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,

With appraisal becoming more popular in first-party insurance cases, I often get asked: When is the appraisal completed? As most answers for a first party insurance case – it depends on the policy. Recently a Federal District Court in Florida was asked to determine which of two apprasial awards was final and enforceable.1
Continue Reading After an Appraisal Award is Signed, Can One Side Unilaterally Change It?

I often get calls from potential clients that have filed a claim with their insurance and have been enraged by an insurance agent or adjuster assigned on the claim. Many potential clients say something like “I just wanted to get the claim settled but the adjuster was acting in bad faith and just wouldn’t listen.” Most states have some case law or consumer protection laws that apply to an insurance company, but not all apply to the insurance personnel you deal with. The Supreme Court of Washington will soon decide this issue for members of the Evergreen State.
Continue Reading Is an Adjuster Independently Liable for Bad Faith Conduct?

I am often asked questions about how a detached apartment/game room/pool house/guest house is covered under a homeowner’s policy. The answer is dependent on the policy language, the case law in the jurisdiction of the claim, and the specifics of the structure.
Continue Reading Is a “Bonus Room” on Top of a Detached Garage Covered Under my Dwelling Coverage?

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 filed (125,356) totaling estimated insured losses at over three billion dollars ($3,430,014,424).
Continue Reading Hurricane Michael Claims Data Update

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 issued or renewed in 2019.
Continue Reading Texas Governor Suspends TWIA Rate Increase

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 the facts of your individual case.
Continue Reading Better Early Than Late

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 estimated damage. These are the numbers self-reported from insurers.
Continue Reading Hurricane Irma Claims Data Update

In a recent decision from a United States District Court, the trial court had to decide whether the insured was owed statutory interest and attorneys’ fees even though the insured did not properly plead for the interest or fees. In Agredano v. State Farm Lloyds, the insured prevailed on their breach of contract claim.1 After the trial, the court had to decide if the insured was allowed to recover statutory interest and attorneys’ fees.
Continue Reading Interest and Attorneys’ Fees? – Saved by the Federal Rules of Civil Procedure