In a first-party property insurance dispute, a property owner may seek to have a lay witness or expert witness testify that the value of his or her property diminished in value as a result of the loss.… Continue Reading
I recently came across an interesting opinion, Fuller v. Mercury Insurance Company of Georgia,1 where the Eleventh Circuit Court of Appeals discussed the effect of a guilty plea on a policyholder’s civil action against their insurance carrier. The opinion stemmed from a residential fire loss and the insured’s subsequent claim for benefits under her homeowner’s … Continue Reading
A question posed during the Georgia Association of Public Insurance Adjusters (GAPIA) Conference was: Who pays for the cost of the construction workers safety equipment?… Continue Reading
We’ll let the jury decide. Policyholders must meet post-loss obligations under their property insurance policy prior to receiving coverage for a loss. A common condition precedent requires policyholders to provide prompt notice of the loss to their carrier. The carrier must be able to conduct a reasonable investigation of the property conditions as close to … Continue Reading
I’ve previously discussed Georgia’s bad faith demand requirements in Georgia Unfair Claims Handling. A recent Georgia appellate court opinion1 highlights how strictly OCGA § 33-4-6 is construed by the courts.… Continue Reading
A court in Georgia found coverage for a loss based on the presence of a semicolon. In the case Lee v. Mercury Insurance Company,1 the court found coverage for a home destroyed by fire based on the potential ambiguity created by a semicolon.… Continue Reading
Now is the time to make plans and register to attend the Georgia Association of Public Insurance Adjusters’ 2017 Spring Conference. The GAPIA conference will be held on May 2, 2017, at the Cobb Galleria Centre in Atlanta. You can register for the conference by clicking here.… Continue Reading
At the request of another one of our readers, this week we are going to take a look at Assignment of Benefits (“AOBs”) in Georgia and how they are handled there.… Continue Reading
Chip Merlin and I will be speaking on behalf of the Merlin Law Group at the Fall Georgia Association of Public Insurance Adjusters Meeting on October 4, 2016, at the Cobb Galleria Centre in Atlanta.… Continue Reading
We know an insurance company has submitted to the Texas Department of Insurance (“TDI”) a policy that requires mandatory arbitration in the event of a dispute on a claim. TDI won’t disclose which carrier submitted the new policy form or provide a copy of the proposed form on the basis of “trade secrets”… a response … Continue Reading
Some losses are not as readily apparent to policyholders as a fire or significant water loss. The policyholder may not discover the damage until days, weeks or months after the loss occurred. This can often be the case for hail losses to roofs. However, when the policyholder gives notice weeks or months after the loss, … Continue Reading
Devoting just one day to continuing education can make a big impact on your skills. The Georgia Association of Public Adjusters is having its Spring Conference next week. The meeting is open to licensed public insurance adjusters. You don’t have to be a GAPIA member to register.… Continue Reading
This question was recently posed to my firm from an appraiser in Georgia. Unfortunately, there is no clear answer. I have to respond with the typical lawyerly answer of “it depends.”… Continue Reading
When submitting a claim to an insurance company, a policyholder has certain obligations that must be followed. The insurance policy contract lists the obligations. The policy document was written by the insurance company and approved (most of the time) by the insurance regulatory agency for the state where the property is located. Insurance contracts are … Continue Reading
An insurance appraisal award will typically not be vacated unless it clearly appears that it was made without authority or was the result of fraud, mistake or misfeasance of the appraisers. An appraiser is expected to provide an independent and unbiased opinion on the value of a loss. The persons appointed as appraisers must be … Continue Reading
It is commonplace for settlement negotiations between a policyholder and their insurance company in a property damage claim. Policyholders need to be aware that the money on the table can often be negotiated if it is done right. Policyholders need to make sure they know that the valuation done by the insurance company is an … Continue Reading
Streaming live from Merlin Law Group! Join us on Friday, June 19, for the next webinar of the year. In this series on Hot Topics for Georgia Property Damage Claims, Nicole Vinson will host the webinar live. Each session will include a 30 minute presentation and 15 minutes of questions and answers. This Friday’s … Continue Reading
There is still time to register for the Georgia Seminar on Tuesday, May 12, 2015. The Georgia Association of Public Insurance Adjusters (GAPIA) is hosting their annual conference at the Cobb Galleria in Atlanta. Click here to register online. Click here for a detailed agenda, including the educational presentation topics.… Continue Reading
Be sure to join Merlin Law Group at the May 12, 2015 GAPIA Conference. GAPIA—Georgia Association of Public Insurance Adjusters—will host this annual conference at the Cobb Galleria in Atlanta.… Continue Reading
I recently received my license to practice law in Georgia and a common question I am asked is whether the insured’s claim is being handled in “good faith” by the insurance carrier and whether an action for unfair claims handling is appropriate.… Continue Reading
This week, it was incredibly rewarding and very much an honor for me to raise my right hand and swear to uphold the Oath of Attorney Admission for the State of Georgia. Earning the right to be a member of the Georgia Bar is something that I am very proud of and delighted to share … Continue Reading
