Americans hate to be told that we cannot do something. I think it is just in our DNA. Since the time we are little, we are taught to “never let somebody tell you that you cannot…..” Name the dream you want to accomplish because, in America, you can do it.
Continue Reading Adjusting and The Unauthorized Practice of Law—Thoughts About What Public Adjusters Can Do in Alabama

Brian Goodman is the very able General Counsel for the National Association of Public Insurance Adjusters. He also worked tirelessly to get public adjusting licensed in Alabama. He has properly corrected me that public adjusting is not “illegal” in Alabama. Mark the time, I am making a correction to this morning’s blog.
Continue Reading Stop the Presses and Mark the Time—Chip Merlin, The Wizard of Something, May Be Wrong!!!

Friday at 2 With Chip is going to be interesting today. The Executive Director from FAPIA, Nancy Dominguez, sent me a State Farm policy that I have confirmed was the policy used in an appraisal in Florida. Here is the relevant language:

Appraisal. If you and we fail to agree on the amount of any loss under SECTION 1-PROPERTY COVERAGES, either party can demand that the amount of the loss be set by appraisal. A demand for appraisal must be in writing. You must comply with SECTION I – CONDITIONS, Your Duties After Loss before making a demand for appraisal. At least 10 days before demanding appraisal, the party seeking appraisal must provide the other party with written, itemized documentation of a specific dispute as to the amount of the loss, identifying separately each item being disputed.
Continue Reading New Requirements for Being a Property Insurance Appraiser—Are Insurers Going to Change Appraisal With New Policy Language?

The above photo is of Kaye Beneke, Justin Skipton, and Kalon deLuise, taken while we prepared for a session regarding claims ethics for next Monday’s joint session hosted the Texas Association of Public Insurance Adjusters (TAPIA) and the Rocky Mountain Association of Public Insurance Adjusters (RMAPIA).
Continue Reading Welcome to The Twilight Zone! Texas and Rocky Mountain Public Adjusters Hold a Joint and Virtual Property Claims Training Next Week

The National Flood Insurance Program (“NFIP”) permits an insured to file a supplemental Proof of Loss that adds or changes an earlier submitted version. To be valid, the supplemental Proof of Loss must be filed within 60 days of the loss. No exception allows the insured to submit a supplemental Proof of Loss after the 60 days, even if the insured later determines that the flood damage it sustained exceeds the amount stated in the original Proof of Loss.
Continue Reading Can an Insured Submit a Supplemental Flood Proof of Loss If the Insurer Has Already Paid the Initial Proof of Loss?

Insurance claims education is important for everybody in the property insurance claims business. Insurance restoration contractors, independent, company and public adjusters, as well as insurance defense and policyholder attorneys should be constantly learning so we can serve the public trust and make the insurance claim business work to fulfill the public’s expectation. “Insurance serves the public trust” is a statement of law found in most states, including Louisiana.
Continue Reading Can Chip Merlin Answer 21 Hurricane Laura Claims Questions in 15 Minutes? Watch Friday @2 With Chip Merlin to Find Out

On Monday, I was writing a cease and desist letter to a young and naïve commercial business development person working for a contractor who was using our firm’s name to promote his business and wrongfully indicating that we were part of a “team.” Already aggravated, I kept getting interrupting text messages from public adjusters asking whether public adjusters could solicit claims for attorneys.
Continue Reading Public Adjusters and Those Directly Soliciting Insurance Claims on Behalf of Attorneys Are Committing a Crime and Can Go to Jail Along With the Attorneys

Note: This guest blog post is by Holly Soffer, Esq., a policyholder attorney and General Counsel to the American Association of Public Insurance Adjusters.

Great food, friendly people, charm, and character all combine to make Louisiana wonderfully unique. What also makes Louisiana unique is its set of laws. Historically, Louisiana law is largely based upon the Napoleonic Code, instead of the English common law, as is the rest of the U.S. The public adjuster law is no exception.
Continue Reading Public Adjusting in Louisiana