Hurricane Sally appears headed to the Mississippi Sound and Louisiana. Adjusters already working Hurricane Laura claims will be shifting efforts to Hurricane Sally. While there is legal authority suggesting that causation can be determined in Louisiana appraisals,1 Mississippi has long held that causation issues will not be allowed in appraisal and that a lawsuit will have to determine those issues.2
Continue Reading Mississippi Does Not Allow Causation to Be Determined In Appraisal

On August 10, 2020, Merlin Law Group hosted Hurricane Irma Public Adjuster Seminar: One Month Before Claim Submission Deadlines for public adjusters to earn 4 CE credits on hot topics for discussion related to Hurricane Irma. Don’t forget the deadline to submit claims for property damage from Hurricane Irma is September 10, 2020.
Continue Reading When Can Ordinance or Law Coverage Be Appraised?

Arbitration has been showing up as a requirement more frequently in some property insurance policies. A past President of the National Association of Public Insurance Adjusters (NAPIA) recently asked me ‘what exactly is arbitration and how is it different than litigation or a trial?’ I figure that it may be a good time to have a Tuesday at 2 With Chip Merlin session to go over the various dispute resolutions involving trial, litigation, arbitration, appraisal, mediation and department of insurance sponsored mediation.
Continue Reading What Are the Differences Between Mediation vs Arbitration vs Appraisal vs Litigation When It Comes To Resolving a Property Insurance Claim?

Colorado protects its policyholders as well as any other jurisdiction in the United States.1 Most policyholder advocates are familiar with Colorado’s statutory bad faith claims that give policyholders a fighting chance against insurance carrier’s malfeasance. Whether it is incompetence or intentional, claim results are often unreasonable and policyholders are harmed with few remedies to make them whole.
Continue Reading Colorado Insurance Companies Do Not Have a “Get Out of Jail Free Card” For Delayed and Underpayments Following Appraisal

Occasionally, an attorney representing an insured will run into a Motion to Compel Appraisal filed by the carrier’s attorney. Upon receipt of the motion, a few considerations must be made with the most important being:

  1. Is the demand for appraisal timely? and
  2. Is appraisal proper considering the “amount of loss”?
    Continue Reading Amount of Loss: Appraisal Considerations in New Jersey

Recent trends of insurers revising the appraisal provisions in insurance policies have clouded the original effect of the appraisal process as an alternative dispute resolution process in lieu of litigation. For many years the insurers reaped a benefit of an appraisal award as a bar to the insured’s breach of contract case after payment of the award pursuant to the policy’s appraisal provision.
Continue Reading Clear Waters of Texas Appraisals – Prompt Payment Claim After Appraisal

If you watched our Coronavirus Coverage discussion, you would never forget the answer to the title question of this post. Property insurance claims and analysis can be a lot of fun when you are passionate and knowledgeable about it. There are always questions that arise from unique circumstances of loss and changing policy language which may afford or may not afford coverage.
Continue Reading Tuesdays at 2 with Chip Merlin—What Does a Cat on a Toilet Have to Do with Property Insurance?

The next Tuesdays at 2 With Chip Merlin will discuss the topic of umpire selection during a property insurance claim appraisal. This appraisal topic came about from questions written to us following last week’s discussion.
Continue Reading How Do You Properly Select and Vet an Umpire For An Insurance Appraisal? Tuesday at 2 with Chip Merlin Will Discuss This Important Topic