Dear Residents of Tree Oasis,
I hope this blog post finds you in good humor, as it is with great delight that I address a matter of utmost importance to Florida residents and others residing amongst the seemingly innocent vertical beings standing tall and proud: TREES.
When an insured incurs expenses to prevent a potential loss, a situation arises that raises equitable and traditional insurance principles versus language not found in non-marine property insurance policies. This scenario, where the insured takes proactive steps to avert a loss that the insurer would have been liable for, raises a pivotal question: Should the insured be entitled to reimbursement for these preventative expenses?
Insurance customers buy insurance from agents to obtain the best coverage at the best price. A recent article in the July 2023 Rough Notes, The Fine Art of Contract Analysis, shockingly noted the current plague of policies being written incorrectly.
Continue Reading Insurance Agents Have a Duty to Read the Policies They Sell to Policyholders
Since I am racing my sailboat to Hawaii, it seems only fitting to research insurance contract interpretation law in Hawaii. A federal insurance law case involving an unusual sinking of a boat seems appropriate. There will be a few lessons from this case over the next few days. But we will start with the basics—how do courts in Hawaii interpret insurance policies?
The answer to this question is—in Florida, they do not or do not care.
The insurance journal reported that Florida’s Office of Insurance Regulation (OIR) approved a new roof coverage endorsement in Florida OIR Approves Roof Endorsements That Could Bar Non-Storm Claims. The endorsement reduces coverage and provides more reasons for denial of otherwise legitimate roof damage.
I once had three indoor black cats. One or two of them began to urinate on the furniture. After paying over $20,000 to replace the furniture, the cats became outdoor cats. Cat urine is simply foul smelling and cannot be tolerated.
Continue Reading Cat Urine That Smells Bad is Covered But Not Covid, Which Can Kill You
Ed Eshoo is a master of the statutory standard fire insurance policy. When I am involved with a complex issue involving statutory policy language versus issued policy language, I collegially call my Chicago-based friend for his thoughts. Three years ago, in Insurance Agent Versus Experienced Policyholder Attorney Viewpoints About Insurance Coverage Denials, I wrote:
Continue Reading Michigan Appraisals and Standard Fire Policies
A recent federal circuit of appeals decision1 is important to understand the current rules for interpreting an insurance contract in Florida. It started out with a very irreverent tone about insurance law:
Continue Reading Insurance Coverage Interpretation Rules in Florida
The United States Supreme Court has agreed to hear a case involving an insurance company that denied a claim under a maritime all-risk insurance policy because the policyholder failed to maintain fire extinguishers that were properly certified and tagged.1 Here is the quote about the facts from the insurance company in its petition to the Supreme Court:
One of the interesting aspects of my professional life is receiving information from readers of this blog, who alert me to new matters and changes to old matters. The texts, emails, and phone calls I receive are from folks who work with policyholders, insurers, and even capable insurance defense attorneys whom we fight in courtrooms throughout the country. I appreciate this and try to share much of this with you.
Continue Reading Order Overrules Louisiana Directive Outlawing Anti Public Adjuster Policy Language