenging in Today’s Technological World

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

Appraisal: Competent, Disinterested and Impartial. Are appraisers and Umpires Ever Actually Any of the Three?

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

Insurance Agent Versus Experienced Policyholder Attorney Viewpoints About Insurance Coverage Denials

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

Ask an Allstate Insurance Agent

As I was walking to catch a train here in Chicago the other day, I saw numerous billboard advertisements throughout the station for Allstate insurance. Each advertisement posed an insurance question and told the reader to ask an Allstate insurance agent, thus suggesting the agent would know the answer.… Continue Reading

FEMA Backtracks, Advises That Partial Federal Government Shutdown Will Not Disrupt Flood Insurance Program

In my last two posts I wrote about the threatened expiration of the National Flood Insurance Program (NFIP) and stop-gap legislation that averted the lapse. NFIP’s authorization to operate is now extended to May 31, 2019. Despite the reauthorization legislation, FEMA announced it would halt NFIP’s authority to issue new and renewal flood policies until … Continue Reading

In Florida, There Are Penalties For An Insurance Company That Does Not Timely Issue Payment After A Settlement

An overwhelming number of claims are settled on a mutual understanding with respect to the covered loss and the amount necessary to indemnify the policyholder. The question is then: What can a policyholder do if the insurance company is taking an unreasonable amount of time to tender settlement payment. Florida law remains focused on strong … Continue Reading

Statutory Interest Series: Colorado

In two recent blog posts, I discussed Florida statutory interest which imposes a statutory duty on insurance carriers to pay interest on delayed payment of insurance proceeds.1 If you missed either blog post, then you find them here: I Reported My Claim Eight Months Ago! Am I Entitled to Interest Upon Resolution? Florida Statutory Interest: … Continue Reading

‘Tis The Season—Do You Need Special Event Insurance?

Plans for the holiday season and especially for the big blowout bash of January 1st are, no doubt, well underway with arrangements having been made for the location, caterer, band, and invitations, but has any thought been given to the purchase of special event insurance? Probably not. Insurance is usually an afterthought if any thought … Continue Reading

Are In-Laws “Relatives” for Coverage Purposes?

The holiday season is often a time to gather with family and friends. Sometimes, people consider their in-laws and even their ex-in-laws to be family and relatives worthy to be visited during the holidays, particularly if there are children involved. But does this analysis carry over for insurance coverage?… Continue Reading

NFIP’S Horseshoe Option

When a National Flood Insurance Program (“NFIP”) insured is not satisfied with the payment for flood-related losses, the NFIP insured is directed to three options:1 The NFIP insured may file an appeal with the Federal Emergency Management Agency (“FEMA”) within 60 days of the NFIP insurer’s written denial or partial denial of the requested claim … Continue Reading

North Carolina Insurance Commissioner Requires More Thorough Investigation of Hidden Water Damage and Hurricane Florence Claims

The North Carolina Insurance Commissioner, Mike Causey, gets an A+ grade for his recent bulletin requiring greater investigation of otherwise hidden areas behind walls to ensure losses are being adjusted properly. This bulletin will certainly help victims of Hurricane Florence with hurricane claims.… Continue Reading
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