Corey Harris

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A Follow-Up on Proofs of Loss

When I wrote my first blog on this site in 2009, I discussed proofs of loss at length. Since Hurricane Michael, these blogs have received a lot of traffic and discussion from people trying to navigate their way through the claims process. An issue that keeps coming up is whether a policyholder must comply with … Continue Reading

Business Interruption Will Play Big Role in Rebuilding the U.S. Virgin Islands After Irma

The U.S. Virgin Islands holds a special place in my family’s heart. Nothing makes my wife Ashley and I happier than a sail full of trade winds carrying us to the next secluded cove or rowdy beach bar. While most of the national media focused on Hurricane Irma’s trek toward Florida, it is now clear … Continue Reading

Payment of Overhead and Profit

One common problem that has been arising is when overhead and profit should be paid in response to a property insurance claim. For those not aware, overhead and profit (generally estimated at 20% of the total amount of the estimate) is intended to cover the overhead/operating costs of a general contractor as well as the … Continue Reading

Many Insurers Are Improperly Refusing To Provide Copies Of Recorded Statements and EUO Transcripts

Insurance companies guard claims files more closely than almost anything else. Generally, an insurer claims that the contents of its claim file are protected from disclosure by the work product privilege. While this position has found some support in appellate rulings, many insurers misunderstand these rulings and believe that anything they wish to call part … Continue Reading

BP’s “Cascade of Failures” Began Before the Oil Spill

During the Congressional hearings, Senator Jeff Bingaman, Chairman of the Energy and Natural Resources Committee, said: If this is like other catastrophic failures of technological systems in modern history, whether it was the sinking of the Titanic, Three Mile Island, or the loss of the Challenger, we will likely discover that there was a cascade … Continue Reading

BP Promises To Pay “Legitimate Claims” But Leaves Room For Maneuvering

It appears that BP and others involved in the current oil spill may be taking their cues from insurance carriers. Insurers have always hedged their bets by saying that they would pay “legitimate claims” after disasters such as Hurricane Katrina and the Northridge Earthquake. This is a brilliant public relations strategy. It allows top executives … Continue Reading

Florida Southern District Court Upholds Condominium Association’s Right to Bad Faith Discovery

(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties).  In Florida, discovery in breach of contract actions usually centers around the mystical “claim file” which insurers guard more closely than their first born … Continue Reading