Chomp, Chomp! Insurance Policies are designed to cover sudden and accidental loss and damage. Mary Wischusen, 77, believed that she had a suffered a sudden and accidental act of nature and that coverage would be afforded when a gator came crashing into her kitchen. This 11-foot alligator was not her domestic pet or a planned … Continue Reading
So, your property has suffered a loss and now you’re about to deal with the arduous insurance claims handling process. Stop right there. Before you do anything, get ready to document your experience. It will help you later on.… Continue Reading
California summers can get hot. To protect workers, the state requires employers to take extensive precautions. California’s regulations on heat safety are promulgated by the Department of Industrial Relations’ Division of Occupational Safety, which is often referred to as Cal/OSHA.… Continue Reading
After filing a claim, insurance companies will at times request a substantial amount of information, leaving many Coloradans feeling overwhelmed. However, a failure to respond to the requests (aka “failure to cooperate”), could cost an insured their owed insurance claim benefits. Recently the United States District Court, District of Colorado, discussed this issue in its … Continue Reading
With hurricane season fast approaching and the Texas Windstorm Insurance Association (TWIA) the largest insurer of coastal property in Texas, now is the time to address one of the most common questions I receive from clients and public adjusters. This blog has previously addressed how the TWIA statute works in Texas and the dual paths … Continue Reading
When I wrote my first blog on this site in 2009, I discussed proofs of loss at length. Since Hurricane Michael, these blogs have received a lot of traffic and discussion from people trying to navigate their way through the claims process. An issue that keeps coming up is whether a policyholder must comply with … Continue Reading
In my experience, one of the most misinterpreted property insurance policy provisions is the 180-day notice requirement to receive replacement cost benefits. Many in the property insurance industry interpret the provision to require actual repair/replacement within 180 days of the loss. Others interpret the provision to simply require notice within 180 days of the loss … Continue Reading
Appraisal provisions in property insurance policies are intended to provide an alternative dispute resolution process for resolving property insurance claim disputes involving the amount of loss. The amount awarded by the appraisal panel is, with limited exceptions, binding on both parties under the terms of the policy. While the appraisal process is intended to bring … Continue Reading
Due to changes in the Texas Insurance Code that went into effect in 2017, more and more first-party insurance cases are ending up in Federal Court. Now that we are entering the second full week of the government shutdown some of my clients are asking what happens with their cases.… Continue Reading
Merlin Law Group clients often have their insurance claim disputes settled with no lawsuit filed. Pre-litigation settlement is frequently in the client’s best interest. Sometimes, filing a lawsuit is the best alternative.… Continue Reading
My son, Chase, father, Bill, and I went to the Peach Bowl in Atlanta this past weekend to cheer on the mighty Florida Gators as they defeated the Michigan Wolverines. Afterwards, I was curious how alligators would fare in litigated property insurance cases and the results of my legal research were not so good for … Continue Reading
In March of 2017, I wrote a blog post about the crumbling foundations in Connecticut due to a concrete company, J.J. Mottes & Company, using concrete that contained pyrrhotite, that cause the concrete to lose integrity and collapse. Many insurance companies have been denying these claims for various reasons. One insured, Lawrence and Karen Cockill, … Continue Reading
Insurance lobbyist Scott Johnson is a bulldog advocate for the insurance industry. He usually is trying to make policyholders, their attorneys or anybody other than the insurance claims executives and adjusters look bad to support the insurance industry’s legislative efforts. I fell out of my chair when he described his own personal claim and why … Continue Reading
By Christopher Mammel and Tamara Chen-See on Posted in Insurance Claim
As policyholder attorneys, we frequently hear concerns from public adjusters that at the conclusion of a difficult adjusting process with an insurance carrier, a release was demanded in exchange for some agreed payment for the loss.1 Public adjusters cannot advise their clients whether the release is appropriate since that advice would constitute the practice of … Continue Reading
Hurricane Michael and Hurricane Florence are the most recent hurricanes which have left policyholders facing one of the most important decisions they can make—who will fix my roof? How do you go about choosing a roofer to fix a hurricane damaged roof? Are there common mistakes policyholders make when choosing a roofing contractor?… Continue Reading
During the recent Summer 2018 RMAPIA Conference, Larry Bache and I had an opportunity to discuss regulations and remedies available to first party policyholders within the RMAPIA states. Continuing that discussion, this post will review the legal remedies available to Idaho policyholders enduring the frustration of a delayed or denied insurance claim. Fortunately, Idaho provides … Continue Reading
September 10, 2018, marked the one-year anniversary of the landfall of Hurricane Irma in Florida. According to the National Oceanic and Atmospheric Administration, the estimate of the damage caused by Hurricane Irma is $50,000,000,000.1 Well over a year since its devastation across the state, Floridians remain resilient and committed to rebuild their lives.… Continue Reading
Historically September is one of the most active months during hurricane season. Policyholders should be prepared and informed before, during and after a hurricane. As I write this blog, many in South Carolina are experiencing the force of Hurricane Florence and while for some, the hurricane will end the next day, for others the following … Continue Reading
North Carolina received another “F” from R Streets Institute’s 2018 Insurance Regulation Report Card. North Carolina finished 49th, with only Delaware getting a lower score. Louisiana and Massachusetts also received an “F”.… Continue Reading
Hurricane Florence insurance claims are the headache that starts after Florence damages your business or home. There is nothing easy about having your property destroyed—either emotionally or financially. It is going to hurt. I and a number of Merlin Law Group lawyers have been doing this work full time for as long as anybody in … Continue Reading
My blog post from March 2018 addressed a presentation I was involved in which addressed the attorney’s role during the adjustment of a claim. As addressed in that blog post, the line can quickly become blurred between an attorney acting in his/her role as counsel and acting as the claims adjuster for the insurance company.… Continue Reading
Property insurance is purchased to help protect an insured with the consequences of a natural disaster or serious storm. Far too often we hear from confused policyholders when their insurance carrier attempts to delay payment of a valid covered claim or unreasonably delays the payment of covered benefits. Fortunately, Wyoming provides several legal avenues to … Continue Reading
One of the most offensive examples of insurance company claims managers losing their ethical way is when they demand that their insureds risk life and limb to immediately investigate their roofs after a hail storm. Most insurance policies require “prompt notice” of loss. But, does the insurance company ever warn its customers they must risk … Continue Reading