United Policyholders has sent a letter to Florida Governor Ron DeSantis calling on him to oppose the current pending legislation founds in SB 76 and HB 305. Here is part of the letter written by Amy Bach to Governor DeSantis:
Continue Reading United Policyholders Calls on Governor DeSantis to Oppose Harmful Bills to Florida’s Policyholders
Since 1991, United Policyholders has been a voice for policyholders and an organization that has taken action in legislative, judicial, and consumer venues to assist policyholders and promote policyholders’ best interests. One example is their Amicus Project. They have written appellate briefs in 42 states and in more than 450 cases. United Policyholders briefs have been cited by numerous state supreme courts and the United States Supreme Court. Last week, United Policyholders filed an amicus brief in the Mama Jo’s case. The case and the Petition for review to the United States Supreme Court was recently discussed by Iris Kuhn in, Restaurant Asks U.S. Supreme Court to Hear Appeal of Eleventh Circuit’s Ruling on “Direct Physical Loss.”
Continue Reading United Policyholders Notes How the Mama Jo’s Case Was Wrongly Decided and Now Harming Proper Legal Analysis of Business Interruption Coverage Cases
This year, United Policyholders celebrates a tremendous milestone – 30 years of successfully providing information to and advocating on behalf of policyholders nationwide.
In their own words:
United Policyholders (UP) is a non-profit 501(c)(3) organization whose mission is to be a trustworthy and useful information resource and an effective voice for consumers of all types of insurance in all 50 states.
Continue Reading United Policyholders: A Brief Look Back at the Past 30 years
One of the most painful decisions I have to make as an attorney in private practice is turning away potential clients because the cost of litigation dwarfs the value of their claim. I am certain that the public adjusters I know experience the same pain. But it is inevitable in the private sector, at least in states that lack consumer-friendly automatic attorney-fee laws, like California, where I practice. But no matter where you are, the number of mistreated policyholders vastly exceeds the caseload capacity of capable bad faith attorneys and public adjusters. I try to at least offer helpful tips to those I can’t formally represent, but I know that is often not enough.
Continue Reading Just Because You Can’t Get a Lawyer or Public Adjuster Does Not Mean You Are Out of Options
The term “replacement cost policy” is a misrepresentation by many insurance companies about the product they are now selling. Insurance regulators should not allow the general public to be duped into buying something which is obviously not what the insurance company is promising. Accordingly, I propose that we should consider that unless minimum standards within a policy are met, insurance companies selling any all-risk replacement insurance are required and must warn that they are selling a Non-Standard Non-Replacement Cost Policy. Insurance products that are deemed to be Replacement Cost Policies in the residential market should at least meet the criteria found in mortgage requirements for federal negotiable mortgages.
Continue Reading Homeowners Insurance Policies Differ—The Need For A Standard vs. Non-Standard Replacement Cost Policy Designation
Matching of damaged parts of a building is nothing new. This “Give Me Your Walls” episode from the classic Dick Van Dyke Show demonstrates a typical concern most property owners have about the aesthetics of matching property:
Some insurance companies are now selling “swiss cheese” and “cheap” insurance because they specifically say they will
The litigation trickle regarding coronavirus coverage issues is turning into a flood as lawsuits seem to be filed every day and in many different jurisdictions. United Policyholders has established a COCID-19 Loss Recovery Advisory Team which included a stellar panel of insurance attorneys including Merlin Law Group attorney Ed Eshoo:
COVID-19 Loss Recovery Advisory Team
John Buchanan, Covington & Burling (DC)
John Ellison, Reed Smith (PA)
Edward Eshoo, Merlin Law Group (IL)
Peter Kochenburger, UConn School of Law (CT)
Lorelie S. Masters, Hunton Andrews Kurth (DC)
Jason Mazer, Cimo Mazer Mark (FL)
Sherilyn Pastor, McCarter & English, (NJ)
Holly Soffer, Kellis Soffer, Counsel to the American Association of Public Insurance Adjusters (PA)
Continue Reading United Policyholders in the Lead Regarding Education of COVID-19 Loss Recovery and For Policyholders
Shane Smith wrote about a big policyholder win against Allstate in this weekend’s post, Another Court Ruling on Improper Depreciation of Labor. Today, the same Court of Appeals ruled the same way against State Farm.1
Continue Reading Hot Off the Insurance Law Coverage Press—DO NOT DEPRECIATE LABOR TO ARRIVE AT ACTUAL CASH VALUE!
On March 18, 2020, the Sixth Circuit Court of Appeals issued its opinion in Perry v. Allstate Indemnity Company,1 ruling as a matter of law that it was improper for Allstate to depreciate labor costs.
Continue Reading Another Court Ruling on Improper Depreciation of Labor
The comments, posts, and articles about whether property insurance coverage benefits will exist are all over the place on the internet. An example of two opposing views come from Georgia’s Insurance Commissioner versus the advice from United Policyholders.
Continue Reading Coronavirus Insurance Coverage Update—United Policyholders Says Do Not Give Up While Georgia Insurance Commissioner Suggests Do Not Waste Your Time