Deborah Trotter

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NFIP’S Horseshoe Option

When a National Flood Insurance Program (“NFIP”) insured is not satisfied with the payment for flood-related losses, the NFIP insured is directed to three options:1 The NFIP insured may file an appeal with the Federal Emergency Management Agency (“FEMA”) within 60 days of the NFIP insurer’s written denial or partial denial of the requested claim … Continue Reading

Are Property Insurance Appraisers Regulated? – A Reminder of Recently Enacted HB 911 for Those Heading to Florida to Assist with Hurricane Michael

House Bill 911, effective January 1, 2018, was filed by Representative Sean Shaw and enacted by the Florida Legislature to amend Fla. Stat. § 626.854, which protects policyholders through the regulation of public adjusters. Chip Merlin discussed this new law in detail in his post on July 2, 2017. In requiring public adjusters to be … Continue Reading

An AOB? Can we do that? – Assignment of Benefits in North Carolina

The widespread devastation of Hurricane Florence brought to a recent discussion the question of whether assignment of benefits contracts for property insurance proceeds are enforceable in North Carolina. This is a great question. In a general setting, vendors, services providers and contractors begin their work with a down payment and receive additional payments as work … Continue Reading

Mississippi is “Moving Slow as Molasses in January”

On August 17, 2018, the 49th anniversary of Hurricane Camille, the benchmark in Mississippi for devastation and survivability prior to the impact of Hurricane Katrina in 2005, the Mississippi Insurance Department (“MID”) filed its adoption of Rule 34.11 to amend the Mississippi Homeowner Insurance Policyholder Bill of Rights (“Policyholder Bill of Rights”) to include an … Continue Reading

Roads to Exhaustion

Since Superstorm Sandy, many of our New Jersey condominium associations clients and others are working closely with their brokers these days to review the terms of attachment for their excess insurance coverage policies. The current trend we see in the trigger language for excess insurance policies is designed to circumvent the established majority rule1 first … Continue Reading

The Voluntary Payment Doctrine: No Takebacks!

The principle that once you give something, you can’t ask for it back has been deeply ingrained since childhood. It is born from the idea that when you give, you give freely and without obligation. Like many playground rules, the principle has worked its way into law. The Voluntary Payment Doctrine (VPD) made its first … Continue Reading

When Words Allide, Plain Meaning Wins

Navigating the Mighty Mississippi and the English language have quite a bit in common. Sometimes it takes a lot of skill and creativity to get where you want to go. Due to a recent dispute in Continental Insurance Co. v. L&L Marine Transportation, Inc.,1 regarding the meaning of the undefined policy term “tow” and the … Continue Reading

Flood Related Deadlines Nearing for Louisiana 2016 Mid-Summer Severe Storms: Proof of Loss Deadline v. Lawsuit Deadline

Beginning on August 9, 2016 and lasting through August 31, 2016, numerous parishes in Southeast Louisiana1 experienced prolonged, torrential rainfall and flooding. By the end of the days-long Great Flood event of 2016, several states were included in disaster declarations due to the same weather system. Though flooding to this extent is usually associated with … Continue Reading
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