Nebraska appraisals are virtually non-existent. The Supreme Court of Nebraska equated an appraisal clause to an arbitration clause, as both serve to “oust” courts of their jurisdiction, and therefore unenforceable.1… Continue Reading
David Stearnett, who is the Flood Insurance Advocate for the National Flood Insurance Program, and Sha Ron James, Florida’s Insurance Consumer Advocate, should be congratulated for hosting a free webinar on July 25: Guiding and Educating Insurance Professionals and Consumers about Flood Insurance Needs During a Catastrophe.… Continue Reading
Denied water damage claims are one of the more frequently handled claims by our law firm. The cost to repair these claims can be quite high depending on many factors including the length of time the water leaked, the length of the leak, the nature of the water, and the location of the water leak … Continue Reading
One certain way FEMA and National Flood Administrators get out of paying otherwise valid flood insurance claims is to require strict and timely requirements. Citing an internally generated and fraudulent 99% closure statistic, the National Flood Program denied a request to extend the timeline for filing Proofs of Loss for Hurricane Harvey, Irma, and Maria … Continue Reading
Bill Wilson is paramount educator of Insurance. His latest book, When Words Collide: Resolving Insurance Coverage and Claims Disputes, is an excellent resource all insurance claims experts and professionals should have in their library. I thought so much of it I have ordered the book for each Merlin Law Group attorney.… Continue Reading
One of the most offensive examples of insurance company claims managers losing their ethical way is when they demand that their insureds risk life and limb to immediately investigate their roofs after a hail storm. Most insurance policies require “prompt notice” of loss. But, does the insurance company ever warn its customers they must risk … Continue Reading
Claim assignments post loss are generally valid despite policy language preventing the same. This is true even if the amount of the claim owed is disputed.1… Continue Reading
Many state statutes and condominium bylaws require the purchase of reasonably available property insurance which covers all direct physical risks of loss on an extended and replacement cost basis. One issue I have heard associations and their insurance agents ask: “Is flood insurance reasonably available” so that it has to be insured.… Continue Reading
The Iowa Supreme Court determined that “appraisers may determine the factual cause of damage to insured property to ascertain the amount of loss,” in Walnut Creek Townhome Association vs Depositors Insurance Company.1 I am proud that Ashley Smith (nka Ashley Harris) was cited by the court for her analysis of the issue.… Continue Reading
The Texas Department of Insurance and Texas Insurance Commissioner issued two Consent Orders against contractors for the Unauthorized Practice of Public Adjusting.… Continue Reading
Overhead and Profit can generate a lot of debate when insurance company adjusters are looking to meet their adjustment severity goals and lower claims payments. But have you ever wondered how those same insurers instruct their sales people to calculate overhead and profit when they are calculating the premiums that they charge their customers for … Continue Reading
A question posed during the Georgia Association of Public Insurance Adjusters (GAPIA) Conference was: Who pays for the cost of the construction workers safety equipment?… Continue Reading
American politics and government can make people extraordinarily upset. The very nature of democracy, modern regulation, those being regulated and those regulating promotes active and emotional disagreements of what is the best public policy and how it should be determined. So, my first observation from yesterday’s post, Colorado House Bill 18-1153 Concerning Appraisals for Insurance … Continue Reading
Proof of loss rules are not what I normally think about Kentucky. Kentucky usually makes me think of beautiful rolling hills, great basketball, fast horses and the Kentucky Derby. But, we recently had some questions about proof of loss in Kentucky and thought we would share our findings.… Continue Reading
An older retired Florida Circuit Court judge once told me that his first job out of law school was in the claims department of an insurance company. He told me that all the company’s “adjusters” were licensed attorneys and that it was common for attorneys to act in that capacity during the 1930’s.… Continue Reading
Sean Shaw is a practicing attorney resolving legal issues for people and it is only fitting that he is running to become Florida’s Attorney General. Do you want an honest person that sees both sides of the aisle, wants to seek practical resolutions, and still rise up against obvious wrong? Sean Shaw is your candidate.… Continue Reading
This morning’s post by Jennifer Van Voorhis about California mudslides and mudflows made me think, “we’ve written about mudflow and mudslide issues before.” So, I did something that I suggest others do when researching topics on the Merlin Property Insurance Coverage Law blog—use the search function on the upper right side of the blog to … Continue Reading
An insurance agent asked the following question relating to the ability of public adjusters to advise policyholders about the types of insurance coverage policyholders should purchase:… Continue Reading
In 1981, Sandy Burnette ordered for me my first Tanqueray and tonic at the University Club in Tampa. I was 22 years old and a clerk for Paul Butler. Sandy Burnette was a legal God to arson investigators and a new associate attorney to Butler’s property insurance firm, which numbered less than five attorneys. Paul … Continue Reading
The Virgin Islands are beautiful. The Virgin Islands insurance scenario is pretty ugly right now. One question that has been posed to us several times since Hurricane Irma and Maria struck is whether venue clauses requiring suit to be filed somewhere other than the Virgin Islands are valid.… Continue Reading
Being President of Merlin Law Group is very humbling. The above photo shows three great property insurance attorneys, Mike Duffy, Christina Phillips, and Ed Eshoo; I defy anybody to say there are better in the Midwest.… Continue Reading
Fires, and especially the recent California wildfires, are going to raise questions related to the long-term impact of fire, smoke, and the effects of smoke particulates on electrical gadgets, computers, and apparatus. We live in a day when computers and small computer chips are in virtually everything electrical or mechanical. It is an obvious question … Continue Reading
