Charles Mathis

Subscribe to all posts by Charles Mathis

Supreme Court of Pennsylvania Upholds Bad Faith Standards But Does Not Require a Showing of Malicious Intent

In Pennsylvania, 42 Pa.C.S. § 8371 permits an insured to recover punitive damages, court costs, attorney’s fees and interest, on claims where an insurer has acted in bad faith. On September 28, 2017, the Supreme Court of Pennsylvania issued a ruling1 upholding the current bad faith standards and specifically noting that an insured does not … Continue Reading

Assignment of Benefits, Part 2: Maryland

I launched a new blog series last week that will provide our readers with the law in each state concerning Assignments of Benefits (“AOBs”) and their validity and applicability. In response to my first post, I received a request from a reader as to Maryland, so in this post we’re going to look at AOBs in … Continue Reading

Assignment of Benefits, Part 1: New Jersey

I am often asked whether an Assignment of Benefits (“AOB”) is valid in [insert state here] under a property insurance policy. The purpose of this blog series will be to provide readers with an answer to the question on a state-by-state basis. As New Jersey is my home-state, it’s up first.… Continue Reading

Allstate Voids Policy and is Awarded Damages Due to Policyholder Misrepresentations

On November 22, 2016, Judge Berle M. Schiller from the District Court for the Eastern District of Pennsylvania issued his Opinion and Order in Payne v. Allstate Insurance Company, granting summary judgment to Allstate and awarding them $25,000 in damages, after finding that the Plaintiff made material misrepresentations while securing the homeowners policy.… Continue Reading

Public Adjusters and Attorneys Will No Longer Be Included on FEMA Flood Claim Payment Checks

On October 14, 2016, the Federal Emergency Management Agency (FEMA) released Write Your Own (WYO) Bulletin W-16078 entitled, Inclusion of Law Firms on Checks Arising Out of NFIP Claims. The bulletin addressed who can be included as a payee on checks for flood claim payments—and they will no longer include public adjusters or attorneys.… Continue Reading

FEMA Lays Out Guidelines for Obtaining Advance Payments After Hurricane Matthew

On Monday, October 10, 2016, the Federal Emergency Management Agency (FEMA) released Bulletin W-10673, entitled Advanced Payments Under Standard Flood Insurance Policies (SFIP) for Hurricane Matthew, which outlines a number of options for SFIP holders to obtain advance payments after flood and storm surge damage resulting from Hurricane Matthew.… Continue Reading

Mudslide Did Not Cause Building to Explode

Back in May of 2014, I wrote a blog post entitled: Stranger Than Fiction: Property Insurance Policies Do Not Cover…Exploding Corpses!!?! Today, I write on a more recent case out of Colorado.1 What do they have in common, you ask? Both cases deal with creative ways lawyers try to argue the losses at issue were … Continue Reading
LexBlog