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While Florida’s political leaders have taken away policyholders’ traditional rights and protections by passing recent anti-policyholder laws, as discussed in Florida’s New Anti-Policyholder SB 76 Signed Into Law By Governor DeSantis, Louisiana has doubled down on traditional policyholder rights which are standard throughout the country by passing Louisiana Act 345 (fka HB 591).…
Continue Reading “No” to Managed Repair, “Yes” to Overhead and Profit And “Yes” to Appraisal—Louisiana Takes Steps to Maintain Traditional Rights Afforded To Policyholders

The National Flood Insurance Program is a tough federal insurance program. There is a recent case which was thrown out of court because the policyholder tried to do it himself. [1] It is another example that when FEMA officials say the government Is there to help with your flood claim, you will find out differently very quickly if you disagree with them on anything.…
Continue Reading Policyholders Should Immediately Get Professional Help if they Have Any Problems with their National Flood Insurance Claim

Initially, it is beneficial to define just what exactly is meant by the phrase “regulatory estoppel” in the context of insurance policies. This theory is a form of equitable estoppel whereby insurers are prevented, or “stopped,” from asserting an interpretation of an insurance policy provision that is contrary to the insurer’s explanation of that provision to state insurance regulators when the insurer originally sought approval of the policy form from the state department of insurance. In layman’s terms, the insurance company is prevented from arguing that a specific policy provision has a different meaning than the meaning originally presented to an insurance agency or during a judicial proceeding.…
Continue Reading Regulatory Estoppel – What is it and How Can it be Successfully Pleaded in New York?

The questions have been pouring in about various immediate losses all over the country. They typically start like this:

“Chip, what are you guys doing about [fill in the blank] claims in [fill in the state]?”…
Continue Reading Chip @2 on Friday—Business Interruption Lawsuit Update, Louisiana Hurricane Issues, Derecho Losses, and Smoke on the Water and in the Attic

Residents of the U.S. Virgin Islands affected by hurricanes Irma and Maria now have through January 8, 2018, to register with the Federal Emergency Management Agency (FEMA).1 Registration is required if survivors intend to apply for federal disaster benefits, such as low-interest Small Business Administration disaster loans and/or FEMA grants for rental assistance, home repairs, personal property losses, and other disaster-related needs.…
Continue Reading FEMA Registration Deadline Extended Until January 8, 2018, for US Virgin Islands