The Illinois Department of Insurance’s mission is “[t]o protect consumers by providing assistance and information, by efficiently regulating the insurance industry’s market behavior and financial solvency, and by fostering a competitive insurance marketplace.”
Continue Reading How to File A Complaint With The Illinois Department of Insurance About Your Delaying, Denying, and Bad Treating Insurance Company

In my experience, one of the most misinterpreted property insurance policy provisions is the 180-day notice requirement to receive replacement cost benefits. Many in the property insurance industry interpret the provision to require actual repair/replacement within 180 days of the loss. Others interpret the provision to simply require notice within 180 days of the loss of the intent to repair/replace. And, there are those who interpret the requisite 180-day notice to be given only if the insured initially makes claim on an actual cash value basis.
Continue Reading Replacement Cost Coverage and the 180-Day Notice Requirement

“One size fits all” is a phrase used to describe pieces of clothing or accessories designed to fit all people. Over time, it has been used to refer to anything meant to apply in all circumstances.

Obviously, one size cannot fit all people. The same holds true when it comes to “freezing” exclusions in homeowner’s insurance policies. Not every freezing exclusion is the same. Compare the following two freezing exclusions.
Continue Reading Freezing Exclusions: One Size Does Not Fit All

Whether labor can be depreciated in arriving at an actual cash value property loss settlement has been a hot topic of debate over these past five years. A federal district court in Ohio recently weighed in on the issue in ruling on motions to dismiss two putative class action lawsuits, one against State Farm Fire & Casualty Company1 and one against Allstate Indemnity Company.2
Continue Reading Federal District Court Weighs in on Whether Labor Can Be Depreciated in Arriving at an Actual Cash Value Loss Settlement

Last month, I spoke at the First Party Claims Conference in Rhode Island on the topic of the Standard Fire Insurance Policy, which 165-line form provides coverage for direct loss by fire and lightning.1 My presentation presumed that everyone knows what a fire is, myself included. I changed my mind though after reading the Connecticut federal district court’s recent opinion in National Liability & Fire Insurance Company v. Jablonowski.2
Continue Reading What Is A Fire?

The typical vacancy provision in a homeowners property insurance policy is patterned after the Insurance Services Office (ISO) Homeowners 3-Special Form (HO-3 form)1 and excludes coverage for damage caused by vandalism if the dwelling has been vacant for more than 60 consecutive days before the damage occurs.2
Continue Reading What Constitutes a Dwelling or Building Under Construction or Renovation For Purposes of a Vacancy Exclusion?

Most property insurance policies provide additional coverage for direct physical loss of or damage to covered property caused by or resulting from an “abrupt collapse.”1 In Hoban v. Nova Casualty Company,2 a California federal district court recently addressed the meaning of the phrase “abrupt collapse,” which the commercial insurance policy at issue defined as “an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose.”3
Continue Reading What Constitutes an “Abrupt Collapse”?

My article published in Adjusting Today,1 Property Insurance 101: Everything You Always Wanted to Know About Examinations Under Oath – But Were Afraid to Ask!, was the subject of my blog post last month. As discussed in the article, an examination under oath (“EUO”) is not just another deposition. An insured’s counsel must be well-versed on the nature and the extent of the contractual duty to submit to an EUO and the consequence of non-compliance.
Continue Reading Examinations Under Oath: Be Careful What You Ask For