The genesis for this post is a jury trial that Merlin Law Group attorneys Mike Duffy, Jon Bukowski, and Larry Bache recently won. Jon Bukowski sent me a transcript of the closing arguments with a comment about Mike Duffy’s closing being “the best.”
Continue Reading Insurance Company Lawyer Tells Jury Insurance Companies Cannot Be Expected to Know Building Codes
Hurricane Ida claims in Louisiana are underway. Following Hurricane Laura, a number of Louisiana public adjusters complained about many insurance companies not speaking with them and simply ignoring their own policyholder customers. All adjuster and claims managers should read and follow a February 26, 2021, Bulletin1 from Louisiana’s insurance commissioner about what is expected of them regarding good faith claims handling and working cooperatively to help Louisiana policyholders.
Continue Reading Louisiana Policyholders Deserve Good Faith Treatment – Insurance Companies Cannot Ignore Public Adjusters and Should Communicate with Policyholders
Mississippi unfair claims practice law and bad faith actions are unique. Following Hurricane Katrina, I took the Mississippi Bar and represented hundreds of Mississippi businesses and residents with insurance disputes arising from Hurricane Katina. I was honored to represent the grandparents of my co-author in this blog post. As a kid, I lived for three years in Waveland, Mississippi. Merlin Law Group is still being retained on property insurance disputes in Mississippi. Since her interest in property insurance law started with our firm’s work in Mississippi, I look forward to working with Kathryn on those cases after she gets the results from her bar examination.
Continue Reading Understanding Mississippi Unfair Claims Practice and Bad Faith Cases Based on Delay
How Shifting Language Away from “Bad Faith” and Towards “Good Faith” Could Benefit Policyholders, is a post that should be studied. Insurance companies must be held accountable for harm caused when they fail to act in “good faith” and foreseeable damages occur to their policyholder. The standard has nothing to do with somebody or entity being “bad.” The post correctly noted:
Continue Reading Good Faith is What Insurance Claims Service Is All About—Tuesday @2 With Chip Talks About the Good Faith Claims Handling Standard
In the world of first-party insurance claims and litigation, we hear and use the term “bad faith” nearly every day. The term regularly arises when contractors, public adjusters, and attorneys are attempting to resolve a first party insurance claim pre-suit. Then, if litigation is necessary, bad faith often becomes a distinct claim made on behalf of policyholders. Because “bad faith” is a distinct claim in litigation, though, the term is inherently adversarial and, pre-suit, it carries an accusatory tone. It also carries different meanings based upon the state in which the claim arises, and in some states, proving an insurer’s bad faith through litigation is incredibly difficult as it may require proof of intentional dishonesty or oppressive conduct by the insurer.1
Continue Reading How Shifting Language Away from “Bad Faith” and Towards “Good Faith” Could Benefit Policyholders
A recent article addressing virtual adjustment of State Farm’s 34,000 broken pipe claims in Texas caught my attention. State Farm Adjusters Go Virtual as More Than 34,000 Claims Roll in for Texas Winter Storm, is worthy of consideration by all property claims adjusters.
Continue Reading Are Virtual Adjustments Better? Join Tuesday at 2 With Chip Merlin for a Discussion About New Claims Handling Trends
We should strive to be honest in our views, give credit where it is due, and be fair and balanced when making observations. Two sides to a story occur frequently and an underlying silent story about why things go awry is usually lurking upon greater investigation. Unlike Lexington Insurance Company, which I called out a week ago in, Lexington Slow-Pays Claims and Ignores Policyholders, GEICO Marine Insurance gets applause for adjustment of a claim in a well-done manner when things could have gone terribly wrong.
Continue Reading GEICO Marine Insurance Good Faith Claims Service—Being Fair and Balanced
The battle regarding insurance surrogates is being waged in Washington state. Many insurance companies want the Department of Insurance to allow unlicensed non-adjusters determine how much policyholders deserve to be paid. Here is the what the Washington Department of Insurance states is a legislative priority:
Continue Reading Insurance Surrogates and Insurers Delegating Those Duties Do Not Want Surrogates To Be held Accountable For Failing To Provide Honest and Good Faith Treatment In Washington
Within every contract, the parties involved in the relationship have duties and obligations they owe one another.
Continue Reading Caselaw, Statutes, and Treatises All Agree: Insurers Have a Duty to Fully and Thoroughly Investigate Each Claim in Good Faith
In 2007, a law became effective in Maryland that, for the first time, permitted insureds to sue their insurers for failing to act in good faith in settling their first party claims under a property insurance policy. The cause of action, which is found in Maryland Code § 3-1701, applies in actions to determine whether coverage exists under the relevant insurance policy, and also in actions to determine the extent to which the insured is entitled to receive payment from the insurer for a covered loss.
Continue Reading Insurance Bad Faith in Maryland: Part 1