Tag Archives: Total Loss

Total Loss and Constructive Total Loss in Florida

Total loss and constructive total loss concepts in Florida are often confused with automobile total loss situations and exclusions and coverages related to Ordinance or Laws. We recently were asked about building law and ordinances which required a building to be demolished per building codes. The cause of the damage was by a covered peril … Continue Reading

Policyholders May Benefit From All Their Coverages

Following the devastating damages from Hurricanes Harvey, Maria, and Irma, homeowners and businesses examined their insurance coverages to assist their recovery. For most people that have never needed to use insurance benefits, or had only small claims, these policies may have seemed like just another large expense every year that mostly protected the bank on … Continue Reading

What Constitutes a Total Loss in New Hampshire?

Eighteen states presently have "valued policy" laws which require insurance companies to pay the amount stated in the policy in the event of a total loss.1 In our state by state "Total Loss" series, we have covered each state with a "valued policy" law except New Hampshire and North Dakota. So, this week I will … Continue Reading

What Constitutes a Total Loss in West Virginia?

My last blog in the "Total Loss" series concentrated on the state of Virginia. This week, I am staying in the Appalachian Mountains and will focus on West Virginia. One historical tidbit about West Virginia–the state was formed during the American Civil War when it seceded from Virginia.1 I do not remember that from history … Continue Reading

What Constitutes a Total Loss in Rhode Island?

Many insurance professionals, including some members of Merlin Law Group, will be gathering in Warwick, Rhode Island next week (Oct. 21-23) for the First Party Claims Conference. Those attending the conference in Rhode Island will hear from speakers on various insurance claim topics and will be learn about recent developments in the insurance industry.… Continue Reading

What Constitutes a Total Loss in Colorado?

Colorado has been in the news for recent massive flooding that has ravaged many communities in the beautiful state. By some estimates, over 20,000 homes have been damaged or destroyed. I have clients who live in one of the flood affected areas, but thankfully they are okay and their home was spared heavy damage.… Continue Reading

What Constitutes a Total Loss in Nevada?

Two large wildfires have been raging in Nevada for over a week. The fires, both sparked by lightening, are near Reno (Bison Fire) and Las Vegas (Carpenter 1 Fire). Continuing with the state-by-state series on total loss standards, this week it I focus on Nevada since most total situations arise in fire losses.… Continue Reading

What Constitutes a Total Loss in North Carolina?

Nicole Vinson, my colleague in our Tampa office, has been working on some interesting cases in North Carolina. In continuing with the series on total loss standards, I noticed that the state of North Carolina has yet to be addressed. So this week we turn our attention to North Carolina.… Continue Reading

What Constitutes a Total Loss in Iowa?

In continuing with the series on total loss standards state by state, I looked at my map of the U.S. to determine what states have yet to be covered. This time, my eyes were drawn to Iowa. Of the states that hug the mighty Mississippi River, Iowa is the only state we have not blogged … Continue Reading

What Constitutes a Total Loss in Nebraska?

I am sure all of us have been watching the news and learning more about the destruction left behind by the tornadoes that devastated parts of Texas and Oklahoma. My colleague in our Houston office, Nyanza Moore, wrote an excellent blog offering helpful tips to those stricken by tornadoes and dealing with insurance claims. In … Continue Reading

What Constitutes a Total Loss in Pennsylvania?

In continuing with the series on total loss, this week I direct my attention to Pennsylvania, the “Keystone State.” This nickname was adopted based upon its central location among the original thirteen colonies and the number of important documents signed in the state during the early formation of this nation.1 Like many other states, Pennsylvania’s … Continue Reading

What Constitutes a Total Loss in Oklahoma?

In continuing with the series on total loss, this week I direct my attention to Oklahoma, nicknamed “The Sooner State.” If you ever wondered what a Sooner is, Sooner was the name given to settlers who entered the state before the land was open to settlement. Sooners were able to stake their claims ahead of … Continue Reading

What Constitutes a Total Loss in Montana?

Last week, I wrote about the standard used in determining a total loss in Washington. This week, I focus on Montana, Washington’s neighbor to the east. Montana has a “valued policy” statute similar to that of about 20 other states. The statute provides:… Continue Reading

What Constitutes a Total Loss in Washington?

My most recent post was inspired by contact from an attorney in Seattle, Washington. This week, continuing with the “Total Loss” series, I decided to stay in Washington. The state is appropriately nicknamed the “Evergreen State.” If you ever visit, you will see how green it really is. If you like trees and forests, Washington … Continue Reading

What Constitutes a Total Loss in California?

So far in our series of posts on total loss standards across the nation we have covered 20 states — mostly in the East and the South. I will be continuing the series through the remainder of the states. For now, what a better place to start than California — the most populous state in … Continue Reading

What Constitutes a Total Loss in Kansas?

This week I turn our look at the total loss standards across the Union to Kansas. I felt this was especially fitting as I have spent time recently looking into the musical Wicked after my father kindly purchased my wife and me a pair of tickets for its stop here in Tampa. For those of … Continue Reading

What Constitutes a Total Loss in Minnesota?

While sifting through case law this week in preparation for my blog, I stumbled across a great case discussing total loss from the Land of 10,000 Lakes. As we have seen several times before, Minnesota’s total loss roots are based in fire losses.… Continue Reading
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