The National Association of Public Insurance Adjusters (NAPIA) has sent a notice to each Department of Insurance requesting that claims deadlines be extended as a result of the coronavirus pandemic. Continue Reading Coronavirus Insurance Coverage Update April 2—National Association of Public Insurance Adjusters Asks For Claim Deadline Extensions And Florida Restaurant Lawsuit Filed

La Gobernadora de Puerto Rico decretó una Orden de Cierre el pasado 16 de marzo de 2020, como medida de prevención para evitar contagios por el Coronavirus. Muchos negocios y empresas público/ privadas con excepción de aquellas ya señalados por la Gobernadora se verán afectadas. Continue Reading ¿Cómo Afectará La Orden De Cierre En Puerto Rico Mi Reclamación Al Seguro?

The Governor of Puerto Rico decreed a “Closure Order” or lockdown beginning on March 16, 2020, as a preventive measure to avoid contagions by the coronavirus. Many businesses and public/private companies, with the exception of those already indicated by the Governor, will be affected. Continue Reading How Will The Lockdown Order In Puerto Rico Affect My Insurance Claim?

Louisiana is the newest state to introduce legislation which would mandate coronavirus business income coverage. No state legislature has taken a final vote on these bills. One has to wonder if these are made for political pressure or could simply be political opportunism. Continue Reading Coronavirus Insurance Coverage Update April 1—Louisiana Introduces Legislation and An Optimistic Article Supporting Coverage

Frequently, we are faced with questions from policyholders or public adjusters regarding the interpretation of insurance coverage under a policy. Usually, these questions arise when the insurance company has limited or denied coverage. While these opposing interpretations are sometimes resolved without litigation, sometimes the insured’s and insurer’s positions become intransigent, and the next step requires the assistance of the court. The interpretation of whether a policy provides coverage is a question of law. Continue Reading Declaratory Judgments and Interpreting Policy Language

New York has joined New Jersey, Ohio, and Massachusetts with pending legislation regarding insurance coverage. At the same time, it is pretty obvious that the insurance industry is doing everything it can to explain how such legislation, if passed, would dwarf any ability to pay amounts claimed. Continue Reading Coronavirus Insurance Coverage Update March 31—-New York Legislation, Chicago Restaurant and Theatre Lawsuit, and Insurance Industry Says Coverage Payments Would Dwarf Capacity to Pay

The First Party Claims Conference West was cancelled. I was upset not just because I missed an opportunity to teach about insurance and speak about my new book, Pay Up!, but to listen to insurance and legal educator Barry Zalma. Zalma has written many insurance books and I am proud to say that most are in our Merlin Law Group reference library. Continue Reading Barry Zalma on Insurance

Reggie Whitten and Michael Burrage filed lawsuits on behalf of the Choctaw and Chickasaw Nations in Oklahoma state court.1 The actions are similar to the declaratory judgment actions filed by John Houghtaling in Louisiana and California. I do not see how the Oklahoma cases are going to be removed to federal court because they lack diversity of citizenship for such jurisdiction. Continue Reading Coronavirus Insurance Coverage Update March 30—Choctaw and Chickasaw Nations File for Declaratory Relief in Oklahoma

What is the replacement cost value of my classic brown dress shoes? How would you go about determining their actual cash value? You can see them in the photo above along with some Sperry Topsider shoes I have yet to take out of the box. As I am writing this post, I am looking at my Weber gas grill which has been getting a workout since our social distancing started. What questions and considerations should be made for that item in a property insurance adjustment? How are those questions and considerations different when considering replacement cost value and actual cash value if the damage were to real property? What are the considerations if the loss were to a commercial insured rather than covered under a personal property insurance policy? Continue Reading What Do Chip Merlin’s Old Dress Shoes, New Sailing Shoes, and Weber Grill Have to Do With Replacement Cost Value, Actual Cash Value and Depreciation of Labor?

Technology in business, and everyday life, is intangible now more so than ever for many Americans as we confront the COVID-19 pandemic. As people try and find some semblance of normalcy, technology is a lifeline to stay informed about the changing landscape around the virus, socialize with friends and family, entertain and educate kids kept out of school, and for those who can, continue to work at home. Continue Reading Cybersecurity Vigilance During the COVID-19 Pandemic: Check Your Insurance Policy