In a Puerto Rico Hurricane Michael case involving a Zurich Insurance Company providing a policy to a Louisiana policyholder, an alleged delayed payment resulted in attorneys for Zurich arguing that they could delay owed payments for various excuses. The first issue was what a proof of loss meant under Louisiana law.
Continue Reading Proof Of Loss is Different Under Louisiana Law—Should You Be Insured by a Slow and Underpaying Insurance Company?

Zurich Insurance Company has a new web site, Zurich HelpPoint Windstorm. Zurich’s risk engineering and claims groups recently unveiled a micro-web site which provides Zurich customers and distributors with tools and information to help them prepare for, and recover from, “windstorm” events in North America. Some insurance company attorneys have been arguing that a “windstorm” is only the “wind” part of a hurricane and not the entire tropical cyclone that has wind, storm surge, and everything else that causes damage from a tropical windstorm. Their clients know better, but it does not prevent defense attorneys from arguing this unsupported bad faith position.


Continue Reading The Insurance Industry Recognizes Hurricanes are “Windstorms”–An Important Admission

After yesterday’s post, “Leading Insurance Academic Proves State Farm Accepts "Reasonable Expectations" of Insurance Coverage,” I received an email from Jim Fortson, a marketing consultant who is married to our firm’s Managing Attorney, Mary Fortson. Jim is always reviewing ads and marketing information to keep informed of current trends. I get many ideas for my blogs from readers like Jim, and thought I would share his with you.


Continue Reading Insurance Advertisements Stress an Expectation of Coverage and Service

The insurance process works pretty well most of the time, with most claims resolved in a more or less acceptable manner. Most insurance company adjusters want to get the full amount of benefits to customers as quickly as possible, have the claim closed, and get a fair paycheck for their work. Most insurance company adjusters are initially taught good faith obligations of claims performance. There are a number of insurers and insurance company attorneys who truly seem to be engaged in good faith claims teaching, discussion, and review of problem cases. They try to get even bad faith claims resolved fairly and quietly.


Continue Reading Wrongful Claims Practices For Which Insurers Should Be Punished (Part Two)