Whether an insured can access an insurer’s claim file has often been addressed by Florida courts. Recently, a Florida appellate court followed other courts’ rulings in holding that an insured cannot obtain its insurer’s claim file.
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Marie Laur
Water Loss Resulting From Pipe Failure Not Excluded by Policy Language
By Marie Laur on
Posted in Court Opinion, Insurance
The Eleventh Circuit Court of Appeals recently ruled that a policy’s exclusionary language did not apply to an insured’s previously denied water loss.
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Date of Loss Uncertainty Could Lead to a Motion to Dismiss Denial
By Marie Laur on
Posted in Insurance
Uncertainty regarding a date of loss could lead to a court’s denial of a defendant insurance company’s motion to dismiss. The court in ID Ventures, LLC v. Chubb Custom Insurance Company,1 addressed this issue.
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No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
By Marie Laur on
Posted in Insurance
A Maryland court recently ruled there was no insurance coverage available to an insured for a loss to her property that was not her primary residence.
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Ambiguous Punctuation Can Lead to Insurance Coverage Following a Loss
By Marie Laur on
Posted in Insurance
A court in Georgia found coverage for a loss based on the presence of a semicolon. In the case Lee v. Mercury Insurance Company,1 the court found coverage for a home destroyed by fire based on the potential ambiguity created by a semicolon.
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I have a Lender-Placed Insurance Policy; What Happens to My Homeowners’ Insurance Claim?
By Marie Laur on
Posted in Insurance Claim
Some homeowners may have lender-placed insurance policies, also known as “creditor-placed” or “forced-placed policies.” These policies occur when there is an insurance policy placed by a bank or mortgage company on a home when the homeowners’ insurance policy may have lapsed or is deemed insufficient by the bank. Under these lender-placed insurance policies, the bank or mortgage company is the named policyholder and insured. This poses a problem when a loss occurs on the property and the homeowner reports a claim to his or her insurance company.
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My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?
By Marie Laur on
Many property insurance policies have a provision that states something similar to the following: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days.” Insureds may find their claims for water loss under their homeowners’ policy denied on the grounds that the leak was present for a period of two weeks or more. However, Florida courts have ruled that the first thirteen days of damage may be covered, due to ambiguity in the language of the policy.
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What Should I Do After I File a Claim Under my Renters Insurance?
By Marie Laur on
Posted in Insurance Claim
As a renter, you may be unsure of what steps to take after you have suffered a loss to your apartment, rental home, and/or belongings. If you have a renters insurance policy, the following steps should be taken when reporting a claim to your insurance company.
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Why Has My Claim Been Transferred to the SIU?
By Marie Laur on
Posted in Insurance
All insurance companies have a Special Investigative Unit [SIU] that handles elevated claims. Policyholders may be informed by the claims adjuster that their claim has been transferred to the SIU, leaving the insured confused and perhaps apprehensive. So, what does it mean when a claim has been transferred to the SIU?
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Denied Homeowners Insurance or Have a High Premium? This Might Be Why
By Marie Laur on
Posted in Home Owner's Insurance, Insurance
One of the first steps in buying a new home is obtaining homeowners insurance. Lenders will not close on a home unless it is insured. Unfortunately, homeowners sometimes discover that their new home does not qualify for standard insurance, despite having passed home inspections. While each insurance company has its own underwriting standards and procedures, below are some things that may make obtaining insurance more difficult or expensive:…
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