Ashley Harris

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Alabama Bad Faith: Part 1

I was recently approached by a policyholder inquiring whether he had a viable claim for bad faith under Alabama law. In responding to his inquiry I did quite a bit of research and will share my findings with you now in this two-part blog on Alabama Bad Faith.… Continue Reading

Is Your Claim Too Late in Georgia?

Some losses are not as readily apparent to policyholders as a fire or significant water loss. The policyholder may not discover the damage until days, weeks or months after the loss occurred. This can often be the case for hail losses to roofs. However, when the policyholder gives notice weeks or months after the loss, … Continue Reading

Alabama Statute of Limitations

Last April I became licensed as an attorney in the State of Alabama. When discussing claims with insureds, one of the first questions asked is, “what is the statute of limitations in xxxxx state?” Our blog has not addressed the statute of limitations in Alabama, and below is a quick cheat sheet for Alabama insureds.… Continue Reading

Mechanical Breakdown Insurance

For the commercial policyholder, mechanical breakdown insurance is an important and often vital coverage for its business. Companies are dependent on a variety of machines to manufacture, store, and sell products, as well as communicate with customers. This coverage is necessary for a number of different types of businesses, from wine cellers to large manufacturers.… Continue Reading

Georgia Unfair Claims Handling

I recently received my license to practice law in Georgia and a common question I am asked is whether the insured’s claim is being handled in “good faith” by the insurance carrier and whether an action for unfair claims handling is appropriate.… Continue Reading

The Scope of Appraisal, Part 7: Iowa

The trend continues for courts to interpret the scope of appraisal to include the determination of causation. The Iowa Court of Appeals joins the list of courts stating that the appraisal panel should consider causation in determining the amount of loss. In North Glenn Homeowners Association. v. State Farm Fire & Casualty Company,1 the Court … Continue Reading

Snowmageddon 2014: Are You Covered?

Snowmageddon buried western New York this week with the lake-effect snowfall. Winter storms are the third-largest cause of catastrophic losses in the United States (after hurricanes and tornadoes). The good news for homeowners is that in most cases their claim for snow-related damages will be covered under the standard homeowners insurance policy.… Continue Reading

The Scope of Appraisal Part 6: Indiana

Earlier this month, a federal judge sitting in the Southern District of Indiana examined the scope of the appraisal clause in the property insurance policy. Relying on many of the same cases I have discussed in earlier blogs in this series, the court found that the appraisal panel must consider causation as part of the … Continue Reading

The Scope of Appraisal, Part 5: Kentucky

An important aspect of appraisal is determining what damage was caused by the covered peril and what damage was caused by poor maintenance or construction, wear and tear, or other causes generally excluded in the standard property insurance policy. I believe both advocates for insurance carriers and policyholders can agree that this separation is vital … Continue Reading

The Scope of Appraisal, Part 4: Delaware

What is the proper scope of appraisal in property insurance claims? This is a common question and the answer is quite different depending on who you ask. Over fourteen years ago the District of Delaware analyzed the scope of appraisal and the opinion is still frequently sighted by parties advocating for the determination of causation … Continue Reading

The Scope of Appraisal, Part 3: Georgia

The Supreme Court of Georgia has held that an appraisal clause in an insurance policy can only resolve “a disputed issue of value…it cannot be invoked to resolve broader issues of liability.”1 This probably sounds familiar, because courts across the country generally hold that the “amount of loss” can be appraised, but issues of “coverage” … Continue Reading

Was Superstorm Sandy a “Named Storm?”

Property insurance policies commonly contain a “Named Storm” deductible, which provides for a substantially higher deductible than other causes of loss. For example, the policy in AFP 104 Corp. v. Columbia Casualty Company1 contained a base deductible of $10,000 and a Named Storm deductible of $1 million per occurrence.… Continue Reading

What Happens to Your Property Insurance Claim After Foreclosure in New Jersey?

I previously discussed the increasing number of “for sale” signs along the New Jersey Shore in Recovering Replacement Cost After Selling Unrepaired Property. Unfortunately, many of these homeowners are not able to sell their properties and are forced to default on their mortgages. Lately, a frequent question from insureds is, “what happens to my property … Continue Reading

Wedding Insurance – A Growing Market

With my own wedding only a few months away, it seems all I see online these days are advertisements directed at all things wedding – including wedding insurance. I recently came across an article in USA Today addressing the increase in popularity of wedding insurance, also known as “special event insurance.”… Continue Reading