Many Coloradans suffered damages due to the horrific hail storm on June 6, 2012. One person said it looked like Christmas in June because the golf ball size hail was so big and thick that it looked like snow. Numerous homes and buildings were bombarded by hail and severely damaged. Some people filed claims with their insurance company and were fully paid for their damages. Others were not so fortunate, so now is the time to act. The statute of limitation for many claims is June 6, 2014 – meaning that if you are going to file suit against your insurance company, you must do so by that date or you may forever lose your chance to get the money you are due.


Continue Reading Hail yes we’ll meet the June 6th deadline – Will you?

In practically every insurance policy, a policyholder is required to give prompt notice of the claim before the insurance company has any responsibility to act on the claim.

What happens if the policyholder substantially delays in giving notice of the claim, or in some circumstances, fails to give notice altogether? Is the policyholder’s claim automatically barred or forfeited?


Continue Reading In Arizona, Delayed Notice of a Claim Does Not Necessarily Nullify Coverage

When pursuing a claim with your insurer you should make sure the person you choose to assist you has the proper license to represent you. For property owners looking for help to file a claim it can be difficult to know exactly who has the right to speak to the insurance company on their behalf. It’s understood that an attorney can represent you in any aspect of your claim but licensed public adjusters are able to assist prior to a denial. In Texas, you can’t just have any one representing your interests to the insurance company. You need a licensed attorney or licensed insurance adjuster to have it done the right way. Thankfully, Texas courts have made rulings and statutes have been enacted to assist the public with making sure they are represented and their rights are protected.


Continue Reading Do People Need a License to Represent Me on My Insurance Claim?

I previously discussed the increasing number of “for sale” signs along the New Jersey Shore in Recovering Replacement Cost After Selling Unrepaired Property. Unfortunately, many of these homeowners are not able to sell their properties and are forced to default on their mortgages. Lately, a frequent question from insureds is, “what happens to my property insurance claim if my home goes into foreclosure?”

Continue Reading What Happens to Your Property Insurance Claim After Foreclosure in New Jersey?

Chip Merlin wrote about water losses earlier this week in his post, A Reasonable Investigation of a Water Loss Requires Using Tools to Find the Damage. One tool that adjusters should be using on all claims is the wonderful gift of vision. Adjusters can’t ignore damage by turning a blind eye but all too often this is exactly what we find in litigated claims. Larry Bache also wrote about this topic in his post, Are You Aware of Your Insurance Company’s Obligations When You Report a Loss? You May Be Surprised.


Continue Reading Yes, Your Insurance Company Does Have A Duty to Investigate the Loss to Your Home or Business

The United States District Court for the Eastern District of New York (“EDNY”), in an effort to more efficiently administer the multitude of insurance coverage cases involving Hurricane Sandy claims, entered an Order on January 10, 2014, directing the Clerk to open a “Miscellaneous Civil Case” for all actions seeking insurance coverage for damages caused by Hurricane Sandy. The Miscellaneous Civil Case is titled: “In Re Hurricane Sandy Cases” and the EDNY Case Number is 14 MC 41.


Continue Reading New York Federal Court Creates Miscellaneous Civil Case for Administration of Hurricane Sandy Claims

A recent situation reminded me of an often overlooked and underutilized legal gem – the innocent co-insured doctrine. This blog post is aimed at reminding policyholders and policyholder advocates of this doctrine, which could breathe life into a claim that, at first blush, seems untenable due to the alleged misconduct of one of multiple named insureds.


Continue Reading Innocent Co-Insured Doctrine

In my previous blog post I discussed how the law in New York currently applies to first-party “Bad Faith” claims – in particular those involving disclaimer of coverage. In this week’s blog I will look at the law in New York as it applies to certain claims practices, specifically what has come to be known as “low balling.”


Continue Reading Bad Faith and the practice of “Low Balling” – Bad Faith in New York, Part 2