In the many catastrophes in which we have educated and assisted policyholders in understanding their rights, obligations, and benefits under their policies, we have never seen or heard of insurer non-response like we have in Louisiana after Hurricanes Laura and Delta.
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Louisiana Insurance Commissioner Issues Bulletin on Statutory Extensions for Proof Of Loss And Replacement Cost Coverage Deadlines
Last October we pointed out the alarming number of Louisiana insurers adding to the grief of Hurricane Laura insureds by requesting Proofs of Loss within 60 days and repairs to be completed within 180 days in order to receive replacement cost benefits under their policies. We also sent correspondence to Louisiana’s Insurance Commissioner, James J. Donelon, requesting an Advisory Letter be sent to Louisiana insurers reminding them of Louisiana’s statutory extensions for Proofs of Loss and Replacement Cost Coverage deadlines. On February 11, 2021 Louisiana’s Insurance Commissioner issued Bulletin 2021-02:1
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Incorrect Information Within Proof of Loss Not Enough To Void Insurance Policy
My Red Bank colleague, Dan Ballard, and I recently gave a presentation about Misrepresentations & Mistakes at the 2020 Fall Conference of the Professional Public Adjusters Association of New Jersey (PPAANJ). During that presentation, I discussed New York case law providing that a homeowners insurance policy may be voided if the insured willfully and fraudulently places in the proof of loss a statement of property lost which the insured did not possess, or places a false and fraudulent value upon the articles which the insured did not own.
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Storm Eta Leaves a Flood Claim Hangover and Do Not Forget Lake Charles — Tune In For Friday at 2 PM
Hurricane and Tropical Storm Eta has left a flood claims hangover from Florida throughout the Carolinas. Since the National Flood Insurance program administrators appear to be stingy and failing to watch out for their fellow Americans by not granting flood proof of loss extensions, policyholders need to get started properly filing their claims right away.
Continue Reading Storm Eta Leaves a Flood Claim Hangover and Do Not Forget Lake Charles — Tune In For Friday at 2 PM
Is an Insured Limited to the Amount in a Rejected Proof of Loss?
In an insurance dispute, there sometimes comes the question: Am I (the policyholder) limited to the amount submitted in my proof of loss, after it is rejected by the carrier?
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Louisiana Catastrophe Related Deadlines Extensions: Filing Proof Of Loss and Replacement Cost Coverage
In recent weeks we have been hosting seminars and community events in Lake Charles, Louisiana to educate policyholders of their potential rights and obligations under their insurance policies. Along with the concern that most insureds do not yet have a copy of their full policy—including all forms and endorsements—to guide them through the process, is that those insureds who do have copies of their policies may be misled by the standard terms and provisions of their policies.
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Can an Insurance Company Include a Release in a Proof of Loss Form?
In New York they can! I’ve fielded many calls from public adjusters who are worried their client will be waiving their rights to further pursue insurance proceeds if they sign the proof of loss sent by the insurance carrier or cash the check issued by the carrier. The short answer to those questions is…it depends.
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Proofs of Loss: Insurers Must Also Comply With Policy Provisions
I recently defeated an insurance carrier’s Motion for Summary Judgment in Maryland pertaining to an insured’s alleged failure to comply with policy conditions—specifically, failure to file a timely Proof of Loss.
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Misrepresentations and Proofs of Loss in New York
(Note: This guest blog is by Kathryn Ray, a Summer Law Clerk in our Tampa office)
When sustaining property or casualty damage and after filing a claim with an insurance company, the insurance company may then request a proof of loss. A proof of loss is defined as “a policyholder’s statement of the amount of money being requested, signed to and sworn to by the policyholder with documentation to support the amount being requested.”1 In New York, if an insurance company gives the insured a written notice, after a loss, requesting a proof of loss the insured shall then have 60 days after receiving this notice to comply with the insurance company’s request.2 This compliance period to provide the insurance company with a proof of loss may also be longer than 60 days if the insurer specifies so in their written notice.3
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Notice of Loss and Proof of Loss Laws in Arizona
Similar to other states, Arizona legislation and case law creates perimeters around Notice of Loss and Proof of Loss requirements by insurance companies.
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