Shane Smith

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Matching Protections for Hurricane Irma Claims in Florida

In 1990, the National Association of Insurance Commissioners adopted a new section to its model regulations relating to unfair property claims.1 Section 9 of the model regulation provides:2 A. When the policy provides for the adjustment and settlement of first-party losses based on replacement cost, the following shall apply: *** (2) When a loss requires … Continue Reading

Last Minute Preparations for Hurricane Irma

Most Floridians are making their last minute preparations for Hurricane Irma and protecting their property from potential damage. In addition to having enough batteries, flashlights, bottled water, food, medications, and pet supplies, you want to make sure your important documents are in a safe, waterproof and easy to access location. This includes your homeowners insurance … Continue Reading

Insurance Bad Faith in South Carolina: Part 1

We are often asked by policyholders and public adjusters whether bad faith damages are recoverable against an insurance company in a particular state and what an insured must prove. Our blog has many articles related to this topic. Today I will address insurance bad faith in South Carolina.… Continue Reading

Calculating Actual Cash Value, Part 26: Montana

In Montana, a jury may consider all relevant evidence when determining the actual cash value of the property damaged or destroyed.1 Under the broad evidence rule, the trier of fact “may consider any evidence logically tending to the formation of a correct estimate of the value of the insured property at the time of the … Continue Reading

Sue and Labor Clauses

A “sue and labor clause” is typically found in a marine insurance policy and typically provides:1 And in case of any Loss or Misfortune, it shall be lawful and necessary for the Assured,… Factors, Servants and Assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the vessel, or … Continue Reading

Electronic Signatures for Flood Proofs of Loss

On March 28, 2017, the Assistant Administrator for Federal Insurance, Federal Insurance and Mitigation Administration, issued a memorandum to Write Your Own (WYO) Company Principal Coordinators, NFIP Direct, and Independent Adjusters, titled “WYO Company Acceptance of Electronic Signatures” (W-17008).… Continue Reading
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