Archives: Insurance

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Recovery of Consequential Damages after Foreclosure

Depending on the jurisdiction, one element of an insured’s damages in a first-party property insurance claim may include consequential damages. Consequential damages are an indirect result of a direct loss.1 Lost profit, lost rents, and lost business opportunities are examples of consequential damages that could be incurred as a result of a direct physical loss … Continue Reading

Non-Renewal or Cancellations of Commercial Insurance Policies in Puerto Rico after Hurricane Maria

Many Policyholders in Puerto Rico are concerned about the notifications of non-renewal or cancellations they received after Hurricane Maria claims. This is a matter that affects both residential and commercial Policyholders. The process of obtaining insurance coverage from a different insurance company can be even more difficult when repairs related to a prior claim have … Continue Reading

Colorado Not Replacing Contractor Overhead and Profit Bulletin

The Colorado Department of Insurance will not be repealing its longstanding bulletin requiring that contractor overhead and profit be a part of a calculation to determine actual cash value at tomorrow’s stakeholder meeting in Denver. This is fantastic news for all Policyholders and the correct decision by those dealing with this issue in the Colorado … Continue Reading

Legal Action Against Us Clause

While the timeframe to file a legal action is generally defined under the Statute of Limitations, in some states an insurance policy can contractually establish a shorter period to file a legal action. In a recent California case, Keller v. Federal Insurance Company,1 the Ninth Circuit upheld a Legal Action Against Us clause, finding the … Continue Reading

Am I Covered For Water Loss To My Home? Don’t Trust Advertising Lawyers and Find Quality Professionals To Help If Your Insurer Says “No” To Coverage

The recent blog post, My House Has Suffered Water Damage, Am I Covered? suggested to hire a licensed public adjuster, or an attorney if the claim was denied, to help you with a water loss claim. This led me to question, “how anybody would find a quality public adjuster or attorney?” The common answer in today’s … Continue Reading

Statutory Interest Series: Michigan

Prompt-pay laws are important to a policyholder’s rights to recover insurance benefits following a wrongful denial or delay in payment of a property damage claim. Prompt-pay laws vary from state to state. The implementation of statutory prompt-pay laws is critical to a policyholder’s recovery following a devastating loss.… Continue Reading

Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal

“Oh, Boy!” was my first thought after reading a case which holds that those arbitration agreements requiring policyholders to arbitrate in far-away places could not be stopped by state law. Congress should stop this, and state legislators should write laws to ban those insurance carriers who sell such policies.… Continue Reading

Georgia Insurance Commissioner Indicted By Federal Government For Fraudulent Insurance Scheme

I had barely finished my speech with Nicole Vinson at the Georgia Association of Public Insurance Adjusters (GAPIA) Spring Conference this morning when news broke that Jim Beck, Georgia’s Insurance Commissioner had been indicted in a 38-count criminal complaint for a fraudulent scheme involving insurance inspections and invoices. It alleged that Beck, a former insurance company … Continue Reading

Why Do I Have To Pay A Large Named Windstorm Deductible? Confusion With Named Windstorm Deductibles Versus Flood Deductibles In Hurricane Scenarios

Named Windstorm deductibles are fairly common in areas prone to hurricanes. Instead of a policyholder being responsible for deductibles which can regularly rise to several thousand dollars, in the event of a named storm, which tropical storms and hurricanes become, a higher Named Windstorm Deductible applies and usually results in a very high deductible. Many … Continue Reading

Broken Water Main Damage: Flood or Not Flood Under Homeowner’s Insurance Policy?

In a recent court opinion,1 the New Jersey Appellate Division interpreted a homeowner’s insurance policy’s water damage exclusion and determined whether damage from a broken municipal water main under a public street was covered under the policy. In that case, a homeowner brought an action against his insurer for breach of contract after the insurer … Continue Reading

Does an Insurance Adjuster Have Deadlines To Work and Finish My Claim? A California Guide

The California Fair Claims Settlement Practices Act imposes multiple deadlines to respond and report to insureds during a claim adjustment. Knowing and understanding an insurer’s reporting duties and deadlines can speed up the adjustment and payment of a claim. Although a failure to meet a deadline by a day or two may not, in and … Continue Reading

Collapse Loss Ambiguity Determined With Dictionary Help

Feenix Parkside LLC owed a commercial building that incurred a partial collapse to their ceiling. When Feenix sought coverage for the collapse, the insurer—Berkley North Pacific—denied coverage for the loss. When Feenix reported the loss, they stated the collapse was due to decay, which was a gradual decline in strength and soundness.… Continue Reading

How To Adjust Actual Cash Value and Overhead and Profit in Colorado—Colorado To Hold Public Forum For Comments

The Colorado Division of Insurance will hold a public stakeholder meeting at the Colorado Division of Insurance in Denver on May 21, 2019, regarding its proposal to eliminate one of its long-standing bulletins requiring insurance companies to pay contractor overhead and profit rather than deduct the amount until incurred.1 We discussed this in Colorado Overhead … Continue Reading

Where There Is Smoke, There Is… A Denial

An Illinois Public Insurance Adjuster recently contacted me regarding an insurer’s denial of a smoke damage claim. The facts were as follows. While a condominium unit owner was using the fireplace in the unit (“unit 1”), smoke began to fill up in the condominium unit above (“unit 2”). The condominium association made a claim to … Continue Reading

Interesting Public Adjuster Contract Required By Michigan Director of Insurance

The Michigan Director of Insurance recently issued the following bulletin: MICHIGAN INSURANCE BULLETINS AND RELATED MATERIALS BULLETINS Bulletin 2019-07-INS April 17, 2019 FROM: Anita G. Fox Director Of Insurance DATE: April 17, 2019 RE: RESIDENTIAL PUBLIC ADJUSTER CONTRACT This bulletin supersedes Bulletin 2018-22-INS, dated November 20, 2018. The Director has approved a new residential public … Continue Reading

What Do Federal Law Clerks Do?

For nearly two years, I had the opportunity to serve as a law clerk for a United States District Judge. Serving in chambers was one of the greatest experiences of my legal career. Today, I wanted to take a short break from my federal court practice series and explain to policyholders the role law clerks … Continue Reading
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