Iris Kuhn

Subscribe to all posts by Iris Kuhn

Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?

Business Interruption coverage protects the potential earnings of the insured business while its operations are suspended as a result of damage caused by a covered peril. The period of restoration has a direct effect on the actual loss suffered. A typical definition in most ISO forms of the “period of restoration” is:… Continue Reading

How to File A Complaint With The U.S. Virgin Islands Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

The Office of the Lieutenant Governor Division of Banking, Insurance and Financial Regulation has a dual responsibility of regulating the insurance industry and protecting consumer interest in the U.S. Virgin Islands. As of January 30, 2018, the most recent data on insurance claims provided by the Division of Banking, Insurance and Financial Regulation (“Division”) indicated … Continue Reading

Can An Insurer Waive Its Right to Appraisal?

The purpose of Section 627.7015, Florida Statutes titled “Alternative procedure for resolution of disputed property insurance claims” is to encourage insurance companies and policyholders to resolve their disagreements regarding disputed property insurance claims without the necessity of litigation or appraisal. The statute requires, in part: (2) At the time a first-party claim within the scope … Continue Reading

In Florida, There Are Penalties For An Insurance Company That Does Not Timely Issue Payment After A Settlement

An overwhelming number of claims are settled on a mutual understanding with respect to the covered loss and the amount necessary to indemnify the policyholder. The question is then: What can a policyholder do if the insurance company is taking an unreasonable amount of time to tender settlement payment. Florida law remains focused on strong … Continue Reading

Period of Restoration – Should the time to adjust the claim be considered? Part II

The effort to mitigate the damage, gather supporting documents, and present an insurance claim, can for many policyholders prove to be the toughest part of the recovery process. After suffering a loss or business interruption, the main priority of most business owners is restoring their businesses or premises as soon as possible – not preparing … Continue Reading

Period of Restoration – Valuing Business Interruption Claims, Part I

Business interruption coverage is very valuable to many policyholders in the wake of Hurricane Michael. Florida business owners may seek coverage under their commercial insurance policies for business interruption, which indemnifies them for lost earnings and expenses if their businesses are partially or totally interrupted as a result of Hurricane Michael. Business interruption coverage is … Continue Reading

Hurricane Michael May Trigger Civil Authority Coverage For Businesses In Florida Panhandle

As the Category 4 Hurricane Michael approached Florida, many areas evacuated in preparation for the storm. During a catastrophic event, such as Hurricane Michael, governmental authorities often order evacuation and prohibit access to certain areas due to public safety. The evacuation orders in Florida forced many businesses to shut down their operations until further notice. … Continue Reading

How Long Does It Take For An Insurance Company To Pay Out A Property Insurance Claim In Florida?

September 10, 2018, marked the one-year anniversary of the landfall of Hurricane Irma in Florida. According to the National Oceanic and Atmospheric Administration, the estimate of the damage caused by Hurricane Irma is $50,000,000,000.1 Well over a year since its devastation across the state, Floridians remain resilient and committed to rebuild their lives.… Continue Reading

Social Engineering Schemes – Is There Coverage for Computer Fraud Involving the Company’s Email System?

Various courts across the country have reached mixed decisions for insurance coverage disputes involving insureds who fell victims of social engineering crimes. The court’s ruling in Medidata Solutions Inc. v. Federal Insurance Company,1 finding coverage for the insured who was spoofed by e-mail fraudsters was previously discussed by my colleague, Verne Pedro. As Verne pointed … Continue Reading

Small Business Manufacturers Should Purchase Equipment Breakdown Coverage

Chip Merlin, Ashley Harris and I settled an Equipment Breakdown Coverage (aka Mechanical Breakdown Coverage) lawsuit in New Jersey yesterday. Chip Merlin took this picture of Ashley and me after the settlement. While the settlement is confidential, there are a number of lessons to be learned and reasons why this coverage is so important to … Continue Reading

Hurricane Irma and Actual Cash Value in Florida

Florida’s Third District of Appeal recently confirmed that insurance carriers are initially obligated to pay the true amount of the actual cash value (“ACV”), not just the insurance company’s estimate of the ACV.1 This obligation exists regardless of whether policyholders intend to use the money to make repairs to their home. The court also confirmed … Continue Reading
LexBlog