Rene Sigman of Merlin Law Group has been appointed to an elite group of attorneys and judges working on Model Case Management Orders designed to streamline insurance cases following natural disasters. The Institute for the Advancement of the American Legal System issued a press release which stated in part: IAALS, the Institute for the Advancement … Continue Reading
Although Superstorm Sandy occurred over five and a half years ago, FEMA is still issuing bulletins regarding flood insurance coverage issues. The most recent bulletin addresses Increased Cost of Compliance (“ICC”) coverage.… Continue Reading
On January 10, 2017, Matthew Pappalardo, former director of HiRise Engineering of Uniondale, New York, pled guilty to the unauthorized practice of engineering as a result of fraudulently changed engineering reports for Superstorm Sandy flood victims.… Continue Reading
When FEMA initially announced the Hurricane Sandy claims review process it gave a gleam of hope to those policyholders who had been wronged in the past. However, now over eight months into the program, that gleam of hope has turned into stress and frustration. Once again policyholders find themselves at the mercy of a government … Continue Reading
Eighty percent. Depending on what you are talking about 80% can be a very large number. When you are talking about the percentage of storm victims that were underpaid on their flood insurance claims, the number becomes unthinkable. Still, that’s the number cited by FEMA and quoted in a recent article published by NPR. In addition … Continue Reading
I wish I didn’t have to write this blog. I say that because although we are the Policyholder’s Advocate, and I’d rather blog about policy issues, case law, and statutes—not about impartiality or fraud regarding a government agency’s handling of the Sandy Review Process. However, these topics are pertinent to the field of law and … Continue Reading
I just finished giving a presentation about insurance contract interpretation at FAPIA’s fall conference, and it seemed very well received. It takes a special passion to keep people on the edge of their seats talking about such a nerdy topic.… Continue Reading
While we are all preparing for the possibility of Hurricane or (hopefully) Tropical Storm Joaquin hitting the tri-state area, many east coast residents are still recovering from Superstorm Sandy. To assist people who missed the previous September 15th deadline, FEMA has now extended the deadline to re-open your Sandy claim to October 15th. Additionally, the … Continue Reading
In most first-party property insurance disputes, experts are frequently required to provide opinions and testimony on the cost to repair a property. An insurance company will often seek to exclude an insured’s expert on the basis that the opinions are not reliable because the expert did not personally inspect the property.… Continue Reading
On August 13th, Governor Cuomo asked U.S. Housing and Urban Development Secretary Julian Castro to waive the Duplications of benefits regulation for homeowners affected by Superstorm Sandy. Duplication of benefits arises when a policyholder is paid for their property loss from one source (ie insurance carrier or government run program) and receive additional funding from … Continue Reading
Brad Kieserman is a leader. He took over a National Flood Insurance mess caused by others previously overseeing the National Flood Program and changed the culture. Unfortunately, the Red Cross hired him away and the old bureaucratic guard is back in place.… Continue Reading
In the Supreme Court of the State of New York for the County of New York, the Honorable Barbara Jaffe, granted defendants’ Arch Insurance Group and Arch Specialty Insurance Company’s motions, dismissing them from a Superstorm Sandy claim on August 13, 2015.… Continue Reading
Friday was the last day the special Superstorm Sandy docket in Ocean County New Jersey was under the authority of Judge Robert Fall. Anybody writing the history of Superstorm Sandy litigation would be remiss to not credit Judge Fall for resolving and moving a very large docket of Superstorm Sandy insurance cases.… Continue Reading
I have been following this case from Hurricane Sandy in the New York Federal District Court for a few posts now and the most recent activity may be a derailment of the $1 billion damage claim from Sandy. I do not like having to report on such situations as it can mean that a policyholder … Continue Reading
When there is $1 billion involved in a Superstorm Sandy insurance coverage battle, you can bet your bottom dollar there is going to be some gamesmanship in court by the insurance carriers with skin in the game. This has proven true in a New York federal case involving Amtrak and a list of insurance carriers … Continue Reading
Starting on May 18th and over the following weeks, policyholders that had flood insurance through a WYO carrier or a FEMA direct policy that submitted claims for Superstorm Sandy will receive a letter in the mail asking if they want to reopen their claim for review. This “claims review process”—created by FEMA—will give policyholders who felt … Continue Reading
Floods do all sorts of damage. One aspect of damage often overlooked is when the flood removes property from one property owner’s land and deposits it on another’s land. Depending on where your property is located and the severity of the flood event, the debris on the policyholder’s property can be extensive and expensive to … Continue Reading
“Your government failed you.” These were the words spoken by Senator Bob Menendez during his opening comments of the Sandy Task Force meeting in Washington, DC on April 28, 2015. The purpose of the task force, according to Menendez, will be to bring justice to Sandy survivors and to fix the claims process for future … Continue Reading
Well it appears that this may be the last post in this series about national flood coverage of non-owned debris removal / boat in my front yard case. On Friday, April 17, 2015, the U.S. Court of Appeals for the Third Circuit denied the policyholders’ Petition for Rehearing.1… Continue Reading
Brad Kieserman has taken swift and bold action regarding Superstorm Sandy National Flood Insurance claims. In a filing made this morning in Superstorm Sandy litigation, a March 5, 2015 letter from Kieserman indicates that FEMA—rather than the WYO flood carriers—is calling the shots:… Continue Reading
Nicole Vinson‘s post State Farm Sued for Fraud for Katrina: More Altered Engineering Reports Alleged, a recent filing by my co-liaison counsel Steve Mostyn, and one by Javier Delgado, prompted me to write about how groups of people with power can dictate an unethical claims culture biased and driven to pre-determined outcomes. I strongly encourage those … Continue Reading
Superstorm Sandy litigation revealed altered engineering reports concerning damage to homes ravaged by the storm, and now allegations of altered engineering reports are surfacing.… Continue Reading
There has been some further activity to report in the flood non-owned debris, boat in my front yard case. This topic peaked my interest in the wake of Super Storm Sandy, and is my fourth update on the case. Often there will be debris scattered all around people’s yards following a flood event, especially one … Continue Reading
Hurricane Sandy flood insurance cases are currently stayed in the Eastern District of New York until April 30, 2015, in order to allow the parties to focus on settlement discussions. The Hurricane Sandy Committee held a conference on April 14, 2015. . .… Continue Reading