Every once in a while, Colorado federal district court judges decide to provide more clarity on legal defenses asserted by insurers. One such recent case is a great case study regarding the evolving standard relative to an insurer’s ability to assert a failure to cooperate defense in litigation. In Excel Construction Group v. GuideOne Mutual Insurance Company,1 the trial court recently evaluated the failure to cooperate defense for defenses asserted before the enactment of C.R.S. § 10-3-1118. Excel was filed by a contractor by assignment of an insurance claim. Excel filed a lawsuit against a church facility’s insurer for breach of contract damages and a violation of Colorado’s insurance bad faith statute, C.R.S. § 10-3-1115 and 1116, in the federal district court of Colorado on December 31, 2020.   

Continue Reading Does an Insured Have to Respond to an Insurer’s Document Request or Else Risk Legal Action Asserting a Failure to Cooperate as an Absolute Bar to Insurance Recovery?

Public adjuster George Quintero of Vanguard Public Adjusters sent me an article from Australia, ICA Reviews Use of Wear and Tear Exclusion. The article involved the denial of property insurance claims based on the “wear and tear” exclusion. The article stated, in part:

Continue Reading Do Insurers Wrongfully Deny Claims Based Upon the Vague Wear and Tear Exclusion?

A recent California case involving a claim for a loss to frozen embryos caught my attention.1 This is not a “run of the mill” type of loss. It is also a good case to remind policyholders that most homeowners policies are written on a named peril for personal property loss.   

Continue Reading Is Loss to Frozen Embryos Covered? A Case Study in Named Perils Coverage for Personal Property

If you were a public adjuster and God was judging the truth of your answer, would you say you are the best public adjuster to be selected on a given claim? I have posed a similar question to members of our law firm, emphasizing the importance of professional and technical excellence. If you are not good enough to be the best or at least among those in that discussion, why should a policyholder select you as the professional to represent them rather than somebody better? 

Continue Reading Policyholders Should Carefully Select Their Public Adjusters

The Florida Supreme Court has overruled prior precedent and ruled against appraisers charging a contingent fee or having a contingent interest in the outcome of an appraisal.1 This case will immediately impact all ongoing and future appraisals. If you are in an appraisal with a contingent interested appraiser, you need to immediately seek legal advice about your next steps. 

Continue Reading Florida Prohibits a Disinterested Appraiser From Having a Contingent Interest in the Appraisal Award