J. Ryan Fowler

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When Is My Flood Claim Preempted?

With Hurricane Dorian causing flooding on the east coast as we speak the question, I often get asked is: when can I sue my flood insurer for a violation of state law? Recently the Corpus Christi Division of the Southern District of Texas addressed the question.… Continue Reading

Hurricane Michael Claims Data Update: Part II

The Florida Office of Insurance Regulation recently released updated data on July 26, 2019, from Hurricane Michael.1 A review of the available data shows the damage for the Florida panhandle. Since my prior blog post, the damage in the Florida panhandle from Michael has continued to grow. Over one hundred and forty-eight thousand claims have … Continue Reading

How to File a Complaint with the Arkansas Department of Insurance About Your Delaying, Denying, and Bad Treating Insurance Company

The Arkansas state motto is “Regnat Populus” which means “The People Rule.” With the state motto in mind, Arkansas policyholders can seek assistance with their insurance claims through the Arkansas Department of Insurance at www.insurance.arkansas.gov. When a policyholder has been mistreated by having their claim delayed, denied or handled in bad faith, Arkansas provides an … Continue Reading

Hurricane Michael Claims Data Update

The Florida Office of Insurance Regulation recently released updated data from Hurricane Michael.1 A review of the available data shows the damage for the Florida panhandle. While we all know that Michael did substantial damage in the Florida panhandle the numbers have continued to grow. Over one hundred and twenty-five thousand hurricane claims have been … Continue Reading

Texas Governor Suspends TWIA Rate Increase

The Texas Windstorm Insurance Association (TWIA) Board of Directors voted to increase rates for 2019 by 10% at the July 31st Board Meeting.1 TWIA then reported the proposed rate increase to the Texas Department of Insurance and the Commissioner of Insurance must approve the rate. The rate increase would go into effect for all policies … Continue Reading

Better Early Than Late

I often get asked: “Can I still file a lawsuit against my insurance company for my claim from. . . .” Like all good lawyers my answer is maybe. The reality is that the deadlines to file a lawsuit against an insurance company are controlled by the state law that applies to your claim and … Continue Reading

Hurricane Irma Claims Data Update

The Florida Office of Insurance Regulation recently released updated data from Hurricane Irma.1 A quick review of the data paints an interesting picture. While we all know that Irma did substantial damage in Florida, the sheer size of the numbers is still daunting. Almost one million claims have been reported (997,237) totaling over $10,000,000,000.00 in … Continue Reading

When Is “Too Late” for an Insurance Company to Invoke Appraisal?

I often take calls from potential clients and public adjusters frustrated with an insurance company that has denied, delayed and then underpaid a claim and then ultimately invoked appraisal. Often the insured or public adjuster states that multiple inspections have taken place with substantial correspondence between the parties and the question is, “can the insurance … Continue Reading

When Is a Demand for Appraisal Too Late?

I often hear from insureds that have been negotiating with their insurance company for a period of time when the insurer suddenly demands appraisal. The insureds do not want to go to appraisal and the first question is always, “Can the insurance company do that?” followed by “This claim has been going on for months, … Continue Reading

FEMA Relief for the Houses of Worship that Provide Hurricane Relief?

Hurricane Harvey brought unprecedented flooding and destruction to Texas. Three churches have sued the Federal Emergency Management Agency (FEMA) seeking the ability to be awarded disaster relief grants available to other non-profit entities. In Harvest Family Church v. FEMA, three Texas churches damaged by Harvey are taking on a FEMA policy that does not allow … Continue Reading
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