With the devastating strength and power these hurricanes were bringing, the last thing on anyone’s mind was these hurricanes throwing additional blows to areas that seemed outside of their “cone.” However, those of us that went through Hurricanes Harvey and Irma (and even those watching from areas outside those directly affected) recall all the news stations announcing tornado watches and warnings for over 24-hours with each storm. I recall the meteorologists’ predictions of which storm cells in the bands of these hurricanes had rotation and were producing tornados.
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This will be part of a series of blogs on ocean cargo and inland marine insurance claims. It is a niche area within the niche of property insurance claims. Because I practice in Florida, New York and Texas, (all of which contain some of the United States’ busiest shipping ports), I have handled several of these claims when disaster strikes to cargo in transit.


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This post follows up on my last post involving the insurance carriers’ right to repair. In a recent court case,1 the insurer invoked its option to repair and asked that litigation be stayed until the policyholder complied with the “right to repair” option in the policy, however the appellate court reversed trial court’s the stay order. This means the lawsuit for breach of contract will proceed.


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In doing research the other day I came across a PowerPoint presentation from an insurance industry trade show where the opening slide states "Finding Financial Payback In Claims." This sure sounds like an advocation for claims departments of insurance carriers as profit centers. One of their topics during the presentation was using managed repair programs to achieve this outcome. Now many in Florida have begun seeing insurance carriers invoking the right to repair damaged property in claims with great frequency. The right to repair has always been in policies and has been very commonplace in auto damage cases, but many carriers in Florida have seriously tweaked their policy language related to these managed repair programs to contain several pages of detailed language. It is not the simple one paragraph our option to repair language anymore.


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My older son Mason (who will be four years old this December) is learning about the Golden Rule in his preschool class. It got me thinking about whether claims people believe there is a place for the Golden Rule in claims adjusting? Can you honestly sit and reflect on claims you handle and state definitively that you are treating others how you would like to be treated if you were in their shoes?


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Earlier this year, I wrote about a consumer friendly bill signed into law in New York allowing the "scope of loss" to be determined by appraisal. I received a comment to the post providing insight into how insurance carriers are treating appraisals where scope can be in dispute. I thought I would share with our readers and see if others have experiences with insurance carriers presenting similar arguments in New York appraisals.


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