A relatively inexperienced attorney from another law firm asked in an open forum whether a Category 5 hurricane mandates that no hurricane deductible can be applied and if Hurricane Michael policyholders can get a return of their hurricane deductible. Corey Harris has been involved in hurricane work with our firm since 2005. He quickly replied … Continue Reading
The statute of limitations period applicable to a breach of contract cause of action in New York is ordinarily six years. However, parties to a contract may agree, in writing, that any lawsuit must be commenced within a shorter period of time. Moreover, while the statute of limitations on a breach of insurance contract generally … Continue Reading
Proofs of loss were a topic of my first speech to the National Association of Public Insurance Adjusters at Carmel, California, in 1985. Generally, if an insurance company timely demands a proof of loss or if it is required under a policy, and the insurer does not waive the requirement, a proof of loss must … Continue Reading
An excellent and successful insurance company defense attorney, Bill Berk and I were on a panel presentation at the 2019 Windstorm Insurance Conference earlier this year. Berk reminded the audience of adjusters that under Florida law, they should not be saying or implying bad things about each other. He noted this Florida regulation: A public … Continue Reading
Joey Childress of Childress Engineering Services from Richardson, Texas, was attending the First Party Claims Conference in Marina Del Rey, California. He came up to me and showed a video and photographs of an extreme hailstorm hitting the greater Dallas Fort Worth area.… Continue Reading
In an opinion issued yesterday, the Tennessee Supreme Court held that labor cannot be depreciated when considering actual cash value.1 Merlin Law Group participated in this victory for policyholders by writing an amicus curiae brief on behalf of United Policyholders.… Continue Reading
Buy Bill Wilson’s book! This is the least I can say after quoting him about “resulting” or “ensuing” loss provisions following “wear and tear” exclusionary language. I am certain his book helped a judge understand how the coverage works.… Continue Reading
Nearly a year ago, California became the first state to mandate that all new homes have solar power.1 The regulation becomes effective January 1, 2020. Under the new rules, individual homes must have rooftop solar panels or share a solar-power system with a group of homes. According to the New York Times, the California regulation … Continue Reading
On January 30, 2019, New Jersey residents suffered a tremendous loss. Marcal Paper, in Elmwood Park, New Jersey on the edge of Route 80, burned to the ground. Along with it, 80 years of a family owned business, jobs, community, and an iconic sign that lit up Route 80 were lost.… Continue Reading
A contractor sent me a note from the National Roofing Contractors Association which indicates that the Trump administration is increasing the manpower of safety inspectors and whistleblower investigators regarding construction worksite safety. The note was based on an article, Labor Secretary: OSHA Jobsite inspections Likely to Increase, which stated: • In a written statement to … Continue Reading
If an insured in Ohio (“Ohioan”) is being mistreated by a delaying, denying, and bad treating insurance company, the Ohioan always has the option of voicing his or her displeasure to the Ohio Department of Insurance (“ODI”) via Complaint. The submission of a Complaint to ODI prompts an investigation by ODI into the insurance carrier’s … Continue Reading
A public adjuster alerted me to a Hurricane Michael policyholder being “shaken down” by a third party who allegedly purchased an AOB from an unlicensed contractor. What makes it worse is that the policyholder is being confronted by the third party and a person holding himself out to be an attorney.… Continue Reading
Insurance estimating expert Jeff Major gave one of the best speeches about Xactimate I have ever seen at the First Party Claims Conference West. I have seen Jeff give a number of presentations over the years, even teaching federal judges, magistrates, and mediators following Superstorm Sandy. But his warning about getting an insurance company’s “turkey … Continue Reading
Hurricanes, tsunamis, and earthquakes are the most common natural disasters to impact the State of Hawaii. The 2018 Hawaii hurricane season was one of the most destructive in recent memory, with six hurricanes hitting the islands. 2018 also brought the lower Puna volcano eruption.… Continue Reading
The Washinton Post published a story, Survivors of Hurricane Michael In The Florida Panhandle Fear They Have Been Forgotten. The story is excellent, and it is obvious that the reporter, Joel Achenbach, was at the scene early after the catastrophe because he noted the “towering” debris stored along the roadways. It is always amazing to … Continue Reading
“The Department of Insurance was created to protect the insurance consumers, public interest, and insurance marketplace by ensuring the solvency of insurers, enforcing and implementing the insurance laws of the state, and regulating the insurance industry in an efficient, courteous, responsive, fair, and equitable manner.” —The South Carolina Department of Insurance Mission Statement… Continue Reading
If you have suffered a property loss and believe that you have been wronged by a delaying, denying, and bad treating insurance company, you have the right to file a complaint with your state insurance commissioner.… Continue Reading
Losses from wildfires across the United States over the past decade have added up to $5.1 billion.1 In addition to damage typically expected from fires (smoke, soot, ash, water from fire-fighting hoses and extinguisher chemicals), some homeowners may face the additional risk of damage caused by suppression efforts, specifically aviation-based firefighting.… Continue Reading
Alabama policyholders can seek assistance with their insurance claims through the Alabama Department of Insurance website found here. When a policyholder feels they have hit a wall working with the adjuster(s) assigned to their insurance claim, Alabama provides an Online Consumer Complaint Form that can be submitted to the Department of Insurance.… Continue Reading
With appraisal becoming more popular in first-party insurance cases, I often get asked: When is the appraisal completed? As most answers for a first party insurance case – it depends on the policy. Recently a Federal District Court in Florida was asked to determine which of two apprasial awards was final and enforceable.1… Continue Reading
Ordinance and Law Coverage generates a lot of questions whenever I give a speech about the numerous building codes which impact construction. Christopher Boggs is a great insurance educator. Two chapters from his book, Wow! I Never Knew That!: 12 of the Most Misunderstood and Misused P&C Insurance Coverages, Concepts and Exclusions, provide some of the … Continue Reading
Everyone in the insurance industry has heard the term reformation, but it is often misunderstood. In California (and elsewhere), the legal right to reformation originated over a century ago when we still had separate courts of “law” and “equity.” Reformation was a creature of the latter, designed to prevent one party from using a mistake … Continue Reading
Insurance educator Bill Wilson has now written two articles challenging the insurance industry about why it makes fun of its customers’ suffering and disasters. In What’s So Funny? and, Again I Ask, What’s So Funny? Wilson challenges his industry: Our industry exists to assist individuals, families, and organizations in identifying and insuring their loss exposures … Continue Reading
As a former federal law clerk, the purpose of this blog series is to help educate policyholders about what they may face with insurance litigation in federal court. Today, I explain just a few ways an insurer might treat an insured’s complaint in federal court.… Continue Reading
