South Carolina courts have not used the phrase “broad evidence rule” in addressing actual cash value, and the South Carolina Department of Insurance considers actual cash value to be the amount needed to repair or replace the damage minus a deduction for depreciation.1
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Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?
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.
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United Policyholders Files Amicus Brief on Overhead and Profit in Pennsylvania
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?
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Notification of Hurricane Irma Damages
It is hard to believe that we are soon approaching the two-year mark for Hurricane Irma which made landfall on September 10, 2017.
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Post-Lawsuit Payment of Appraisal Awards
A recent Florida 4th District Court of Appeal decision, Bryant v. Geovera Specialty Insurance Company,1 addressed the issue of whether an insurance carrier’s payment of an appraisal award above a sublimit constituted a “confession of judgment.”
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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 to property.2
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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 insurance companies and insurance agents.2
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How To File A Complaint With The Vermont Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company
If you are a Vermont property owner, have suffered a property loss, and believe that you have been wronged by a delaying, denying and bad treating insurance company, you have the right to file a complaint with the insurance commissioner.
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How To File A Complaint With The Kentucky Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company
If you have suffered a property loss and believe that you have been wronged by a delaying, denying, and bad treating insurance company, you have the right to file a complaint with your state insurance commissioner.
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Insurance Coverage for Your Stuff that Brings You Joy
I have recently been hearing about many people reading Marie Kondo’s #1 New York Times bestselling book, The Life-Changing Magic of Tidying Up, and the Netflix show “Tidying Up With Marie Kondo.”
Continue Reading Insurance Coverage for Your Stuff that Brings You Joy