Insurance companies will no longer be able to write insurance policies which depreciate labor costs when determining actual cash value in Washington. The Washington Insurance Commissioner just made a rule preventing insurance companies from nickeling and diming of their customers by depreciating labor costs. This ruling becomes effective on January 1, 2022.
Continue Reading Can Insurance Companies Depreciate Labor Costs in Washington? Insurance Commissioner Stands Up For Policyholders
Whether labor can be depreciated in arriving at an actual cash value property loss settlement has been a hot topic of debate over these past six years, and the subject of many Merlin lawyer blogposts, including the one I wrote last July discussing the Appellate Court of Illinois opinion in Sproull v. State Farm Fire & Casualty Company.1
Continue Reading The Illinois Supreme Court Concludes That Labor Cannot Be Depreciated In Arriving At An Actual Cash Value Loss Settlement
Louisiana Act 345 will have an immediate impact on Louisiana property insurance claims from Hurricane Ida. The law just became effective on August 1, 2021, without much publicity. Hurricane Ida has done significant damage in Louisiana, and everybody involved in the claims process should carefully consider this new law.
Continue Reading New Louisiana Property Insurance Law Impacts Hurricane Ida Claims
Whether labor can be depreciated in arriving at an actual cash value property loss settlement has been a hot topic of debate over these past five years, and the subject of many Merlin lawyer blogposts. An Illinois appellate court recently weighed in on the issue in Sproull v. State Farm Fire and Casualty Company.1
Continue Reading An Illinois Appellate Court Concludes That Labor Cannot Be Depreciated In Arriving At An Actual Cash Value Loss Settlement
I’ve run into this situation a handful of times recently in the Naples/Fort Myers area following Hurricane Irma. Generally, the policyholder is a retiree with ample spare time on his hands, a bit handy, and takes on the task of performing mostly cosmetic interior repairs himself (e.g., painting, drywall, flooring).
Continue Reading I Performed The Work Myself, Am I Entitled To Labor Costs?
On March 30, 2020, the United State Court of Appeals for the Fifth Circuit issued an opinion in Mitchell v. State Farm Fire & Casualty Company,1 on the interpretation of the term “Actual Cash Value.”
Continue Reading Interpretation of Actual Cash Value in Mississippi
What is the replacement cost value of my classic brown dress shoes? How would you go about determining their actual cash value? You can see them in the photo above along with some Sperry Topsider shoes I have yet to take out of the box. As I am writing this post, I am looking at my Weber gas grill which has been getting a workout since our social distancing started. What questions and considerations should be made for that item in a property insurance adjustment? How are those questions and considerations different when considering replacement cost value and actual cash value if the damage were to real property? What are the considerations if the loss were to a commercial insured rather than covered under a personal property insurance policy?
Continue Reading What Do Chip Merlin’s Old Dress Shoes, New Sailing Shoes, and Weber Grill Have to Do With Replacement Cost Value, Actual Cash Value and Depreciation of Labor?
Shane Smith wrote about a big policyholder win against Allstate in this weekend’s post, Another Court Ruling on Improper Depreciation of Labor. Today, the same Court of Appeals ruled the same way against State Farm.1
Continue Reading Hot Off the Insurance Law Coverage Press—DO NOT DEPRECIATE LABOR TO ARRIVE AT ACTUAL CASH VALUE!
On March 18, 2020, the Sixth Circuit Court of Appeals issued its opinion in Perry v. Allstate Indemnity Company,1 ruling as a matter of law that it was improper for Allstate to depreciate labor costs.
Continue Reading Another Court Ruling on Improper Depreciation of Labor
Depreciation of labor when determining actual cash value is being raised in cases throughout the country with mixed results. In,
Tennessee Tornado Terror and The Insurance Claim Aftermath, I noted that Tennessee recently ruled labor will not be deprecated for tornado policyholders. So, what would be the result if those tornados had gone slightly east and hit North Carolina? Does North Carolina allow insurance companies to depreciate labor of a structure to arrive at actual cash value?
Continue Reading Does North Carolina Allow Depreciation of Labor When Determining Actual Cash Value?