When you read about the small village of Indian Hills, Ohio, you can’t help but think of it as a safe rural town in an out of the way location with rolling hills- something like a place out of a storybook. The community gathers together and celebrates holidays and news in the town revolves around … Continue Reading
Uncertainty regarding a date of loss could lead to a court’s denial of a defendant insurance company’s motion to dismiss. The court in ID Ventures, LLC v. Chubb Custom Insurance Company,1 addressed this issue.… Continue Reading
On April 18, 2018, the Texas Commissioner of Insurance issued Order No. 2018-5463, extending the deadline for a Texas Windstorm Insurance Association (TWIA) policyholder to demand appraisal on their Hurricane Harvey claim. Harvey made landfall in Texas and affected several parts of the Greater Houston area as well as several coastal areas from August 25 … Continue Reading
I recently met with a couple whose house was partially blown away in a tornado a year ago. I’ll call them Mr. and Mrs. Garcia. Mr. and Mrs. Garcia did everything they were supposed to – they promptly filed the tornado claim with their insurance company, they took photos of the damages, hired a public … Continue Reading
Replacement cost insurance generally allows recovery for the actual value of property at the time of loss, without deduction for deterioration, obsolescence, and similar depreciation of the property’s value. Depending on the circumstances, the difference between the actual cash value and the replacement cost value of a loss can be significant.… Continue Reading
Whether your insurance company forced you to sift through soot and ash, trying to recollect what has just been stolen, or trying to identify items damaged by water, going through damaged contents and creating an inventory is an emotionally draining experience that typically comes with little to no guidance by the insurance company. After spending … Continue Reading
Although Superstorm Sandy occurred over five and a half years ago, FEMA is still issuing bulletins regarding flood insurance coverage issues. The most recent bulletin addresses Increased Cost of Compliance (“ICC”) coverage.… Continue Reading
One of the most common questions we hear from our clients has to do with the differences between “actual cash value” and “replacement cost value.” Replacement cost value on its face seems relatively straight forward, but what is “Actual Cash Value” determined under New Jersey law?… Continue Reading
In Arizona, the statute of limitations for a cause of action for insurance benefits will begin to run from the date the insurer committed a breach, unless the policy states otherwise (i.e., from the “inception of” or “date of” loss). Typically, this means from the date the insurer denies claim benefits to its insured.1… Continue Reading
I commonly get asked coverage questions that relate to a commercial client’s claim for damages. My response is always the same, “send me the policy and I will take a look.” I know this sounds obvious but with the multitude of policies out there it is impossible to relate a policy to a factual situation … Continue Reading
A Maryland court recently ruled there was no insurance coverage available to an insured for a loss to her property that was not her primary residence.… Continue Reading
While the term actual cash value is typically found in a property insurance policy, it often is not defined in the policy. Courts around the country use four primary methods to give meaning to the term actual cash value when it is not defined in an insurance policy. Those methods are: (1) replacement cost without … Continue Reading
American politics and government can make people extraordinarily upset. The very nature of democracy, modern regulation, those being regulated and those regulating promotes active and emotional disagreements of what is the best public policy and how it should be determined. So, my first observation from yesterday’s post, Colorado House Bill 18-1153 Concerning Appraisals for Insurance … Continue Reading
If you are a collector of wine, you likely have heard of Rudy Kurniawan. Kurniawan came to prominence as a wine connoisseur and collector in the early 2000’s. He began purchasing and selling large lots of wine at auction houses, and at one auction, Kurniawan is reported to have sold $24.7 million dollars of wine. … Continue Reading
Navigating the Mighty Mississippi and the English language have quite a bit in common. Sometimes it takes a lot of skill and creativity to get where you want to go. Due to a recent dispute in Continental Insurance Co. v. L&L Marine Transportation, Inc.,1 regarding the meaning of the undefined policy term “tow” and the … Continue Reading
With Harvey still in our rear-view mirror, many Houstonians and coastal Texans are fearing what the 2018 Hurricane and storm season will bring. Many policyholders are still fighting their insurance carriers to recover on their Hurricane Harvey claims. With numerous claims being denied or underpaid—several policyholders have not moved back into their homes due to … Continue Reading
A court in Georgia found coverage for a loss based on the presence of a semicolon. In the case Lee v. Mercury Insurance Company,1 the court found coverage for a home destroyed by fire based on the potential ambiguity created by a semicolon.… Continue Reading
On our journey through the states, we now explore the “Granite State,” New Hampshire. One of the original thirteen colonies and known for its state motto, “Live Free or Die,” you should also know that New Hampshire has a complaint handling procedure applicable to insurance companies. Regulations for insurance company business can be found under … Continue Reading
Hurricane Harvey flooding affected Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series discusses the differences in property ownership rights and two separate avenues to recovery.… Continue Reading
With less than sixty days until the one-year anniversary of the most expensive hailstorm in Colorado history which hammered west metro Denver on May 8, 2017, many individuals, business owners, and community associations members continue the difficult task of negotiating with insurance companies in an effort to return property to pre-storm conditions.… Continue Reading
Proof of loss rules are not what I normally think about Kentucky. Kentucky usually makes me think of beautiful rolling hills, great basketball, fast horses and the Kentucky Derby. But, we recently had some questions about proof of loss in Kentucky and thought we would share our findings.… Continue Reading
A Federal trial court in Texas recently dismissed a homeowner’s claims that related to State Farm making misrepresentations in advertising and violating the Texas Deceptive Trade Practices Act (DTPA).1… Continue Reading
An older retired Florida Circuit Court judge once told me that his first job out of law school was in the claims department of an insurance company. He told me that all the company’s “adjusters” were licensed attorneys and that it was common for attorneys to act in that capacity during the 1930’s.… Continue Reading
With New York and New Jersey gearing up for what might be the third Nor’Easter in three weeks, now is a good time to review your insurance policies to aid in either making claim if you’ve already suffered damage, or to know what is covered if further damages occur.… Continue Reading
