It is not often that I am able to find a property insurance issue involving my favorite sport—golf! I previously wrote in Hole in One Insurance Coverage, about a dispute involving a hole in one contest at the July 2015 PGA tour event, the Greenbrier Classic, where the charity that was operating the event, Old White Charities, Inc. (“Old White”) sought coverage for two prizes it was obligated to pay in a hole-in-one contest.
Continue Reading You Had a “Hole in One” and Won a Prize!!! Not so Fast—The “Hole In One” Insurance Carrier Denies The Claim

A recent Southern District of Florida decision addressed this issue.1

A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”) made a claim for damages under the standard flood insurance policy (“SFIP”) covering the property. When Hampson sued Wright National Flood Insurance Company, a Write Your Own (“WYO”) carrier, for breach of the insurance contract, Hampson also sought an award of attorney’s fees, costs and case expenses under the Equal Justice to Access Act (the “EAJA”), 28 U.S.C. § 2412.
Continue Reading Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

Merlin Law Group previously blogged about Konrad Kurach v. Truck Insurance Exchange,1 where an appeal was recently filed at the Pennsylvania Supreme Court on this question:

Did the Superior Court err as a matter of law in finding that the limitation of payment of General Contractors Overhead and Profit from actual cash value in a replacement cost policy, although violative of binding precedent, was nonetheless valid and enforceable?
Continue Reading United Policyholders Files Amicus Brief on Overhead and Profit in Pennsylvania

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 to property.2
Continue Reading Recovery of Consequential Damages after Foreclosure

John R. Elias, Insurance Commissioner

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 insurance companies and insurance agents.2
Continue Reading How To File A Complaint With The New Hampshire Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company