Archives: Insurance

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Payment of An Appraisal Award: Is There More?

The answer to the above question came, in part, on June 28, 2019, with the issuance of twin Texas Supreme Court opinions: Barbara Technologies Corporation v. State Farm Lloyds,1 and Ortiz v. State Farm Lloyds.2 The specific issue in these two decisions was what effect did an insurer’s full and timely payment of an appraisal … Continue Reading

PayUp! A Policyholders Guide to Insurance By Forbes Books

Merlin Law Group cares about insurance consumers’ interests. Insurance company lawyers only care about their profits and profits for their insurers. I mentioned in David Berardinelli Was a Policyholder Advocate, that I would be completing a book with ForbesBooks about insurance policyholders and this book, Payup!, is about to be published this November.… Continue Reading

Restoration Contractor Revenue and Profit Is Important If Policyholders Are Going To Get Quality Work

Steve Patrick is a guru for those estimating property insurance losses. He made a suggestion on Level The Playing Field, for a construction book, Markup & Profit: A Contractor’s Guide, Revisited. His suggestion caught my eye since Merlin Law Group keeps this work in our reference library. This book is an excellent reference which contractors, property loss … Continue Reading

When Is My Flood Claim Preempted?

With Hurricane Dorian causing flooding on the east coast as we speak the question, I often get asked is: when can I sue my flood insurer for a violation of state law? Recently the Corpus Christi Division of the Southern District of Texas addressed the question.… Continue Reading

Insured’s Prejudgment Interest Award Runs From Date Appraisal Was Demanded

Dewey Hill owned eight townhome buildings in Minnesota insured by Auto-Owners.1 On August 16, 2013, a hail and windstorm damaged the buildings. Three days later, Dewey Hill notified Auto-Owners of the loss and submitted written property loss notices ten days later. Auto-Owners investigated the claim and approximately nine months later issued its first payment to … Continue Reading

Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

A recent Southern District of Florida decision addressed this issue.1 A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”) made a claim for damages under the standard flood insurance policy (“SFIP”) … Continue Reading

The Emotional Toll of Hurricanes

Brian Malone is a dear friend and a Bahamian whose immediate family is about to have a horrific experience caused by Hurricane Dorian. Brian’s parents and relatives live in Hope Town on the Abaco Islands which is part of the Bahamas. Category 4 and 5 hurricanes are terrible freaks of nature, but living through 24 … Continue Reading

Are Insurance Company Adjusters Really Working Around the Clock and Making Accurate Estimates?

“Not with Hurricane Michael claims” is the answer to these questions being screamed by policyholders, contractors and public adjusters. The blog title and questions were plucked from CJW’s website which also says most adjusters have a difficult time making accurate estimates but CJW does not because their adjusters “work ‘round the clock” to make accurate … Continue Reading
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