Bad faith cases really should be named “lack of good faith” cases because the duty is on the insurance company to act in the utmost of good faith and fair dealing with the policyholder. “Bad” has nothing to do with it. Alabama, however, carries the “bad faith” definition one step further by delineating a cause … Continue Reading
Alabama policyholders can seek assistance with their insurance claims through the Alabama Department of Insurance website found here. When a policyholder feels they have hit a wall working with the adjuster(s) assigned to their insurance claim, Alabama provides an Online Consumer Complaint Form that can be submitted to the Department of Insurance.… Continue Reading
So far, I have addressed thirty states in this series on calculating actual cash value. This blog is to provide an update on the discussion in my earlier post, Calculating Actual Cash Value, Part 24: Alabama.… Continue Reading
This week in the series on calculating actual cash value, we are studying Alabama, nicknamed the “Yellowhammer State,” after the state bird.… Continue Reading
In April I advised that Representative Jimmy Martin introduced Alabama House Bill 181 on February 11, 2016, for the regulation of public adjusters in Alabama.… Continue Reading
I was recently approached by a policyholder inquiring whether he had a viable claim for bad faith under Alabama law. In responding to his inquiry I did quite a bit of research and will share my findings with you now in this two-part blog on Alabama Bad Faith.… Continue Reading
As many readers know, Alabama does not currently license public adjusters. The Alabama State Bar takes the position that the actions of a public adjuster constitute the unlicensed practice of law.… Continue Reading
Last April I became licensed as an attorney in the State of Alabama. When discussing claims with insureds, one of the first questions asked is, “what is the statute of limitations in xxxxx state?” Our blog has not addressed the statute of limitations in Alabama, and below is a quick cheat sheet for Alabama insureds.… Continue Reading
Effective July 13, 2013, Alabama Code §§27-22-40 though 27-22-45 will require new and renewal homeowners insurance policies to include an Outline of Coverage and a Comprehensive Policy Checklist. In addition, all insurance companies writing residential policies in Alabama must post on their websites the twelve “minimum standards” to be followed.… Continue Reading
Throughout the past several weeks, I have looking at total loss standards in different states around the country. Certain states, typically those in the path of natural disasters, have studied the issue many times. One state that surprisingly had very little case law touching on the subject is Alabama. However, a deep look into some … Continue Reading
Next month, the Alabama legislature will reconvene and has the chance to license public insurance adjusters. Currently, Alabama is one of the few states that does not recognize public adjusters. But after the devastation last year, the value of public insurance adjusters is coming to light.… Continue Reading
Over the course of the last few weeks in a series of posts titled “’Bama Bad Faith – An Alabama Case Evaluates a Number of Bad Faith Issues,” I evaluated the factual and legal issues analyzed by the Alabama Supreme Court in Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008). The Alabama Supreme … Continue Reading
Last week, in ‘Bama Bad Faith – An Alabama Case Evaluates a Number of Bad Faith Issues, Part 3, I began an evaluation of whether there was a genuine issue of material fact as to the basis for the insureds’ bad-faith claims in Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008). The lower … Continue Reading
In my post three weeks ago, I addressed the factual background in the Supreme Court of Alabama’s opinion on the bad faith case Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008). Last week I wrote about the issue of whether the Insureds timely filed their Complaint. This week, I am writing about whether … Continue Reading
In my last post titled ‘Bama Bad Faith – An Alabama Case Evaluates a Number of Bad Faith Issues, I addressed the factual background of the bad faith case Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008), which analyzes several legal issues. This week, I will write about the first legal issue: whether … Continue Reading
The Supreme Court of Alabama addressed a number of bad faith issues in its decision on Jones v. Alfa Mutual Ins. Co., 1 So.3d 23 (2008). The decision is too lengthy to evaluate in a single post, so this week I will begin with the factual background of the case. The legal issues will be … Continue Reading
I saw the most beautiful and most tragic sights from the air yesterday. The space shuttle was clearly visible, like a flying yellow fire torch, above the clouds in the bright morning blue sky. As it came through the cloud cover, Endeavor was an inspiring sight.… Continue Reading
This morning I am in Dallas at the Windstorm Symposium. Steve Pate and I will be giving a presentation about the most significant property insurance cases from the states of Alabama, Mississippi, Lousiana and Texas over the past year.… Continue Reading
The estimates of oil escaping were far too low. At first it was, "we dodged a bullet." Then, it was 1,000 barrels a day. Then, 5,000. And now, 25,000 barrels a day are flowing from the ocean floor. The Wall Street Journal has been excellent in its reporting:… Continue Reading
I hate to make doomsday predictions, but there is a possibility that the BP Oil Spill could be worse than any hurricane or catastrophe that I have been involved with. I spent yesterday speaking with others about the current situation. Indeed, my father teaches those in the oil industry how to recover and react to … Continue Reading
A number of former and current clients have called our offices about the recent oil spill in the Gulf of Mexico. They have expressed fear about damages to their business and property, as well as actions that they can take take to protect themselves from the consequences of this disaster. We have already been retained … Continue Reading
