I recently wrote about the short-term extension that halted the potential expiration of the National Flood Insurance Program (NFIP) set for November 30, 2018. Following that post, the NFIP was extended by Congress until December 21, 2018, and a lapse was averted.
Continue Reading NFIP Authorization Extended Until May 31, 2019, But Flood Program Could Be Disrupted By Government Shutdown

What the #*&@%! is a she-shed?

Pardon the provocative preamble to this post. If you’ve seen the television commercial, then you know the scenario I am about to discuss. Upset couple watching the so-called “she shed” burn to the ground while they are on the phone with their insurance agent. Is the posh “she shed” covered? Is there enough coverage to replace it as the homeowner is led to believe?
Continue Reading Coverage B: Protecting Your “She Sheds” – Fences, Detached Garages, and Other Structures on Your Property

While Hurricane Lane threatens Hawaii with huge storm surge, high wind and heavy rain, officials are preparing for the impact of insurance claims after the Category 2 Storm.
Continue Reading Prepping for Hurricane Lane, Hawaii Insurance Commissioner Permits Temporary Use of Non-Resident Unlicensed Independent Adjusters

It’s the stuff that dreams are made of. Humphrey Bogart delivers this memorable line at the end of The Maltese Falcon, summing up the allure of the shady characters’ search for the eponymous, elusive relic. Pro-policyholder case law can be equally elusive, especially when unsettled areas of insurance law, like coverage for cyber losses, are at issue.
Continue Reading Insurer Must Cover Policyholder’s $4.8 Million Cyber-Scam Loss

Cyber-risks are not just about corporate data breaches anymore. I recently spoke to a public adjuster who said he was a victim of a ransomware attack. Ransomware is malicious software (malware) installed on a computer, smart phone, or other mobile device, without the owner’s consent. Once malware is installed, cybercriminals can monitor and control online activity, steal confidential information, interrupt service, commit fraud, or disable access to files and critical data until a ransom is paid to unlock the system.
Continue Reading Top Seven Things Public Adjusters Should Know About Cyber Risks and Cyber Insurance

Recognizing the public policy implications of an unsettled, recurring coverage issue involving crumbling concrete foundations in thousands of Connecticut homes, U.S. District Court Judge Stefan Underhill recently certified the following insurance coverage question to the Supreme Court of Connecticut:

What constitutes a “substantial impairment of structural integrity” for purposes of applying the “collapse” provision of this homeowners’ insurance policy?1
Continue Reading What is a Collapse? Crumbling Concrete Case is Catalyst for Coverage Query Certified to State Supreme Court

Most restaurant and bar owners purchase coverage for property damage and third-party liability. But there are other important coverages that might be overlooked, or might not be purchased, that could be critical to the operation and viability of the business. Here are some basic coverages we think anyone in the restaurant industry, or readers adjusting claims for restaurant and hospitality clients, should be aware of:
Continue Reading Restaurant Risks: Six Quick Coverage Summaries for Restaurants, Taverns and Other Establishments

A New York policyholder submits to multiple examinations under oath during the investigation of a fire claim before retaining counsel. The question then becomes whether his examination under oath (EUO) testimony is admissible at trial and under what circumstances. A brief survey of my research is summarized below.
Continue Reading Nothing But the Truth: EUO Testimony Is Admissible at Trial in New York