Facts are stubborn, but statistics are more pliable. —Mark Twain Closed claim file statistics reported by various departments of insurance following hurricanes seem absurd to those in the impacted areas and those working in the insurance claim business. The root of the problem is that most departments of insurance put pressure on insurance companies to … Continue Reading
It is becoming more and more common that insurance companies are recommending and suggesting that their “preferred vendors” perform loss repairs. California offers insureds protection if they opt to use a preferred vendor. Under the Fairs Claims Settlement Practices Regulations, if an insurer recommends a vendor, the insurer is essentially required to guaranty that vendor’s … Continue Reading
The Round-up: The Texas Association of Public Insurance Adjusters (“TAPIA”) has lassoed and corralled a great group of speakers and events that you absolutely will not want to miss this fall in Fort Worth. If you register by August 31st, members will only have to “pony-up” $149 and non-member, first timers $195. If you don’t … Continue Reading
Larry Bathgate was my co-counsel on 23 municipal insurance claims Following Superstorm Sandy and countless commercial and residential claims as well. We spoke on Friday evening and Saturday morning about our former clients, the rebuilding of the Jersey Shore and our law practices. From my view, there has been an amazing transformation and it was … Continue Reading
Crawford has acknowledged that the insurance industry it serves is not living up to its good faith claims obligation in a recent publication. Here is the confession about the 2017 Hurricane season which it reported in Today’s Large & Complex Claims Landscape: Preparing for the Perfect Storm: To adequately respond to today’s evolving catastrophe landscape, … Continue Reading
The reasonable expectations doctrine could be outcome determinative in coverage disputes in the Tar Heel State. Two doctrines courts often consider when analyzing policy interpretation are the doctrines of (1) contra proferentem and (2) the insured’s “reasonable expectations.” North Carolina state courts embrace the doctrine of contra proferentem while its adoption of the reasonable expectations … Continue Reading
Insurance company adjusters often leave off the reasonably expected acquisition costs when determining replacement cost. While the actual pricing can become theoretical, the bottom line is that these acquisition costs can be a material cost and every adjuster should include them when determining the top line replacement cost value.… Continue Reading
Would you go to a brain surgeon who had a reputation for being super-fast? How about an oncologist who will determine your exact cancer treatment to save you? How about an investment advisor who will make a snap decision of where all your money should be invested?… Continue Reading
Hurricane Michael policyholders, public adjusters, contractors and agents must check their policies to make certain that there is not a one-year deadline to start arbitration. The above photo is Lloyds at London. Lloyds is a place where surplus lines insurers do business and it is not an insurance company. Many of the Lloyds Underwriters have … Continue Reading
I recently had my second child. So, when my paralegal, Regina, came in my office the other day with a large box I assumed that it was more gifts over and above the abundance of gifts that Chip, the Tampa office, and the Red Bank office had already showered my growing family with. Although I … Continue Reading
Many policyholders do not have enough insurance to replace their buildings or homes after a total loss. Often these policyholders were assured by their agents or insurance companies at the point of sale that their limits were sufficient. And many times these assurances were based on estimates that fell below the minimum standards set by … Continue Reading
Hurricane Michael insurance claims continue to take up a lot of time with Merlin Law Group attorneys. The photograph above is from dinner last night in Panama City, Florida, where the issues and problems of getting insurance claims resolved fully were the hot topic of discussion. Hurricane Michael has a lot of slow and low … Continue Reading
Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch with repaired damaged siding. There, a federal district court … Continue Reading
This blog post will describe the difference between pre-trial case dispositive motions and motions that impact the admissibility of evidence at trial. I recounted in a previous post that (1) motions to dismiss and (2) motions for summary judgment are case dispositive motions. That means that if either party ultimately wins the motion, the claim … Continue Reading
David Thompson of the Florida Association of Insurance Agents (FAIA) is a premier insurance agent educator who spends most of his time on the road teaching insurance agents how to ply their trade. This morning, I was on a panel moderated by Thompson, with insurance agent defense attorney Jessica Kirkwood-Alley and insurance expert Brent Winans. … Continue Reading
Policy language varies when it comes to how and when an insured is required to give notice of a claim. Some policies have a definitive time frame setting forth when notice must be given, but others use terms such as “prompt,” “immediate” or “as soon as practicable.” When the policy does not provide a definitive … Continue Reading
The Florida Office of Insurance Regulation recently released updated data on July 26, 2019, from Hurricane Michael.1 A review of the available data shows the damage for the Florida panhandle. Since my prior blog post, the damage in the Florida panhandle from Michael has continued to grow. Over one hundred and forty-eight thousand claims have … Continue Reading
The Florida Third District Court of Appeals recently held that the policyholder’s public adjuster cannot be the policyholder’s appraiser.1 This decision will have a major impact on appraisals because many public adjusters act as their own appraisers. It should be assumed that the insurance company’s adjusters cannot act as appraisers as well. The decision should … Continue Reading
Appraisal was the topic of conversation between Steve Badger and me at the Denver IAUA conference. Colorado appraisals have been a matter of much litigation and controversy in Colorado. For some reason, appraisal law has been in great flux and controversy in Colorado versus the vast majority of states where appraisals seem to go along … Continue Reading
Merlin Law Group previously blogged about Konrad Kurach v. Truck Insurance Exchange,1 where an appeal was recently filed at the Pennsylvania Supreme Court on this question: Did the Superior Court err as a matter of law in finding that the limitation of payment of General Contractors Overhead and Profit from actual cash value in a … Continue Reading
When engaged by a member of the public to obtain insurance, an insurance broker is expected to possess reasonable knowledge of the types of policies, their different terms, and the coverage available in the area in which their insured seeks to be protected. If the insurance broker neglects to procure the insurance or if the … Continue Reading
Due to the insurance carriers delay, deny defend tactics, my homeowner clients are often put into the precarious position of selling their property during the pendency of the claim. The question I’m always asked at that point it, “how will the sale of my property affect my claim?” I usually go into an explanation about … Continue Reading
The infamous “Hail Bill” will be celebrating its second birthday this September 1, 2019. Whether there will be any celebrations is another question. The “Hail Bill” – the Chapter 542A amendment to the Texas Insurance Code—covers first-party claims arising from “forces of nature.”1 Within that chapter, one notably section is 542A.006, which allows an insurer … Continue Reading
Hawaii is paradise. The Aloha State deserves its reputation as exotic, fun loving, and a place to reflect about life—as you can tell from the picture above with my friend following the finish of the 2019 Transpac Race. So, it is fitting that insurers who wrongfully breach the peace of mind which insurance is supposed to … Continue Reading
