Assignment of Benefits (“AOBs”) has been an issue in the property insurance realm for several years. In fact, the Florida Legislature made a hard push to address the issue during the 2017 Session but was unable to do so. The two main AOB bills that gained traction last Session dealt with the issue in slightly … Continue Reading
First, sorry it has been so long since my last post! It was a blast seeing a lot of you during the FAPIA conference in Duck Key. The fishing, comradery, and education were all amazing. (Unless you were in my fishing boat…and if you were I apologize). During the FAPIA conference I was honored to … Continue Reading
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
On May 7 and May 25, 2017, I wrote about Texas House Bill 1774/Senate Bill 10 that adds significant hurdles to policyholders who want to dispute weather-related property damage claims. On May 26, 2017, Texas Governor Greg Abbott signed the bill into law and it will now go into effect on September 1, 2017.… Continue Reading
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
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
Introduced on February 13, 2017, Texas House Bill 1774/Senate Bill 10, has been proposed by its sponsors as a way to curb hail storm lawsuit abuse. However, if signed into law, the bill could have a negative impact on Texas policyholders who have suffered any type of property damage relating to a natural disaster, hail … Continue Reading
I sent the following open and public letter yesterday regarding Texas roof claims in response to Texas legislation which encourages insurance companies to pay less than what is owed, less than what roofing manufacturers require to be done, and encourages unsafe conditions which literally kill people:… Continue Reading
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
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
Frustration is starting to set in for many policyholders with Hurricane Matthew claims. Here are few tips for those who are concerned that they are not being properly indemnified.… Continue Reading
Both the National Association of Public Insurance Adjusters (NAPIA) and the American Association of Public Insurance Adjusters (AAPIA) support Maryland’s House Bill 136. For the past six months drafting has been going on to come up with a bill that Gene Veno says will act as a consumer property protection bill.… Continue Reading
The 2017 Florida Legislative Session does not start until March 7th but committee weeks have begun in both Chambers. As a member of the Florida House of Representatives, I have been assigned to the following committees: Civil Justice & Claims Subcommittee Commerce Committee Energy & Utilities Subcommittee Government Operations & Technology Appropriations Subcommittee Insurance & … Continue Reading
I want to thank everyone who helped us achieve a hard fought victory in my August 30th primary for the Florida House of Representatives. My law firm colleagues have been with me every step of this journey. They never wavered in their support and were there to offer whatever assistance I needed on my cases. … Continue Reading
Last Tuesday night, I held my head in my hands almost crying after Sean Shaw confirmed he won election to Florida’s House of Representatives by a little more than a hundred votes. I could see the relief in Sean’s eyes as well. Waiting for a jury verdict and results from an election have certain similar … Continue Reading
For those of us that practice in the area of property damage in Colorado, June 6, 2012, is a day with much notoriety. A large wind and hail storm passed through the state, causing extraordinary damage. Even though it was classified as a catastrophic event, many insurers still challenged damages, so I represented a high … Continue Reading
In April I advised that Representative Jimmy Martin introduced Alabama House Bill 181 on February 11, 2016, for the regulation of public adjusters in Alabama.… Continue Reading
Under a new law that takes effect July 1, 2016, insurers may offer a new type of personal lines residential sinkhole coverage. Florida Governor Rick Scott signed CS/CS/SB 1274 into law, which created Section 627.7151, Florida Statutes, allowing insurance companies, at their option, to provide limited sinkhole coverage for a “sinkhole loss” to homeowners—which is … Continue Reading
As many readers know, Alabama does not currently license public adjusters. The Alabama State Bar takes the position that the actions of a public adjuster constitute the unlicensed practice of law.… Continue Reading
In January of this year, House Bill. No 1991 was introduced to the Hawaii legislature that—according to the Hawaii’s Insurance Commissioner—would "define the current manner and process in which insurers are able to adjust and make payments on claims."1… Continue Reading
You cannot make this stuff up. Anyone who reads this blog knows how frustrated I get with the insurance industry’s constant complaints that “[Fill in the Blank] is responsible for rising premiums.” The [Fill in the Blank] is always something different depending on what year it is—sinkholes, water claims, fraud, trial lawyers, hurricanes, reinsurance, political … Continue Reading
Since the 2016 Florida Legislative Session began in January, this blog has been following two topics very closely: Appraisal/Umpires and Assignment of Benefits. Although the door has not completely closed on possible Assignment of Benefits, it appears that there will be no action taken on the Appraisal/Umpire bills.… Continue Reading
Less than an hour ago, the Florida House just passed House Bill 79 by a vote of 92-22. The Senate Bill has not been voted on yet and there are still some possible changes that may occur. The full House bill as passed today can be found here.… Continue Reading
