Archives: Insurance

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Closed Claim File Statistics Following Hurricanes

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

California Regulations Require That an Insurer’s Preferred Vendor Return Property to Its Pre-Loss Condition – A Quick Guide to What You Need to Know

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

Yee-Haw!! Meet Your Tapia Cowpoke Friends in the Cowtown Capital of Texas—Fort Worth—For the Fall Conference October 15-17, 2019

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

Reflections on Superstorm Sandy Along the Jersey Shore Almost Seven Years After the Catastrophe

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

Insurance Claim Payment Delay Following Expected Disasters is Epidemic

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

Reasonable Expectations – North Carolina

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

Hurricane Michael Policyholders, Public Adjusters, Contractors, and Agents Warning About Some Policies With One Year Limitations To File Arbitration

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

The Joy of Being a Policyholder Attorney

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

The Seventh Circuit Court of Appeals Weighs In On “Matching”

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

Pretrial Motion Practice in Federal Court

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

Insurance Agents Play An Important Role In Everyday Life

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

Reasonableness of Notice…Is it Fact Specific?

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

Hurricane Michael Claims Data Update: Part II

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 Policyholder’s Public Adjuster Cannot Be the Policyholder’s Appraiser

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

I Sold My Property, How Does That Affect My Claim?

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

Remand From Federal Court After Passage of the “Hail Bill:” Section 542A.006 and the Election of Legal Responsibility

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
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