Archives: State Legislation

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New Jersey Senate Passes Bad Faith Bill

Recently, the New Jersey Senate passed S-2144, entitled the New Jersey Insurance Fair Conduct Act. While the bill still must go through the Assembly and be signed by the Governor, this is much welcomed news by insureds and their representatives. Since 1993, insureds have had basically no right to bad faith claims against their insurers … Continue Reading

Why California Insurance Reform Can Improve Disaster Recovery in the Future

As many Californians continue to repair, rebuild, and regain financial health after the disasters throughout the State, many are looking at insurance reform as a solution for the future. Insurers should provide the funds due to individuals and businesses after a disaster, but as surveys have shown, these funds don’t always flow as they should.1… Continue Reading

Appraisals: A Comment on the Scott deLuise Post Regarding Colorado Appraisals and Failed Colorado Appraisal Legislation

American politics and government can make people extraordinarily upset. The very nature of democracy, modern regulation, those being regulated and those regulating promotes active and emotional disagreements of what is the best public policy and how it should be determined. So, my first observation from yesterday’s post, Colorado House Bill 18-1153 Concerning Appraisals for Insurance … Continue Reading

Colorado House Bill 18-1153 Concerning Appraisals for Insurance Claims Killed in Finance Committee Hearing

Note: This guest blog is by Scott deLuise. Scott deLuise has been a public adjuster in Colorado since 1985, and licensed since Colorado implemented licensing. He is licensed in 28 states and Puerto Rico. He is a past president of NAPIA, and founding president of RMAPIA. Monday before last was a sad day for the … Continue Reading

Proposed Statutes Regarding Assignment of Insurance Benefits Withdrawn From Consideration By Florida Legislature

A handful of bills regarding proposed statutes concerning assignment of property insurance benefits were withdrawn from both houses of the Florida legislature this month. Each of the proposed laws were directed toward assignments entered into by property owners in exchange for the agreement of the assignee — typically a contractor — to complete the associated … Continue Reading

Insurance Consultants and People Not Licensed as Public Adjusters Cannot Work on Property Insurance Claims

Florida law is significantly more specific about who may work on, aid in, or prepare a claim for a policyholder. Many insurance restoration contractors, all insurance consultants, and all those non-licensed third parties who help contractors, policyholders and public adjusters with insurance claims should get ready for a new way of doing business when a … Continue Reading

“American Rule” Abolished in Oklahoma

Most states follow the “American Rule” when it comes to litigation. In other words, absent a specific statute or contractual provision to the contrary, each party pays their own legal costs and fees. However, the Oklahoma legislature passed, and on May 10, 2017, the governor signed into law, a bill which, in essence, abolished the … Continue Reading

Update on Texas House Bill 1774

On May 7, 2017, I posted Texas House of Representatives Passes House Bill 1774, noting that the potential law could have a negative impact on Texas policyholders and their representatives, and promising you an update. Last week, the Texas Senate passed the latest version of the bill, and it is now before the Governor for … Continue Reading

State Legislation Regarding Property Insurance is Filed All Over the Country

Merlin Law Group has recently entered into a custom service with our online legal research vendor to provide updates on proposed property insurance legislation, regulations, and insurance commissioner bulletins. The reason is we have done this is because of the increased number of proposed bills and changes in administrative law from the departments of insurance. … Continue Reading

Preview of Florida’s Upcoming Legislative Session

Merlin Law Group Attorney and State Representative at Florida House Of Representatives, Sean Shaw, will be LIVE today at 11am EST talking about this year’s legislative session in Tallahassee. Here’s your chance to ask questions before the session. You don’t want to miss it! Go to https://www.facebook.com/seanmichaelshaw @ 11am EST 3/2/17 to tune in.… Continue Reading
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