On May 24, 2019, The Oklahoma Insurance Department issued Amended Bulletin No. 2019-Exec-01, protecting victims of severe weather in Oklahoma.… Continue Reading
The South Oklahoma City Chamber of Commerce gave Merlin Law Group a wonderful ribbon cutting ceremony celebrating the Grand Opening of our new Oklahoma City Office. Drew Houghton, Larry Bache and I were thrilled by the outpouring of wishes for success. I am certain that insurance companies delaying, denying and underpaying Oklahoma claims are not … Continue Reading
Most states follow the “American Rule” when it comes to litigation. In other words, absent a specific statute or contractual provision to the contrary, each party pays their own legal costs and fees. However, the Oklahoma legislature passed, and on May 10, 2017, the governor signed into law, a bill which, in essence, abolished the … Continue Reading
I recently received a request to write about the claims handling guidelines in Oklahoma. Again, I plan to go through all 50 states, but if you have a burning desire to see your state sooner rather than later, speak up! In Oklahoma, the handling of insurance claims is governed by both statute and the administrative … Continue Reading
It is generally understood that a disagreement as to scope or cost of damages is not enough to rise to the level of bad faith in first-party property damage cases. However, a recent case out of the Western District of Oklahoma held that evidence of unreasonable underpayment of claim was sufficient to survive a 12(b)(6) … Continue Reading
In Redcorn v. State Farm Fire & Casualty Company,1 the insured’s roof was damaged by wind or hail. Although the policy did not define “actual cash value,” it contained an endorsement entitled Roof Surface Losses—Actual Cash Value Endorsement, which provided for roof surface repair and replacement coverage on an actual cash value basis: Roof Surfaces: … Continue Reading
When I get hired on property damage cases, part of the materials I receive from the policyholder, or the public insurance adjuster, is a full or partial denial letter in which the carrier fairly specifically sets out reasons and quotes policy provisions supporting the denial of coverage. If I am hired on a case and … Continue Reading
In Texas the general rule seems to be that either the insurance company or the policyholder may invoke the appraisal clause (before or after suit is filed). After the award both parties are generally bound by the award, unless they can prove the award was arrived at as a result of fraud or some other … Continue Reading
My last blog, The First Thing You Do Is Read the Policy, Part I: Limitations Clauses in Texas and the Spicewood Case, was the first in a series on “limitations clauses” in insurance policies. I imagined old Andy Griffith (à la Matlock) sitting around a cracker barrel in his blue seersucker suit telling young lawyers … Continue Reading
The severe weather that has battered Texas and Oklahoma over the last several days has been front page news nationwide. The unprecedented rainfall has created large-scale flooding and damage in the region. On Thursday, FEMA responded by issuing a memorandum extending the time to file a proof of loss for an additional 180 days.1… Continue Reading
Recently a reader came across my blog post discussing whether depreciation of labor is allowed in California when calculating ACV. In California, the answer is no. The reader wanted to know whether the same holds true for Oklahoma and, more specifically, on a roof replacement claim.… Continue Reading
In Gutkowski v. Oklahoma Farmers Union Mutual Insurance Company,1 the insurance carrier (Farmers) found that the policyholder’s roof warranted a complete replacement due to hail damage. Farmers only agreed to pay for the “direct physical loss to the composition shingles,” though, and not the “decking to which the composition singles were attached.”2 Farmers argued that, … Continue Reading
In this installment of my Oklahoma Coverage Series, I will address issues recently reported to us as being significant and frequent disputes between Oklahoma carriers and their policyholders relating to roof replacement claims.… Continue Reading
In a recent news article published in The Oklahoman, the headline trumpeted “Oklahoma Led Nation In Natural Disaster Insured Losses In 2013.”1 Based on reports we receive, though, it seems an accurate subtitle would have read “But Was It Enough?” In this first installment of my Oklahoma Coverage Series, I’ll take a look at some … Continue Reading
