Predictions
Hurricane season is quickly approaching. As Floridians, we are well acquainted with the immense power and destruction these storms can bring. The upcoming Atlantic Hurricane Season runs from June 1 through November 30, 2023.
Continue Reading Preparations for the Upcoming 2023 Hurricane Season
Drip Drop, Drip Drop. Plumbing and pipe leaks are one of life’s nuisances, but what happens when it cannot be determined how long a leak was active?
Continue Reading The Mystery of the Perpetual Plumbing Leak and the Burden of Proof
As the effects vary from state to state, it is important to be aware of what can happen if there is a delay in providing a proof of loss or notice to a carrier in an insurance claim. Some states are more lenient and follow the notice-prejudice rule.1 “The notice-prejudice rule requires that the insurance company can assert late notice as a defense to overage only if the late notice has caused actual prejudice to the insurer.”2 Some states, on the other hand, are much stricter on complying with any deadlines for notice or proof of loss. What can happen in Arkansas if a proof of loss is late?
What can happen if your proof of loss is late or delayed? Can your claim be denied because of a technicality such as this? Different states have different stances on this and in Wisconsin two statues govern this. Wisconsin Statute §§ 631.81 and 632.26 govern notice provisions in Wisconsin insurance policies and set out the rights and duties of the insured and the insurer.
Continue Reading Is a Late Proof of Loss Fatal to A Claim in Wisconsin?
This blog follows my previous two blogs, Can Personnel Files Be Discovered?, and Can Insurance Company Claims Adjuster Personnel Files Be Discovered? Part 2. In my first blog post on this topic, I explained that some courts have held that the information in personnel files is discoverable when it is “clearly relevant” and the information is “not otherwise readily obtainable.” In my second blog, I further explained how some courts have interpreted what is considered “clearly relevant.” In this blog post, I’ll focus on what courts have considered “not otherwise readily obtainable” in this context.
Continue Reading Can Insurance Company Personnel Files Be Discovered? Part 3
This blog follows my previous blog, Can Personnel Files Be Discovered? In my previous blog, I explained that some courts have held that when the information in personnel files is discoverable when it is “clearly relevant” and the information is “not otherwise readily available.”1 To further explore how courts have interpreted this, I’ll focus on what courts have considered being “clearly relevant” in this regard.
Continue Reading Can Insurance Company Claims Adjuster Personnel Files Be Discovered? Part 2
Last month, Anthony Natole, MBA, CPA/CFF, CGMA from Risk Accountants, LLC, gave a presentation on “Hurricane Ian: All About Business Interruption” at the Valuation, Forensic Accounting & Litigation Services Conference presented by the Florida Institute of Certified Public Accountants.1 I had the privilege of being on the accompanying panel for this presentation along with Margaret Krichevets, CEO, MBA, PA of Best Public Adjusters. While listening to the presentation and the questions that followed, I began to think about how important it is to have a general understanding of business interruption coverage and when it comes into play.
Continue Reading A General Overview of Business Interruption Coverage
Have you ever wondered what is in your personnel file at work? If you’ve been employed, a personnel file is something you likely had whether you knew it or not.
Insurance companies always seem to be at the ready with quite a few defenses up their sleeves, including – the technical defense of late notice. The traditional notice rule did not require the insurance company to show there was prejudice, it was simply enough for them to show the notice was untimely. Thankfully, many states now require the insurance company to show that the late notice was actually prejudicial to the investigation of the claim.
What happens if your insurance carrier goes under? Many people never consider this as a possibility, but as more and more insurance carriers go insolvent in Florida, this is becoming a very common reality.
Continue Reading A Brief Overview on Insurance Company Insolvencies and FIGA