Kesha Hodge

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It took my carrier almost a year to make their coverage determination, and now I am being told that the one-year limitations period under the policy ends in a few days. Is that right?

Most insurance policies contain a contractual provision that sets forth the time frame in which the insured must commence suit should a dispute arise concerning the policy. In many instances, these limitation provisions provide that the insured must file suit no later than one year after the date of the loss.… Continue Reading

Can Post-Loss Benefits be Assigned to a Mitigation/Restoration Vendor if the Policy Contains an Anti-Assignment Provision? Can the Vendor then Sue the Insurance Company?

The Arizona Court of Appeals in a recent opinion said, Yes to both. In Farmers Insurance Exchange v. Udall,1 four homeowners insured by Farmers Insurance Exchange (“Farmers”) sustained separate losses, which required water damage mitigation and restoration services. The homeowners hired a vendor to perform the mitigation and restoration services. In each case, the insureds … Continue Reading

Post-Loss List Created Solely From Memory Can Satisfy the Insured’s Duty to Furnish an Inventory

When personal contents or business personal property are damaged or lost in a covered event, most policies require the policyholder to provide an inventory of the damaged or lost items to the carrier. But often, the carrier and the policyholder clash on the level of specificity required and whether the policyholder has submitted adequate proof … Continue Reading

Replacement is Not Always a Prerequisite for an Insured to Claim Replacement Cost Benefits

Replacement cost insurance generally allows recovery for the actual value of property at the time of loss, without deduction for deterioration, obsolescence, and similar depreciation of the property’s value. Depending on the circumstances, the difference between the actual cash value and the replacement cost value of a loss can be significant.… Continue Reading

Additional Review Required of All Virgin Island Hurricane-Related Claims Where Property Determined to be Underinsured

It has been five months since Hurricanes Irma and Maria wreaked widespread havoc on the U.S. Virgin Islands. The Category 5 hurricanes damaged buildings of all shapes and types – residences, businesses, places of worship, warehouses and commercial buildings. Those with insurance coverage filed claims, presumably expecting prompt and fair responses from their insurance companies. … Continue Reading

FEMA Registration Deadline Extended Until January 8, 2018, for US Virgin Islands

Residents of the U.S. Virgin Islands affected by hurricanes Irma and Maria now have through January 8, 2018, to register with the Federal Emergency Management Agency (FEMA).1 Registration is required if survivors intend to apply for federal disaster benefits, such as low-interest Small Business Administration disaster loans and/or FEMA grants for rental assistance, home repairs, … Continue Reading

Recent Bulletins from the Virgin Islands Division of Banking, Insurance and Financial Regulation

The Virgin Islands Division of Banking, Insurance and Financial Regulation recently issued two bulletins.1 The first, Bulletin 2017-07, required property and casualty insurers, effective January 15, 2018, to maintain and submit to the Commissioner with its new or renewal application, a copy of its Catastrophe Response Plan for the benefit of its policyholders in the … Continue Reading

Insurance Bad Faith in the Virgin Islands

In the aftermath of Hurricanes Irma and Maria, the two-catastrophic category five hurricanes that struck the U.S.V.I. in the space of twelve days, many residents are still in survival mode as they deal with the lingering psychological and physical damage. As the resilient Virgin Islanders continue to rebuild, the next ordeal for those affected will … Continue Reading

Arizona Insurers Reminded to Provide Timely and Specific Notice of Coverage Changes

Last week, the Arizona Department of Insurance issued the first Regulatory Bulletin of 2017.1 The Bulletin reminded property insurance carriers that, pursuant to A.R.S. § 20-1677, they must provide their policyholders with written notice of premium increase, changes in deductible or reduction in limits or substantial reduction in coverage at least thirty days before the … Continue Reading

Be Sure to Tell Your Carrier the Reason Why Your Witness is Significant to Their Investigation

It is well established in Arizona that an insurance “carrier has an obligation to immediately conduct an adequate investigation, act reasonably in evaluating the claim, and act promptly in paying a legitimate claim.”1 The Arizona Unfair Claims Settlement Practices Act likewise provides that a carrier shall not “[r]efuse to pay claims without conducting a reasonable … Continue Reading
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