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
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.… Continue Reading
Why would any insurance agent sell a customer an insurance policy that allows the insurance company to low-ball, delay payment, and otherwise not pay, and then force the insurance customer to obtain justice through an arbitration in a far-away jurisdiction applying foreign law? That is exactly what many commercial policyholders are being sold in Texas … Continue Reading
Insurance agents, divorce attorneys, elder law attorneys, wills, trusts and estate attorneys, and real estate attorneys need to read this post. They also need to read “Where You Reside” – The “Where’s Waldo®?” Catastrophic Homeowners Policy ‘Exclusion’ That Could Bankrupt Your Insureds, by insurance coverage expert Bill Wilson. Wilson’s article shows how often coverage can … Continue Reading
The Florida Office of Insurance Regulation recently released updated data from Hurricane Michael.1 A review of the available data shows the damage for the Florida panhandle. While we all know that Michael did substantial damage in the Florida panhandle the numbers have continued to grow. Over one hundred and twenty-five thousand claims have been filed … Continue Reading
Recently, Florida’s Third District Court of Appeal found that a trial court abused its discretion by allowing the trial testimony of an insured homeowner’s expert when he expanded on his opinions during trial. The case is Citizens Property Insurance Corporation v. Vazquez.1… Continue Reading
The State of Colorado has always been an attractive destination for people who enjoy the outdoors. Now more than ever, it seems people are choosing Colorado not just for a winter getaway, but as a place to call home. As a result of the market pressure that the ever-increasing population has caused, property values have … Continue Reading
The National Association of Public Insurance Adjusters held its mid-year meeting last week and the topic of assignment of benefits, commonly referred to as AOB’s, was on the agenda. Lisa Miller, an insurance lobbyist and regulator I have come across for over twenty-five years was the speaker on the topic.… Continue Reading
In a recent case,1 a federal court dismissed a flood claim following a nor’easter storm because the insureds’ proof of loss under the National Flood Insurance Act failed to satisfy the Standard Flood Insurance Policy’s (“SFIP”) “signed and sworn” requirement.2 In that case, the insureds submitted two claims to recover damages from the storm to … Continue Reading
If a picture says a thousand words, the one above certainly does. This picture was taken in the Panhandle of Florida following Hurricane Michael. This photograph may actually go so far as to imply the contractor is advertising for the practicing of law.… Continue Reading
A recent decision by the Supreme Court of Wisconsin1 might predict how other courts would analyze coverage under commercial general liability insurance policies for wildfires. In May 2013, a fire broke out on forest land owned by Lyme St. Croix Forest Company. The fire burned nearly 7,500 acres over the course of three days and … Continue Reading
In the wake of Hurricane Michael, some policyholders are starting to see a response from their insurance companies for their home and business losses. The extent and the magnitude of the damages that Hurricane Michael caused has been captured by some media outlets but down played by others. Many of those dealing directly with the … Continue Reading
Earlier this month, the Ninth Circuit Court of Appeals asked the Washington State Supreme Court to resolve a conflict between two Washington state insurance law principles, namely, the conflict between (1) the rule that an insurance company is bound by representations made by its authorized agents, and (2) the rule that certificates of insurance cannot … Continue Reading
Many Virgin Islands property owners have submitted claims to their property insurance carriers relating to claims from Hurricanes Irma and Maria. One issue that may arise during the adjustment of the claim is how the insurance carrier will calculate the “actual cash value” damages to the property.… Continue Reading
It is an unfortunate reality that flood victims generally have very limited recourse against their flood insurance company – particularly if their insurance company is a Write Your Own (“WYO”) Company operating under the National Flood Insurance Program (“NFIP”).… Continue Reading
Dave Jones, California’s insurance commissioner, has declared an emergency situation following the Camp and Woolsey wild fires. This will allow insurance companies to use out-of-state adjusters, in an attempt to handle the large volume of claims resulting from the fires.… Continue Reading
Are you covered if your pet cat causes a CATastrophe to your property? I was posed this question after being referred to an article on celebrity Frankie Muniz who found his home “flooded with 3 feet of water because his cat had accidentally turned on the faucet while he was away at his uncle’s funeral.” … Continue Reading
A recent Florida appellate opinion addresses common issues regarding the death blow or failure to comply with policy conditions. It should be well-known that a material breach of a policy condition may be fatal to a claim and grounds for voiding the policy.… Continue Reading
Last month the Assistant Administrator for Insurance, Paul Huang, extended the deadline for submitting a Proof of Loss for flood insurance claims. The Standard Flood Insurance Policy (SFIP) provides that a proof of loss must be submitted within 60 days of the loss. However, FEMA Bulletin W-18026 waived the 60-day proof of loss deadline, extending … Continue Reading
Possibly. Many policies exclude or limit coverage for interior water damage unless there is evidence of a wind-created opening in the roof, outside wall, door or window where rain entered the home or business. I often see carriers deny coverage in a manner similar to the below scenario:… Continue Reading
Parents of young children know the birthday party appeal of inflatables like bounce houses, slides, trampolines, and moonwalks. But it’s no picnic to learn that your homeowner’s insurance won’t be of any help if someone gets hurt on an inflatable dragon slide in your front yard at your child’s birthday party. A few tips may … Continue Reading
In states like Ohio where catastrophic disasters are not as common as in other states, policyholders should still understand how important it is to have a claim handled properly. Ohio’s most common disasters are tornadoes, snow, and floods. Although not common, Ohio has been affected by hurricane winds and rain that have reached some areas. … Continue Reading
