Attorneys’ Fees and Costs for the Prevailing Insured

It has been almost eight months since Hurricane Michael devastated the eastern side of the Florida Panhandle. Not surprisingly, many residents and business owners are exhausted. Exhausted in the deepest sense—exhausted from waiting, exhausted from hoping, exhausted from failed promises made by their insurer, which benefited from premiums faithfully paid, only to find out that their insurer has “exhausted” its obligation to them. What is the recourse for the insured who has purchased insurance coverage to protect against a catastrophe such as Hurricane Michael? Will an insured be indemnified under its contract of insurance, including recovery of the costs and expense to pursue the benefits of the policy in court if necessary? Continue Reading

Fun In The Sun, But Before Diving In, Check Your Homeowner’s Policy For Swimming Pool Coverage

Introduction: Summer is upon us. Swimming pools will soon call like mythological Sirens. But whether you already have a home swimming pool, are planning to build an in-ground pool or are planning to purchase an above-ground pool for this summer’s fun in the sun, insurance coverage for personal injury liability and property damage should be considered. Check your policy. Continue Reading

What Insurer Conduct Is Prohibited and Considered Unfair Under California Law? A Quick Guide to Holding an Insurer Accountable

The California Fair Claims Settlement Practices Act outlines specific insurer conduct prohibited and considered unfair to insureds. Identifying prohibited insurer conduct and effectively communicating to a carrier it committed prohibited acts will lead to better claim results. Continue Reading

Recovery of Consequential Damages after Foreclosure

Depending on the jurisdiction, one element of an insured’s damages in a first-party property insurance claim may include consequential damages. Consequential damages are an indirect result of a direct loss.1 Lost profit, lost rents, and lost business opportunities are examples of consequential damages that could be incurred as a result of a direct physical loss to property.2 Continue Reading

How To File A Complaint With The Alaska Division of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

When Alaskans are mistreated by their insurance companies, they can turn to the state government for help. Alaska’s Department of Commerce, Community, and Economic Development’s Division of Insurance has the authority to accept and investigate complaints by consumers. Continue Reading

Non-Renewal or Cancellations of Commercial Insurance Policies in Puerto Rico after Hurricane Maria

Many Policyholders in Puerto Rico are concerned about the notifications of non-renewal or cancellations they received after Hurricane Maria claims. This is a matter that affects both residential and commercial Policyholders. The process of obtaining insurance coverage from a different insurance company can be even more difficult when repairs related to a prior claim have not been completed. Continue Reading

How To File A Complaint With The New York Department of Financial Services About Your Delaying, Denying and Bad Treating Insurance Company

Linda A. Lacewell, Superintendent of the New York State Department of Financial Services

Since the New York Department of Insurance was abolished in October 2011, the New York State Department of Financial Services has supervised and regulated all insurance companies that do business in New York. The Department of Financial Services attempts to ensure fair and equitable dealings between insurers, agents, and policyholders regarding all insurance transactions. The Department of Financial Services also receives and investigates all complaints against agents or insurers. Continue Reading

Texas Hail Claims – Know Your Rights Under Chapter 541 of the Texas Insurance Code

If your home was burglarized, would you sit back and do nothing? No. You would likely call the police or law enforcement to report the burglary, and hope they find your stolen property. If the police arrested the person who stole your property, would you let that person off without punishment, accountability, and repayment for your stolen property? Hopefully not – you would hold them accountable because they violated the law, and took something that belonged to you – they deprived you of your property that you worked hard to earn and purchase.

So why wouldn’t you hold the insurance company, adjusters, or other insurance personnel accountable if they violate the law? Maybe you didn’t know that you could, but you can, which is why its incredibly important to know your rights under the Texas Insurance Code. Continue Reading

Colorado Not Replacing Contractor Overhead and Profit Bulletin

The Colorado Department of Insurance will not be repealing its longstanding bulletin requiring that contractor overhead and profit be a part of a calculation to determine actual cash value at tomorrow’s stakeholder meeting in Denver. This is fantastic news for all Policyholders and the correct decision by those dealing with this issue in the Colorado Department of Insurance. We discussed the issue in, Colorado Overhead and Profit Issues—Merlin Law Group Files a Response for Colorado Policyholders, and noted this meeting in, How To Adjust Actual Cash Value and Overhead and Profit in Colorado—Colorado To Hold Public Forum For Comments. Continue Reading

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