Consumers are bombarded by insurance company advertisements loaded with puffery and bloated promises. While celebrity hucksters, jovial lizards with heavy accents, and emu sleuths might be amusing on TV, real world policyholders are left to discern fact from fiction when it comes to promotional statements in insurance company quotes.
Continue Reading Can an Insurer’s Pre-Sale Representations to a Prospective Insured Prevent Denial of Insurance Benefits After Loss?

A few days ago, a family member called to ask me if I was interested in adopting a stray kitten. Hmmm… I had to think about this offer. I have “owned” cats over the years. But cats are quirky. Perhaps that is why memes and videos of domestic cats make up some of the most viewed content on the internet.
Continue Reading Feral Felines Are Focus of Appellate Court’s Findings on Fracas Over Domestic Animal Exclusion

Not sure when to sue your insurer? Property insurance policies typically contain a contractual suit limitation provision that sets the time within which policyholders may file suit on the claim. Some states allow the insurer to require in the policy that the policyholder file suit in as little as one year from the date of loss or lose coverage entirely, compared to 4- or 6-year statutes of limitations within which suit can be filed under other types of contracts.
Continue Reading Are Suit Limitation Provisions in the Policy Enforceable . . . And is the Insurer required to Show Prejudice?

Maine policyholders at loggerheads with their delaying, denying and recalcitrant insurers may seek help in the claims process by filing a complaint with the Maine Bureau of Insurance.
Continue Reading How To File A Complaint With The Maine Bureau of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

It’s been almost seven years since Superstorm Sandy hit New Jersey and Sandy cases are still wending through New Jersey Courts. A recent Third Circuit Court of Appeals decision discusses the importance of a properly completed proof of loss when submitting a flood claim under a Standard Flood Insurance Policy (SFIP).1
Continue Reading Flood Proof of Loss Filled Correctly? Do not lose benefits by failing to list amount claimed

Rhode Island policyholders at loggerheads with their delaying, denying and recalcitrant insurers may seek help in the claims process by filing a complaint with the Rhode Island Insurance Division.
Continue Reading How To File A Consumer Complaint With The Rhode Island Insurance Division About Your Delaying, Denying and Bad Treating Insurance Company

Professor Jay Feinman

On March 29, 2019, I had the distinct pleasure of joining a distinguished panel of practitioners, educators, and policy makers at The Protection Gap in Property Insurance program sponsored by Rutgers Insurance Law Professor Jay Feinman, Rutgers law School and The Rutgers Center for Risk and Responsibility.1
Continue Reading Pitfalls For Policyholders: Rutgers Protection Gap Seminar Zeros In On Things Your Insurer Won’t Tell You

In the 1950’s farce The Great Rupert (aka A Christmas Wish), starring Jimmy Durante, a mischievous dancing sideshow squirrel accidentally discovers and misdirects a miser’s cache of cash to an impoverished family living next door through a hole in the roof. Silly movie plot? Perhaps … but having seen this film several times, I can attest that Rupert’s antics set humorous events in motion.
Continue Reading Blame It on the Squirrel: Court Rules Furry Fatality Not Efficient Proximate Cause of Policyholder’s Power Station Damage

In an important New Jersey policyholder decision, the U.S. Court of Appeals for the Third Circuit recently addressed New Jersey’s Consumer Fraud Act (CFA) and ruled the CFA applies to an insurer’s deceptive claims handling practices as well as the sale of insurance policies.1
Continue Reading Third Circuit Court of Appeals Allows New Jersey Policyholder’s Consumer Protection Claims Against Insurer for Deceptive Claims Handling

In my last two posts I wrote about the threatened expiration of the National Flood Insurance Program (NFIP) and stop-gap legislation that averted the lapse. NFIP’s authorization to operate is now extended to May 31, 2019. Despite the reauthorization legislation, FEMA announced it would halt NFIP’s authority to issue new and renewal flood policies until the full government reopens, citing the partial shut-down and lapse in appropriations.
Continue Reading FEMA Backtracks, Advises That Partial Federal Government Shutdown Will Not Disrupt Flood Insurance Program