Can an Insurer’s Pre-Sale Representations to a Prospective Insured Prevent Denial of Insurance Benefits After Loss?

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

Policyholders—-What Are the Four Questions Every Insurance Adjuster Should Be Asked and Then Required To Answer?

Jeff Raizner, Steve Badger and Chip Merlin at IAUA San Antonio Conference

Speaking at the IAUA Conference in San Antonio yesterday, I suggested that every insurance company should be demanding from their field adjusters and claims managers that they deal with their customers who ask these four questions: Continue Reading

Hurricane Michael Victims Should Not Be Forgotten-The “Blue Tarps” Documentary Makes A Case for Florida’s Panhandle

Journalist Jennie McKeon

Reporter Jennie McKeon wrote an article (‘Blue Tarps’ Doc Shows The Aftermath of Hurricane Michael) about two filmmakers, Carrie Hunter and Austin Hermann, who recently released a significant documentary about Florida’s Panhandle following Hurricane Michael. I was struck by one quote from Carrie Hunter:

Literally every person we talked to said they felt forgotten . . . . This was one of the most powerful storms to hit and it hit some of the poorest and rural parts of Florida. Help and safety nets are not reaching everyone.

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Hurricane Michael and Irma Policyholders with Outstanding Claims Should Help Florida’s Insurance Commissioner Explaining The Mystery of Their Open Claims

Florida’s Insurance commissioner made the news a little over a week ago when his testimony, which you can watch above, indicated some bewilderment about why so many claims are still open a year after Hurricane Michael struck Florida’s Panhandle. Over 18,000 claims are reported as open. Continue Reading

Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope

In an historic win for American consumers and workers, on September 20, 2019, the U. S. House of Representatives passed H.R. 1423, the Forced Arbitration Injustice Repeal or FAIR Act,1 by a vote of 225 to 186. This groundbreaking bill could be the beginning of the demise of the remedy-stripping, rights-stomping, forced arbitration clauses in contracts of adhesion. Arbitration is often referred to an alternative dispute resolution—meaning an alternative to the litigation of a dispute. Continue Reading

Can You Help Just One of The Thousand Points of Light? Why We Should Help United Policyholders

Last night at the Thousand Points of Light banquet Garth Brooks stated, “If you do not have love in your life, you have to look at yourself about why” I became involved with this organization following Superstorm Sandy and still remain an active supporter because the basic philosophy is so fundamental to whom we should strive to be. Continue Reading

Can a Raccoon Engage In Vandalism Under an Insurance Policy?

The Western District of Pennsylvania recently had to answer the question of whether a raccoon’s actions in destroying a property can be considered vandalism or malicious mischief under an insurance policy. The trial court found that “raccoons and their companions in the animal kingdom cannot formulate the intent needed to engage in vandalism, malicious mischief, or any other criminal or actionable conduct.”1 Continue Reading

Steve Badger and Chip Merlin Clash Again Over Appraisals, Umpires, and Appraisers! Come to the Show in San Antonio on October 1 and 2!

Steve Badger and Chip Merlin

Steve Badger has certainly made his mark Texas property insurance law over the last decade. Bob Norton has similarly made a name for himself over the same period of time by forming the Insurance Appraisal and Umpire Association (IAUA) and getting some of the top legal talent and practitioners in the insurance industry teaching at IAUA programs. Continue Reading

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