Who has the burden of proof in a typical all-risk insurance policy which is now often referred to as an “open perils” policy? What does a policyholder typically have to prove to make a claim for property damage? These are fairly basic questions with answers that can become confusing when the burdens switch.
Continue Reading Who Has the Burden to Prove the Cause of Property Damage? Those Burdens of Proof Can Switch!
Defining what constitutes a “collapse” under modern policy provisions is a highly litigated issue in Florida. Insurers have repeatedly amended/revised the definition of collapse to more precisely constrict coverage, leading to constantly evolving judicial interpretations of those provisions. Many exceptional blogs have been written seeking to clarify this confounding coverage, including Court Defines “Collapse” by Merlin Law Group attorney Shane Smith, and What Constitutes an “Abrupt Collapse”? by Merlin Law Group attorney Edward Eshoo.
Continue Reading Partial Collapse – Collapse Coverage Does Not Require “Total Destruction”
An open insurance claim, in most cases, does not inhibit your ability to sell the property. There may be a number of reasons why a homeowner wishes to sell their home while the insurance claim is still pending. When doing so, here are some things to consider.
Continue Reading Things To Consider When Selling Property With An Open Insurance Claim
Homeowner clients of Merlin Law Group prevailed and received a winning jury verdict yesterday in Lee County, Florida. In a weeklong trial against Avatar Property and Casualty Insurance Company, represented by insurance defense attorney Curt Allen, Merlin Law Group attorneys Dennis Bailey, Amy Currotto, and Anthony Orlando made the winning presentation and closing argument before the jury retired to answer a 16-question verdict form. I mentioned that this trial was ongoing while commenting on another trial in yesterday’s post, Insurance Company Lawyer Tells Jury Insurance Companies Cannot Be Expected to Know Building Codes.
Continue Reading Trial Win Over Curt Allen and Avatar Property and Casualty Insurance Company
Merlin Law Group attorneys Jon Bukowski, Larry Bache, Corey Harris, and Ashley Harris won a before the Federal 10th Circuit Court of Appeals, which held today that causation can be determined in Colorado appraisals.
I would like to give special recognition to Shane Smith who helped write the briefs and contributed to
A federal court ruling earlier this year discussed a fairly common scenario of an insurer claiming that no roof damage occurred and even if it did, the policyholder failed to introduce evidence of actual cash value because it only had a replacement cost estimate.1 The point of this post is to show that the safest way to present a property insurance claim in Florida is with a combined replacement cost estimate and an actual cash value estimate. However, fully understanding those concepts and Florida statutes on the subject is important.
Continue Reading Do You Have a Florida Property Insurance Dispute Over Valuation? Understand the Differences Between Replacement Cost Value, Actual Cash Value and How the Broad Evidence Rule Works
A recent Louisiana case1 demonstrates the difficulty of interpreting deductibles when sub-limits of a peril apply. The case is significant because many high limit commercial policies have similar deductible clauses, which courts have found ambiguous and afforded the policyholder a much greater recovery.
Continue Reading Deductibles Can Be Confusing and Ambiguous
Tuesday at 2 featured Thibodaux, Louisiana, attorney and Hurricane Ida survivor Beau Brooks. Beau grew up in Thibodaux and recounted his experiences during the hurricane and the slow response by his insurance company.
Continue Reading Lafourche Parish Hurricane Ida Case Management Order and Disaster Discovery Protocols
Hurricane Ida caused a tremendous amount of damage. One coverage issue concerns asbestos in older buildings and whether removal is paid for under a property insurance policy that may also contain pollution exclusions.
Continue Reading Hurricane Ida Asbestos Removal Costs Covered—Subscribe to FC&S
A second court of appeals in Florida has upheld a limitation in a policy that prevents assignments of property insurance claim benefits only if all policyholders and the mortgagee agree to the assignment.
Continue Reading Assignment of Benefits Valid Only If All Policyholders and the Mortgagee Agree