It did not take long for part of the recent anti-policyholder legislation to be declared illegal. Last Friday, Chief U.S. District Judge Mark Walker heard arguments in a lawsuit filed by Gale Force Roofing and Restoration, LLC, that claims the portion of SB 76 that prevents contractors from advertising to encourage property owners to file roof-damage claims violated free speech protections. Judge Walker ruled in favor of Gale Force Roofing and issued an injunction stopping Florida officials from enforcing part of the bill. Continue Reading Contractors and Roofers Can Advertise! Part of SB 76 Already Found Unconstitutional

Stempel and Knutsen on Insurance Coverage is a leading American insurance law treatise. The professors have also have published the fifth edition of Principles Of Insurance Law. The authors of those treatises were recently published in a University of Connecticut law review article, Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a Pandemic,1 which is a must read for those whose interest is insurance policy interpretation and those involved with Covid lost business income claims. Since the article is critical of many Covid business income judicial opinions at the motion to dismiss stage, judges and their law clerks involved with these cases should also look for guidance from these very respected insurance law professors. Continue Reading Covid Business Interruption Claims Law Review Article Is a Must Read For Students Of Insurance Policy Interpretation

(Note: This guest blog is by Liberty Ritchie, a Licensed Legal Intern in our Oklahoma City office)

The Kansas Insurance Department’s (KID’s) moto is “Regulate. Educate. Advocate.” It pursues this mission by investigating consumer complaints against insurance companies, agents, and adjusters to ensure compliance with Kansas state law. If you think that your insurance claim or policy has been delayed, deliberately underpaid, or otherwise dishonestly handled, you can file a complaint with the KID and request an investigation into the matter. Continue Reading How to File a Complaint with the Kansas Insurance Department

It’s been a few months since we endured Winter Storm Uri. The storm had people stranded in the cold with no electricity, heat, or running water. Families were huddling around each other for warmth in parked cars and boiling water in their homes to drink. At the time of the storm, much of the focus was on the electric grid of Texas and why the infrastructure failed us in a time of need. Now, as claims come in, we are seeing an abundance of damage that is left unrepaired, unresolved, and overall unappreciated. Continue Reading The Cold Truth About the Texas Winter Storm

Appraisal clauses, a common component of property insurance policies, set forth an alternative dispute resolution process by which the parties to an insurance contract can resolve disputes concerning the amount of a covered loss. While most property insurance policies’ appraisal clauses do not expressly set forth a time period to demand appraisal, waiver of the appraisal clause can occur if not timely invoked. Courts tasked with determining whether an appraisal clause was waived focus on whether the demand for appraisal was made within a “reasonable time.” Continue Reading How Long Is Too Long To Demand Appraisal?

Policyholders should remain vigilant in confirming their property insurance policies are aligned with their current coverage needs – before disaster strikes. Tropical Storm Elsa will certainly not be the last bit of potentially threatening tropical activity during this year’s hurricane season. While Elsa was certainly not the strongest storm Florida has ever seen, it was another reminder of the heavy rains and winds these tropical storms and hurricanes can bring. Continue Reading Tropical Storm Elsa Serves As Reminder To Address Any Coverage Gaps

Merlin Law Group supports the work public adjusters do for policyholders in helping them obtain justice on property insurance claims. As part of being The Policyholder’s Advocate™, our firm has developed several guides for individual states that public adjusters can reference for information on statutes and procedures. Continue Reading Merlin Guides – Helpful State-By-State Resource for Public Adjusters

We hope everyone stays safe with Tropical Storm Elsa. As a result of the tropical storm, we will not be hosting Tuesday at 2 today. You can find helpful information on navigating tropical storm damage claims in our Hurricane Checklist. Please do not hesitate to contact our offices with any hurricane or tropical storm-related damage inquires.

Next week’s Tuesday at 2 will be replaced by our latest webinar – How Significant Changes to Florida’s Property Insurance Laws Affect Everyone In The Claims Process. In this webinar, Holly Soffer (general counsel for AAPIA) and I will discuss the recent legislative changes in Florida and their impact on the insurance claim sector.

You can register and find more information on next week’s webinar here.