I recently posted about a court in Minnesota permitting the insured to seek the Replacement Cost Value (“RCV”) of its loss even though the property had not been repaired or replaced during ligation delays. Earlier this month, the Florida 11th Judicial Circuit for Miami-Dade County offered the Florida perspective on the subject.1
Continue Reading Florida Law on Post-Loss Obligations and the Recovery of RCV Benefits
Loss payees are supposed to be included on payments of claims checks. Depending on the language of the loss payable clause, that might be the only right a loss payee has.
Continue Reading What Are the Rights of a Simple Loss Payee?
One of the basic duties which public adjusters are supposed to accomplish for their policyholder clients is to evaluate the amount of damage and properly file a proof of loss if one is required. I was thinking about this while reading a fairly recent Florida case1 where a public adjuster failed to file a proof of loss on behalf of the policyholder despite the insurance company demanding one in writing. This failure to file a proof of loss cost the policyholder an otherwise valid claim.
Continue Reading Public Adjusters Owe a Duty to Properly Comply with Proof of Loss Requirements
With every coverage afforded under a property insurance policy, there comes a laundry list of conditions that attach for the policyholder to be able to recover. These are usually called something along the lines of “Post Loss Obligations” or “Duties After Loss.”
Continue Reading Failure to Comply with Post-Loss Obligations: Affidavits by Themselves May Not be Enough to Win Summary Judgment Under Florida Rule 1.510
The answer by most readers to the question posed is “Of course Chip! Just because a property is damaged does not mean that the policyholder cannot sell the damaged property.” Well, not so fast my nerdy insurance coverage and claims friends.
Continue Reading Can a Policyholder Sell the Damaged Property After a Loss?
After having suffered a dish washer leak to their home, policyholders submitted a claim to their insurance company. The insurance company sent the policyholders a Reservation of Rights letter requesting a signed, sworn proof of loss within 60 days. The homeowners failed to meet this deadline and submitted their sworn proof of loss after the insurance company filed a complaint for declaratory judgment and material breach. The trial court entered a final summary judgment for the insurance company based upon the failure of the insureds to comply with their obligation to provide a sworn proof of loss, and the policyholders appealed.1
Continue Reading Late Filed Proof of Loss – Does Delay Result in Denial?
Insurance policies impose a duty on insureds to cooperate with the insurer’s investigation of a claim. An insured’s duty to cooperate encompasses the insured’s obligation to appear for an examination under oath (“EUO”), if requested, and to provide documentation verifying the loss. “Cooperation clauses” generally have been held to be material provisions of insurance policies with compliance therewith a condition precedent to coverage.
Continue Reading Can My Insurance Company Deny My Claim For Failure to Cooperate With Its Investigation?
An insured should be mindful that the same term in one homeowners insurance policy can have a different interpretation in another homeowner’s insurance policy. Goldberg v. Universal Property is a prime example of such a case.1
Continue Reading Be Mindful of Differing Policy Terms and Definitions
While appraisal can be used by an insurance company as a method of delaying claims and avoiding complete payment, there are circumstances when entering appraisal is in the best interest of the insured. Whatever the reason for seeking this cost-efficient procedure, it is important to consider what the courts view as prerequisites to utilizing their discretion to compel appraisal.
Continue Reading How to Force an Insurer into Appraisal in Florida – Satisfaction of Post-Loss Obligations
After a catastrophe such as Hurricane Laura, it is common that policyholders may not have a full copy of their insurance policy. Often the only policy document they may have in their possession is the Declaration Page showing a summary of the insurance benefits available to them. Though helpful, a full policy is necessary to inform the policyholders of their rights and duties under the insurance policy.
Continue Reading Hurricane Laura Recovery: Policyholder’s Duties After a Loss