Should departments of insurance approve forms which limit the amount of mold damage from a covered peril? A new Department of Insurance Bulletin from Louisiana addresses this issue and will be discussed today at Friday at 2 With Chip Merlin.
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Proofs of Loss: Insurers Must Also Comply With Policy Provisions
I recently defeated an insurance carrier’s Motion for Summary Judgment in Maryland pertaining to an insured’s alleged failure to comply with policy conditions—specifically, failure to file a timely Proof of Loss.
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Tis the Season – Cancelled Due To COVID-19!
My husband and I moved from New York City to Florida. Almost every summer we traveled back to New York for wedding season and this summer was no different for us. Just as the wedding season is getting into full swing, so are event cancellations due to COVID-19 pandemic. Last weekend alone, I received several calls from friends and family cancelling their weddings and baby showers until the COVID-19 outbreak has subsided. The novel coronavirus has caused major events around the world to be cancelled or postponed, further exacerbating the economic hardship.
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Misrepresentations and Proofs of Loss in New York
(Note: This guest blog is by Kathryn Ray, a Summer Law Clerk in our Tampa office)
When sustaining property or casualty damage and after filing a claim with an insurance company, the insurance company may then request a proof of loss. A proof of loss is defined as “a policyholder’s statement of the amount of money being requested, signed to and sworn to by the policyholder with documentation to support the amount being requested.”1 In New York, if an insurance company gives the insured a written notice, after a loss, requesting a proof of loss the insured shall then have 60 days after receiving this notice to comply with the insurance company’s request.2 This compliance period to provide the insurance company with a proof of loss may also be longer than 60 days if the insurer specifies so in their written notice.3
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Is There a 180-Day Replacement Cost Notice Rule in the Standard ISO Policy?
One of the things I enjoy is learning from so many really brilliant people in the insurance coverage business. One of those I am fortunate enough to work with: Ed Eshoo, out of our Chicago office. The other is insurance educator Bill Wilson who writes an extraordinary blog.
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Forfeiture of Benefits For Failure To Cooperate Stopped Under New Colorado Law
Colorado passed very pro-consumer legislation stopping insurance companies from overusing the cooperation clause in property insurance policies.1 Denver based Merlin Law Group attorney Jon Bukowski explained that some insurance defense counsel have aggressively used the cooperation clause in property insurance policies as a sword in an attempt to obtain a forfeiture of insurance policy benefits.
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Forfeiture of Insurance Contract Benefits Is Not Favored in The Law
Forfeiture is not often discussed when interpreting insurance policy terms. But it should be. Often, when a policyholder fails to do something timely or does something wrong, the insurance company counsel is heard in court arguing for a knockout punch to the policyholders pocket—“give the policyholder no money.”
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Service of Process Laws in the U.S. Virgin Islands
(Note: This guest blog is by Ilira Ndreu, a Summer Law Clerk in our Tampa office)
In the past few years, the U.S. Virgin Islands have experienced multiples catastrophic hurricanes. These storms have prompted various questions concerning the Virgin Islands, including time limitations that should be considered by policyholders.
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Can Insurance Companies Insinuate Arson Through Cause-and-Origin Evidence?
(Note: This guest blog is by Colleen Foster, a Summer Law Clerk in our Chicago office)
All too often in fire claims, insurance companies are quick to deny a fire claim and assert that the insured was involved in setting the fire. But what happens when an insurance company doesn’t formally allege arson in its denial letter, or in its answer and affirmative defenses? Is it enough to insinuate arson through cause-and-origin evidence?
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Friday At 2 With Chip Merlin —Are Insurance Companies Using Surrogates To Adjust Claims?
Friday At 2 With Chip Merlin is a 15 minute brief summary of the biggest property insurance topics of the week and answering questions about property insurance claims and law. There are three primary topics to discuss and you can ask more questions if I have time to answer.
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