Kathryn Ray

Subscribe to Kathryn Ray's Posts

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

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.…

Continue Reading Late Notice in Mississippi

Mississippi unfair claims practice law and bad faith actions are unique. Following Hurricane Katrina, I took the Mississippi Bar and represented hundreds of Mississippi businesses and residents with insurance disputes arising from Hurricane Katina. I was honored to represent the grandparents of my co-author in this blog post. As a kid, I lived for three years in Waveland, Mississippi. Merlin Law Group is still being retained on property insurance disputes in Mississippi. Since her interest in property insurance law started with our firm’s work in Mississippi, I look forward to working with Kathryn on those cases after she gets the results from her bar examination.
Continue Reading Understanding Mississippi Unfair Claims Practice and Bad Faith Cases Based on Delay

(Note: This guest blog is by Kathryn Ray, a Summer Law Clerk in our Tampa office)

When sustaining property or casualty damage and after filing a claim with an insurance company, the insurance company may then request a proof of loss. A proof of loss is defined as “a policyholder’s statement of the amount of money being requested, signed to and sworn to by the policyholder with documentation to support the amount being requested.”1 In New York, if an insurance company gives the insured a written notice, after a loss, requesting a proof of loss the insured shall then have 60 days after receiving this notice to comply with the insurance company’s request.2 This compliance period to provide the insurance company with a proof of loss may also be longer than 60 days if the insurer specifies so in their written notice.3…
Continue Reading Misrepresentations and Proofs of Loss in New York