The question in the post title was recently posed to our law firm. We addressed the issue in Coinsurance Problem? Consider Filing on an Actual Cash Value Basis. Here is a summary of that highlighted case holding:
Coinsurance in Court – Who Has the Burden of Proof?
Nobody likes coinsurance penalties.1 For policyholders, they can be unforeseen, confusing, and costly. For policyholder advocates, they can present a host of legal issues that are difficult and time-consuming to navigate. Some of those issues have been addressed on this blog, including the coinsurance clause enforcement, agent liability, and valuation disputes.
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The Insurance Industry Knows That Most Policyholders Are Not Properly Insured
“Doctor, thanks for seeing me; this is what you should do to properly treat and cure me.” Can you imagine this scenario? Can you imagine paying a doctor and the doctor expecting that you will order what is needed for you to be cured? Of course not.
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The Underinsurance Gap: Who Is Truly in a Better Situation To Determine the Full Amount of Property Insurance Required on a Structure?
The insurance-to-value questions and concerns of underinsurance come up every time an insurance agent selling property insurance makes an application or oversees a renewal of a property insurance policy. Bill Wilson is an experienced insurance agent and insurance agent educator. When he talks insurance, those of us in the insurance business should listen.
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Increased Pricing of Construction Creating Property Insurance Claim and Underwriting Issues —Watch Tuesday @ 2 With Chip Merlin for More Details
The above photo of lumber visually depicts the significant increased price of basic construction material costs that is driving many property insurance claim disputes as policyholders with various losses from wildfires, hurricanes, and frozen pipes try to get their claims settled. The insurance industry is relying upon quickly outdated and erroneous Xactimate pricing.
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Coinsurance – A Reminder to Check if You Are Insured to Value
Many policyholders are not aware of how a coinsurance clause applies, or that it even exists, until after a loss occurs. This is an unwelcome lesson for those who those who unknowingly risked a portion of their expected insurance proceeds. Whether you have a homeowners policy,1 a commercial package policy,2 or a business owners policy,3 this is a reminder to pull it out of your drawer or ask your agent or broker about the coinsurance clause in your policy and how it applies to property damage.4
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