Post-Loss Duties

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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?

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

Mick Jagger sang that “time is on my side.” That is not true when it comes to insurance policies. At 2 PM EST today, Merlin Law Group Attorney Larry Bache and yours truly will discuss those important and often overlooked time frames for repair and replacement required under insurance policies.…
Continue Reading Replacement, Repair and Law & Ordinance Time Frames—Do Not Miss Tuesday at 2 With Chip For a Discussion About Often Overlooked Time Frames

Insurance policies always have time deadlines to do something after a loss happens. The failure to follow these may prevent recovery. I will be discussing and answering questions about these policy time requirements over the next several weeks during our Tuesdays at 2 With Chip Merlin.…
Continue Reading Time Deadlines To Be Wary Of When Filing Property Insurance and Business Income Loss Claims—Do Not Miss Tuesday At 2 With Chip Merlin

One question I get asked by clients after a storm has damaged their home is: “Can I start making repairs?” This can be a difficult question as the real-world factors of cost, time, availability of materials, and labor are important considerations. It is also important to understand how repairs can affect your insurance claim as most residential insurance policies I deal with include what appear to be contradicting duties to mitigate and the duty to allow the insurance company to inspect.…
Continue Reading If I Start Making Repairs, Does It Affect My Insurance Claim?

In Florida, if an insured fails to meet a post-loss obligation, is it a complete bar to recovery? In a recent decision, the Third District Court of Appeal certified conflict with the Fourth District Court of Appeal and held that an insurer must be prejudiced by the insured’s non-compliance with a post-loss obligation in order for the insured to forfeit coverage.…
Continue Reading Is Failing to Comply With a Post-Loss Duty an Automatic Bar to Recovery?

When personal contents or business personal property are damaged or lost in a covered event, most policies require the policyholder to provide an inventory of the damaged or lost items to the carrier. But often, the carrier and the policyholder clash on the level of specificity required and whether the policyholder has submitted adequate proof of ownership or even the pre-loss existence of the listed items.…
Continue Reading Post-Loss List Created Solely From Memory Can Satisfy the Insured’s Duty to Furnish an Inventory