The reasonable expectations doctrine could be outcome determinative in coverage disputes in the Tar Heel State. Two doctrines courts often consider when analyzing policy interpretation are the doctrines of (1) contra proferentem and (2) the insured’s “reasonable expectations.” North Carolina state courts embrace the doctrine of contra proferentem while its adoption of the reasonable expectations … Continue Reading
My primary role as an attorney at Merlin Law Group is to represent the best interests of policyholders and get all benefits owed following a loss. But, I call it like I see it when approached with debatable inquiries from contractors and restoration companies.… Continue Reading
Prompt-pay laws are important to a policyholder’s rights to recover insurance benefits following a wrongful denial or delay in payment of a property damage claim. Prompt-pay laws vary from state to state. The implementation of statutory prompt-pay laws is critical to a policyholder’s recovery following a devastating loss.… Continue Reading
“The Department of Insurance was created to protect the insurance consumers, public interest, and insurance marketplace by ensuring the solvency of insurers, enforcing and implementing the insurance laws of the state, and regulating the insurance industry in an efficient, courteous, responsive, fair, and equitable manner.” —The South Carolina Department of Insurance Mission Statement… Continue Reading
Michigan policyholders are entitled to timely payment of property insurance benefits. Many insurers take extraordinary measures to delay, deny, and underpay claims leaving policyholders in vulnerable positions. An insurance company’s statutory responsibility to pay interest on delayed claim payments incentivizes insurers to promptly settle viable property insurance claims.… Continue Reading
Fees may not be recoverable under a condominium association policy to an insured condominium association or its property management company after a loss. The Board should carefully consider fee percentages agreed upon in a management agreement to assist the association through a property insurance claim.… Continue Reading
In two recent blog posts, I discussed Florida statutory interest which imposes a statutory duty on insurance carriers to pay interest on delayed payment of insurance proceeds.1 If you missed either blog post, then you find them here: I Reported My Claim Eight Months Ago! Am I Entitled to Interest Upon Resolution? Florida Statutory Interest: … Continue Reading
Possibly. Many policies exclude or limit coverage for interior water damage unless there is evidence of a wind-created opening in the roof, outside wall, door or window where rain entered the home or business. I often see carriers deny coverage in a manner similar to the below scenario:… Continue Reading
At Merlin Law Group, we want policyholders to have the tools necessary to maximize recovery following a loss. Understanding when policyholders are entitled to statutory interest and knowing how to calculate it is a small trick of the trade in the property insurance industry.… Continue Reading
Florence battered the Carolina Coast with 90mph winds when it made landfall near Wilmington, North Carolina on September 14, 2018. Florence downgraded to a tropical storm Friday evening and is now crawling across South Carolina at a drastically slow rate of approximately 5mph. The Carolinas are now facing the devastating effects of catastrophic storm surge, … Continue Reading
This blog follows a telephone conversation I had with an insurance carrier representative who disputed the policyholder’s entitlement to interest under Florida Statute § 627.70131(5)(a).… Continue Reading
In Write Your Own (WYO) Bulletin W-18009, FEMA recently clarified Bulletin W-14058. Bulletin W-14058 addresses the Loss Settlement Provision of the Standard Flood Insurance Policy (SFIP).… Continue Reading
We’ll let the jury decide. Policyholders must meet post-loss obligations under their property insurance policy prior to receiving coverage for a loss. A common condition precedent requires policyholders to provide prompt notice of the loss to their carrier. The carrier must be able to conduct a reasonable investigation of the property conditions as close to … Continue Reading
Hurricane Harvey flooding affected Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series discusses the differences in property ownership rights and two separate avenues to recovery.… Continue Reading
Hurricane Harvey flooding impacted Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series outlines the differences in the rights of these property owners and the different avenues to recovery. My previous post was Hurricane Harvey … Continue Reading
The Hurricane Harvey floods in Texas impacted property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance all together. The different avenues of recovery and the rights of the different property owners are important issues to understand.… Continue Reading
The saying goes like this, “Say what you mean, and mean what you say.” We all know the business of contract construction is no easy task. But underwriters should go the extra mile to ensure a property insurance policy reads as the carrier intends or steep consequences may ensue. Something as minor as a misplaced … Continue Reading
