One year ago, I wrote Does the Appraisal Process Violate the Constitution? This was about a Hurricane Irma appraisal case which is still moving at a snail’s pace. The parties have not even started the appraisal process because of all the issues being raised by the insurance company. The federal appellate court ruled last week that those issues could not be ruled upon until a final judgment is entered by the trial court.1 

Continue Reading Invoking Appraisal Does Not Mean That Litigation Won’t Have Significant Delays—Why Go To Appraisal If You Cannot Get the Insurance Recovery Quickly?   

The whopping bad faith verdict I wrote about in Whopping Bad Faith Verdict Caused By Insurers Hiring the Policyholder’s Expert, almost never happened. The insurance policy required a lawsuit to be filed within a year of the loss. The lawsuit was not filed within that time frame.

Continue Reading How Does Indiana Treat the Twelve-Month Limitation Period to File Suit?

The Florida Department of Financial Services (DFS) issued an Order dismissing a petition on whether individuals must be licensed as adjusters or public adjusters to be named appraisers to an insurance appraisal. I previously wrote about this issue in Who Should Be Appraisers to an Appraisal Panel? NAPIA Takes a Stand. I also noted an insurance industry leader agreed with my view in Jonathon Held Argues That Appraisers Should Not Have To Be Licensed Adjusters

Continue Reading Do Appraisers Need to Be Licensed Adjusters or Public Adjusters? The DFS Declines to Rule on the Issue

Sunday evening in Boulder, Colorado, was very enlightening and educational. I intently focused on a presentation by my co-counsel Dan Whalen and his stellar and experienced fire recovery team from Engstrom, Lipscomb & Lack. They discussed the science and law applicable to the Marshall Fire and legal actions holding against utilities responsible for contributing to wildfires. 

Continue Reading What Were the Causes of the Marshall Fire?

How many people pay insurance, year after year, and nothing happens except for paying premiums? This was the case for Eva Mallek. Then approximately 20 years after she purchased the insurance, she had a fire. Allstate argued that no coverage existed because she was not residing at the home when the fire occurred. Mallet said she never received a copy of the policy and did not know of the requirement. 

Continue Reading Allstate Could Not Prove It Ever Delivered a Copy of the Policy

Note: This guest post is by AAPIA President Cole Kline.

In case you didn’t know, there are two national public adjuster associations. APIA, the American Association of Public Insurance Adjusters,is not well-known but is growing in strength and energized with new purpose and zeal. 

Continue Reading Who is AAPIA, and, as Chip Merlin recently asked Holly Soffer (AAPIA general counsel), what are we up to lately?

I returned yesterday to one of my childhood hometowns, Panama City, Florida, to give the opening speech at the Tenth Annual Conference of the Coalition of Insurance Responders (CDR). A year ago, I spoke at this conference and noted in The Coalition of Disaster Responders Hits It Out of the Park

The Coalition of