Shane Smith

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Recovery of Consequential Damages after Foreclosure

Depending on the jurisdiction, one element of an insured’s damages in a first-party property insurance claim may include consequential damages. Consequential damages are an indirect result of a direct loss.1 Lost profit, lost rents, and lost business opportunities are examples of consequential damages that could be incurred as a result of a direct physical loss … Continue Reading

How To File A Complaint With The New Hampshire Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

The New Hampshire Insurance Department was established in 1851, the first insurance regulatory agency in the United States.1 The Consumer Services Division (“CSD”) of the New Hampshire Insurance Department enforces the insurance laws and rules of New Hampshire. The CSD acts as an intermediary to help resolve problems between consumers and department licensees, which include … Continue Reading

Cancellation of Property Insurance Policies in Florida after Hurricane Michael

After Hurricane Michael, on October 15, 2018, Florida Insurance Commissioner David Altmaier issued an Emergency Order No. 234790-18-EO, that affected insurers writing insurance in the following counties affected by Hurricane Michael: Bay, Calhoun, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Suwannee, Taylor, Wakulla, and Washington Counties.… Continue Reading

Repairing Hurricane Florence Flood Damage to Golf Courses

In addition to the beautiful beaches, one of the things for which Myrtle Beach, South Carolina, is well-known is its golf courses. Because there is a year-round temperate climate, and Myrtle Beach has courses designed by world-famous architects, including Arnold Palmer, Jack Nicklaus, Robert Trent Jones, and Greg Norman, it is many golfers’ favorite golf … Continue Reading

Insurance Department Guidance on Application of Named Storm / Hurricane Deductibles

Louisiana’s Department of Insurance, through its Commissioner, James J. Donelon, issued an Advisory Letter No. 2018-01 on June 18, 2018, to inform all property and casualty insurers how the separate named storm deductibles or hurricane deductibles are to be interpreted and applied to claims resulting from a subtropical storm named by the National Hurricane Center … Continue Reading

Matching in Ohio

There must be a lot of matching disputes out there because I have received two questions this week alone on matching issues in various jurisdictions. So, for today’s blog I will discuss matching in Ohio—The Buckeye State.… Continue Reading

FEMA Implements Enhancements to NFIP Claims Process

In a June 7, 2018, FEMA bulletin, W-18013, FEMA discusses several claims process enhancements and claims handling reminders that apply to all claims with a date of loss of June 7, 2018 through December 31, 2018. The enhancements to the NFIP’s claim process are in response to the widespread flooding that occurred in 2017.… Continue Reading

Proof of Loss Rules in Kentucky

Proof of loss rules are not what I normally think about Kentucky. Kentucky usually makes me think of beautiful rolling hills, great basketball, fast horses and the Kentucky Derby. But, we recently had some questions about proof of loss in Kentucky and thought we would share our findings.… Continue Reading
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