During our Tuesdays at 2 With Chip series with Kelly Kubiak and myself, we warned of the upcoming September 10th statutory deadline to file claims for recovery from Hurricane Irma damage. We predict that this is going to provide all sorts of litigation regarding this statute because many policyholders—especially policyholders with claims disputes which delayed initial payment—are not finished with their construction and still finding hidden losses from Hurricane Irma. Continue Reading The End is Near—Hurricane Irma Claim, Supplemental Claim and Re-opened Claim Deadline is September 10, 2020
Insurance applications are important. A Florida trial court recently held that an unsworn and unsigned telephonic statement made during an application for insurance does not qualify as former testimony or a business record under the Florida Rules of Evidence, thereby making it inadmissible as summary judgment evidence.1 Continue Reading Statements Made During an Application for Insurance are Important
The biggest news stories and issues involving property insurance will be raised quickly by me tomorrow at 2 PM. The Friday afternoon format is being changed so that this will be no more than a quick 15 minutes. I intend to have attachments for each of the issues and hope that these will be primarily of interest to public adjusters, adjusters, and insurance restoration contractors.
After the death of George Floyd last month, riots followed peaceful protests in cities across the country, including Illinois, and many have been overwhelmed by the scale of property damage, looting, and vandalism. As a result, Illinois Governor J.B. Pritzker issued disaster proclamations for 14 counties. To ensure that Illinois insurance consumer rights are protected, the Illinois Department of Insurance implemented Bulletin 2020-15. Continue Reading Illinois Department of Insurance Requests Insurers Implement Protective Measures for Claims Due to Recent Vandalism and Looting
In a previous post, I discussed a case that found that damage to a dwelling from a broken municipal water main was covered under a homeowners insurance policy. In that case,1 the New Jersey Appellate Division concluded that the term “surface water” in the insurance policy’s water exclusion was ambiguous and that the water main break’s water did not qualify as surface water under both definitions of the term. Continue Reading Is Damage From a Broken Water Main Covered By My Insurance Policy?
It is hard enough under the best of circumstances to beat the insurance company lobbyists and attorneys who bring all kinds of arguments and propaganda to the halls of legislatures and in courts to judges. But it is worse when policyholder attorneys systemically act in an unethical manner and create facts to back up those otherwise frivolous arguments. Continue Reading Strems Law Firm Suspended For Unethically Representing Claimants
Fox News ran a televised segment about the ability of businesses to collect for lost income and property damage after the recent riots. The good news for most business owners is that the vast majority of all commercial policies will cover the property damage and business income losses caused as a result of these unfortunate incidents. I was happy to be the insurance commentator for Fox News reporting that coverage should be paid for business losses rather than be the bearer of bad news. Continue Reading Business Income and Property Damage Claims Payable After Riots and Civil Commotion
“No matter what people tell you, words and ideas can change the world.”
Carefully reading your insurance policy is crucial because the interpretation of just one word can impact whether a policy provides coverage for your loss. Sometimes coverage can turn on a simple conjunction such as the word “and.” Continue Reading Every Word Matters in a Property Insurance Policy
Today, when many companies are running their daily businesses from home, the crucial data kept on cell phones, computers, and mainframes may be vulnerable to cyber risks. Many businesses should re-evaluate their insurance policies to protect themselves from cyber-related insurance claims. Continue Reading Ransomware Attack Results In Covered “Direct Physical Loss”
Our client’s home was totally destroyed in the 2017 Tubbs Fire. After his carrier, Liberty, engaged in unfair claims practices, he filed multiple complaints with the California Department of Insurance (“CDI”). The CDI ignored his complaints for months but pretended it was investigating. Eventually, our client filed suit against Liberty—and the CDI. Continue Reading Insureds May Be Able to Sue the California Department of Insurance For Not Meaningfully Reviewing Consumer Complaints