If your home or business was damaged by flood waters from Hurricane Irma and you had flood insurance through the National Flood Insurance Program (NFIP) the deadline to submit a proof of loss is quickly approaching. The Standard Flood Insurance Policy (SFIP) provides that a proof of loss must be submitted within 60 days of the loss. However, FEMA Bulletin W-17040 waived the 60-day proof of loss deadline, extending the deadline to submit a proof of loss to 365 days (one year) from the date of loss.
Continue Reading Hurricane Irma NFIP Proof of Loss Deadline is Quickly Approaching

The Colorado Supreme Court issued two opinions favorable to Colorado policyholders earlier this week:

  1. American Family Mutual Insurance Company v. Barriga; and
  2. Rooftop Restoration, Inc. v. American Family Mutual Insurance Company.

Both cases address the unreasonable delay or denial of insurance benefits statute in Colorado. This post addresses the Barriga opinion, and the Rooftop Restoration, Inc. will be discussed in the coming days.
Continue Reading Colorado Supreme Court Clarifies Unreasonable Delay or Denial Statute

Recently, the Second District Court of Appeal affirmed the dismissal of a class action against Omega Insurance Company in which the policyholders asserted that Omega improperly required them to pay a deductible when Omega invoked its right to repair the property.
Continue Reading Policyholder Must Pay Deductible When Insurance Company Invokes Right to Repair a Partial Loss

Assignment of benefits is one of the hottest topics in Florida first party property insurance and it’s no secret that insurance carriers are not in favor of AOBs. Some insurance carriers, like Security First Insurance Company, tried to take matters into their own hands and add language into their homeowners, condominium unit owners and “dwelling fire” policies that would require the “insureds, additional insureds and mortgagees” named on a policy to consent to any post-loss assignment of benefits to a third party.
Continue Reading Attempt to Bar Post-Loss Assignment of Benefits Denied

Insurance carriers and policyholders have historically enjoyed the benefits of the appraisal provision included in most property insurance policies. Appraisal tends to be less expensive, time-consuming, and formal compared to traditional litigation. Unfortunately, appraisal is not an option for policyholders in Puerto Rico.
Continue Reading Appraisal in Puerto Rico

We recently received a requested blog topic for the following:

FL Value Policy Law as it would apply with Hurricane Irma. If we have an insured with a Citizens policy with Cov A limit of $200,000 and our repair estimate is $180,000 should the value policy law be applied?

Answer: It depends. (I’m a lawyer, of course this is my answer!)
Continue Reading Florida Valued Policy Law & Hurricane Irma