Due to changes in the Texas Insurance Code that went into effect in 2017, more and more first-party insurance cases are ending up in Federal Court. Now that we are entering the second full week of the government shutdown some of my clients are asking what happens with their cases.… Continue Reading
As I was walking to catch a train here in Chicago the other day, I saw numerous billboard advertisements throughout the station for Allstate insurance. Each advertisement posed an insurance question and told the reader to ask an Allstate insurance agent, thus suggesting the agent would know the answer.… Continue Reading
With frigid temperatures setting in here in the Northeast and other parts of the country, it is an ideal time for insureds to ensure they are compliant with the protective safeguards1 endorsement that may be attached to their commercial policies.… Continue Reading
In my last two posts I wrote about the threatened expiration of the National Flood Insurance Program (NFIP) and stop-gap legislation that averted the lapse. NFIP’s authorization to operate is now extended to May 31, 2019. Despite the reauthorization legislation, FEMA announced it would halt NFIP’s authority to issue new and renewal flood policies until … Continue Reading
My son, Chase, father, Bill, and I went to the Peach Bowl in Atlanta this past weekend to cheer on the mighty Florida Gators as they defeated the Michigan Wolverines. Afterwards, I was curious how alligators would fare in litigated property insurance cases and the results of my legal research were not so good for … Continue Reading
An overwhelming number of claims are settled on a mutual understanding with respect to the covered loss and the amount necessary to indemnify the policyholder. The question is then: What can a policyholder do if the insurance company is taking an unreasonable amount of time to tender settlement payment. Florida law remains focused on strong … Continue Reading
If you have recently looked at the FEMA web site looking for a specific bulletin related to NFIP claims, you might have noticed the site has changed.… Continue Reading
In two recent blog posts, I discussed Florida statutory interest which imposes a statutory duty on insurance carriers to pay interest on delayed payment of insurance proceeds.1 If you missed either blog post, then you find them here: I Reported My Claim Eight Months Ago! Am I Entitled to Interest Upon Resolution? Florida Statutory Interest: … Continue Reading
Plans for the holiday season and especially for the big blowout bash of January 1st are, no doubt, well underway with arrangements having been made for the location, caterer, band, and invitations, but has any thought been given to the purchase of special event insurance? Probably not. Insurance is usually an afterthought if any thought … Continue Reading
The holiday season is often a time to gather with family and friends. Sometimes, people consider their in-laws and even their ex-in-laws to be family and relatives worthy to be visited during the holidays, particularly if there are children involved. But does this analysis carry over for insurance coverage?… Continue Reading
In Kingshill Hospitality, Inc. v. American Economy Insurance Company,1 the policyholder’s hotel was damaged by a fire. Three days later the policyholder hired a public adjuster to assist in submitting its insurance claim. A dispute arose regarding the amount of loss and the policyholder filed suit for breach of contract.… Continue Reading
When a National Flood Insurance Program (“NFIP”) insured is not satisfied with the payment for flood-related losses, the NFIP insured is directed to three options:1 The NFIP insured may file an appeal with the Federal Emergency Management Agency (“FEMA”) within 60 days of the NFIP insurer’s written denial or partial denial of the requested claim … Continue Reading
The North Carolina Insurance Commissioner, Mike Causey, gets an A+ grade for his recent bulletin requiring greater investigation of otherwise hidden areas behind walls to ensure losses are being adjusted properly. This bulletin will certainly help victims of Hurricane Florence with hurricane claims.… Continue Reading
Why would any insurance agent sell a customer an insurance policy that allows the insurance company to low-ball, delay payment, and otherwise not pay, and then force the insurance customer to obtain justice through an arbitration in a far-away jurisdiction applying foreign law? That is exactly what many commercial policyholders are being sold in Texas … Continue Reading
Insurance agents, divorce attorneys, elder law attorneys, wills, trusts and estate attorneys, and real estate attorneys need to read this post. They also need to read “Where You Reside” – The “Where’s Waldo®?” Catastrophic Homeowners Policy ‘Exclusion’ That Could Bankrupt Your Insureds, by insurance coverage expert Bill Wilson. Wilson’s article shows how often coverage can … Continue Reading
The Florida Office of Insurance Regulation recently released updated data from Hurricane Michael.1 A review of the available data shows the damage for the Florida panhandle. While we all know that Michael did substantial damage in the Florida panhandle the numbers have continued to grow. Over one hundred and twenty-five thousand hurricane claims have been … Continue Reading
Recently, Florida’s Third District Court of Appeal found that a trial court abused its discretion by allowing the trial testimony of an insured homeowner’s expert when he expanded on his opinions during trial. The case is Citizens Property Insurance Corporation v. Vazquez.1… Continue Reading
The State of Colorado has always been an attractive destination for people who enjoy the outdoors. Now more than ever, it seems people are choosing Colorado not just for a winter getaway, but as a place to call home. As a result of the market pressure that the ever-increasing population has caused, property values have … Continue Reading
The National Association of Public Insurance Adjusters held its mid-year meeting last week and the topic of assignment of benefits, commonly referred to as AOB’s, was on the agenda. Lisa Miller, an insurance lobbyist and regulator I have come across for over twenty-five years was the speaker on the topic.… Continue Reading
In a recent case,1 a federal court dismissed a flood claim following a nor’easter storm because the insureds’ proof of loss under the National Flood Insurance Act failed to satisfy the Standard Flood Insurance Policy’s (“SFIP”) “signed and sworn” requirement.2 In that case, the insureds submitted two claims to recover damages from the storm to … Continue Reading
If a picture says a thousand words, the one above certainly does. This picture was taken in the Panhandle of Florida following Hurricane Michael. This photograph may actually go so far as to imply the contractor is advertising for the practicing of law.… Continue Reading
