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For a crash course in right to repair issues, one need only perform a brief search of cases involving People’s Trust Insurance Company (“People’s Trust”). When it comes to policies issued by People’s Trust, there seems to be only one thing that people can trust—a Preferred Contractor Endorsement will be included in exchange for a “premium discount.” For various reasons, the Preferred Contractor Endorsement issued by People’s Trust has been labeled a “trap for many homeowners” (see Beaujeaux de Lapouyade’s blog post, Declaratory Judgment Action May Be Forthcoming If An Insurer Invokes Its Right To Repair). In fact, I challenge Florida homeowners to ask their insurance agent to procure a People’s Trust policy that does not have the Preferred Contractor Endorsement—do not be surprised if your agent cannot find such a policy.
Continue Reading Right to Repair: How People’s Trust Insurance Company’s Preferred Contractor Endorsement Leaves Policyholders Over a Barrel

What are additional living expenses?

Additional living expenses are typically included as a coverage in homeowner property insurance policies under “Loss of Use.” In a recent blog post, Is Your Insurance Company Threatening to Prematurely Terminate Loss of Use Benefits, Merlin Law Group attorney Dan Veroff discussed Loss of Use benefits and what carriers are doing to curtail those benefits prematurely. As stated in that blog post, Loss of Use benefits are intended to cover the cost of temporary placement when the insured premises suffers a covered loss that renders it unusable until repaired.
Continue Reading Additional Living Expenses: What Does Your Policy Cover and For How Long?

Thanksgiving is a time for food, family, and friends. Unfortunately, it can also be a time of fires, home robberies, or even food poisoning. While there is no such thing as “Thanksgiving Insurance,” there is homeowners and renter’s insurance! Unlike Halloween, holiday insurance claims tend to be caused by the homeowners themselves. So, before you head out to buy your turkey, take a minute to review your homeowners insurance policy to make sure you are covered from some of the most common Thanksgiving Turkey Day Terrors.
Continue Reading Does your home insurance policy cover Turkey Day Terrors?

Exclusion provisions in a policy work to limit the range of coverage by restricting certain events or losses; often serving as a basis to deny a claim. Nevada case law has long held the burden is on the insured to prove a claim falls within the scope of coverage, and the insurer bears the burden to prove the applicability of an exclusion. However, for the first time the Supreme Court for the State of Nevada was faced with the question of who bears the burden to prove an exception to a policy’s exclusion provision, essentially restoring coverage.1…
Continue Reading Nevada Insureds Bear Burden of Proving Exceptions to Exclusion Provisions

Introduction: The Texas Department of Insurance (“TDI”) has adopted rules amending the Consumer Bill of Rights for personal automobile and homeowners’ insurance.1 See 28 TAC §5.9971(b). Insurers must begin providing the new Bill of Rights to insureds by November 15, 2021. The Bill of Rights is a summary of a policyholder’s rights and is not a part of a policyholder’s policy. Additionally, Texas Senate Bill 1376 has been enacted to exempt 18 kinds of commercial insurance policies from rate and form filing requirements. This new legislation applies on or after September 1, 2021, to policies delivered, issued for delivery, or renewed. In addition, Texas Senate Bill 965 amends rate filing requirements for residential property and personal automobile insurers with low market shares and applies on or after to January 1, 2022, to delivered, issued or renewed policies.
Continue Reading Texas Amended Consumer/Homeowners Bill of Rights and Other Recent Legislation