The mission of the Nevada Division of Insurance (“NDI”) is to “protect the rights of Nevada consumers in their experiences with the insurance industry.”1 Its Consumer Services Section responds to approximately 25,000 consumer inquiries every year and has recovered millions of dollars for Nevada policyholders.2 One of the core functions of the NDI’s Consumer Services Section is to investigate consumer complaints about insurance companies, agents, and adjusters. If your claim has been delayed, wrongly denied, deliberately underpaid, or otherwise improperly managed, you can file a complaint with NID requesting an investigation.
Continue Reading How to File a Complaint with the Nevada Division of Insurance

The Marina Del Rey Hotel is a hidden gem in Southern California. It is nestled among thousands of sailboats and is a perfect setting for a conference. The California Association of Public Insurance Adjusters (CAPIA) will hold its Annual Convention there this coming Thursday.
Continue Reading The California Association of Public Insurance Adjusters (CAPIA) Annual Convention on Thursday in Marina Del Rey

California statutory law known as the Unfair Competition Law (“UCL”) bars “any unlawful, unfair or fraudulent business act or practice” and gives courts the powers to fashion relief where money alone won’t be sufficient. Of course, this begs the question: Can an insured sue their insurer for violating the UCL? A recent federal district court ruling says no, at least when the case is a straightforward breach of contract and bad faith case.
Continue Reading Can I Sue My Insurer under the California Unfair Competition Law?

Like many states, California law makes it difficult to sue for being “underinsured.” The law places the primary responsibility for securing enough coverage and the right kinds on the insured. An insurance company, agent or broker has no duty at law to recommend any particular coverages or limits. However, they are liable if they fail to procure the agreed upon coverage, make a misrepresentation about how the coverage works, or fail to fulfill some other “special duty” they voluntarily undertook.
Continue Reading California Court Rejects Another Half-Baked Underinsurance Case

While I was researching the nerdy topic of what circumstances law and ordinance coverage pays for pre-existing building code violations discovered as a result of an insured peril, I came across a court order from an Indiana case,1 which shows many of the usual excuses insurance company defense attorneys raise in lawsuits. I suggest the order and the insurer’s motion for summary judgment are good learning lessons for those involved with helping policyholders because it has become typical that insurers, even after they pay a portion of the claim, will have their attorneys argue every conceivable basis for denial afterwards.
Continue Reading The Usual Cast of Excuses Raised for Denial of Property Claims in Litigation

Material shortages and supply chain problems are wreaking havoc among those trying to repair and replace property following recent hurricanes, wildfires, floods, and other catastrophes. While the adjustment of property insurance claims is always a dynamic field, this covid supply chain problem is very new. One veteran public adjuster told me at the FAPIA conference last week that the property insurance claims business keeps him young because there is “a lot more new than old” and change is always occurring.
Continue Reading What About Price Increases Affecting My Insurance Claim? Replacement Cost Evaluation in An Age of Material and Supply Chain Shortages

I’ve previously written about the “claims file privilege” in the state of Florida. In that blog post, Obtaining the Insurance Company Claims File, I discussed that the “claims file privilege” is a judicially created privilege and as a result of Florida abolishing common law privilege, privileges cannot be derived from judicial construction. Florida Statutes 90.501-90.510 discuss the applicable privileges in Florida, and “claims file” is not one of them.
Continue Reading The “Claims File Privilege” in Florida

The Colorado Insurance Commissioner will get a standing ovation at the Rocky Mountain Association of Public Insurance Adjusters (RMAPIA) meeting next week. His office filed a new bulletin this week regarding extending timelines for repair and replacement. I noted in Rocky Mountain Public Insurance Adjusters Meet on November 3 & 4 in Denver, that the Colorado Insurance Commissioner will be the opening act before the “headliner” shows up.
Continue Reading RMAPIA Meeting on November 3-4 and the New Colorado Bulletin Regarding Extensions for Completing Repair and Replacement