Partial Flood Proofs of Loss Requesting Only Items In Dispute Are Losers In Flood Claims

Photo by Win McNamee

Flood insurance claims governed by the National Flood Insurance Program are different. The requirements to get paid are strict and must be complied with. Many inexperienced attorneys and public adjusters prepare these claims improperly and the result is that policyholders do not get paid or paid as much as they otherwise deserve. Federal proofs of loss have to be completed fully, properly, and on time. Continue Reading

Broken Pipe During Polar Vortex: Don’t Let Your Policy’s “Freezing Exclusion” Leave You Uncovered for Losses From Arctic Cold

Most property insurance policies exclude coverage for damages caused by the freezing of household systems or appliances unless the insured used reasonable care to maintain heat in the building or shut off the water supply and drained all systems and appliances of water. Courts interpreting the “freezing exclusion” have generally found that the language within the policies is clear and enforceable. Continue Reading

Consequences of a Well-Pled Complaint

The New York Supreme Court, Appellate Division, First Department “unanimously reversed, on the law, with costs, the motion denied and the claims reinstated,” the New York County Supreme Court trial judge’s order dated April 2, 2018, to the extent appealed from, which granted dismissal of Plaintiff D.K. Property, Inc.’s (“D.K.”) consequential damages (other than attorney’s fees) pled in its amended complaint.1 The dispute involves an “all-risk” commercial property policy issued by Defendant National Union Fire Ins. Co. of Pittsburgh, PA (“National Union”) and its denial of D.K.’s October 2014 claim for policy proceeds and benefits arising from damage to one of its buildings insured under the policy. Continue Reading

Colorado Overhead and Profit Issues—Merlin Law Group Files a Response for Colorado Policyholders

The Colorado Department of Insurance has proposed eliminating one of its long-standing bulletins requiring insurance companies to pay contractor overhead and profit rather than deduct the amount until incurred. Such an elimination is obviously against policyholder interests and is the result of insurance industry lobbyists making inroads with Colorado insurance regulators who are supposed to be guardians of the public interest. Continue Reading

Business Income Loss – Recurring Measurement Loss Issues

A very insightful reader posted this comment to my blog post, Period of Restoration-Valuing Business Interruption Claims, Part I:

When adjusting business interruption claims, I find that the biggest disagreements I have with carriers are not with the length of the restoration period. They’re with my projected revenues had no loss occurred. Continue Reading

Panama City Attorney Jeff Carter Joins Merlin Law Group to Help Hurricane Michael Policyholders

Jeff and Jessica Carter

Panama City attorney Jeff Carter has joined Merlin Law Group in its Panama City office. While I lived in Panama City and attended Mosley High School, I have always found that it helps to have local attorneys with fine reputations in our firm who team up and use Merlin Law Group’s longstanding experience and dedication only to policyholders. Unlike other law firms that advertise and practice many areas of law, representing policyholders is all we do. Merlin Law Group is known as The Policyholder’s Advocate® for a reason. Continue Reading

Standard Fire Policy’s Two-Year Limitation Period Did Not Apply to Township Mutual Fire Insurance Company

The recent opinion of Oswald v. Southern Central Ins. Co., No. A18-0507, 2018 WL 6729771 (Minn. App. Dec. 24 2018) is a good reminder to attorneys and public adjusters alike to review a complete copy of the insurance policy and applicable laws when considering limitations issues applicable to a loss. Continue Reading

Cancellation of Property Insurance Policies in Florida after Hurricane Michael

After Hurricane Michael, on October 15, 2018, Florida Insurance Commissioner David Altmaier issued an Emergency Order No. 234790-18-EO, that affected insurers writing insurance in the following counties affected by Hurricane Michael: Bay, Calhoun, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Suwannee, Taylor, Wakulla, and Washington Counties. Continue Reading

Are Property Management Fees Recoverable Following a Loss?

Fees may not be recoverable under a condominium association policy to an insured condominium association or its property management company after a loss. The Board should carefully consider fee percentages agreed upon in a management agreement to assist the association through a property insurance claim. Continue Reading