As advocates for victims whose lives have been turned upside down as a result of the devastating flooding caused by Hurricane Harvey, Hurricane Irma, and Hurricane Maria, we know that one year may not be enough time for flood victims to obtain the estimates and documents necessary to submit their required proof of loss form … Continue Reading
When you read about the small Village of Indian Hill, Ohio, you can’t help but think of it as a safe rural town in an out of the way location with rolling hills- something like a place out of a storybook. The community gathers together and celebrates holidays and news in the town revolves around … Continue Reading
Washington State is not only known as the “Evergreen State” and the only state named after a United States President, but it is also the home of many innovative Internet companies and where the biggest coffee chain in the world was founded: Starbucks. Besides these facts it is also important to know how a claim … Continue Reading
We’ll let the jury decide. Policyholders must meet post-loss obligations under their property insurance policy prior to receiving coverage for a loss. A common condition precedent requires policyholders to provide prompt notice of the loss to their carrier. The carrier must be able to conduct a reasonable investigation of the property conditions as close to … Continue Reading
Many of you may recall that, during the Spring of 2016, many parts of Texas were hit with storms of varying severity that caused significant property damage. Some of the resulting insurance claims that arose from those storms have dragged on, including a number that simply fell by the wayside as both carriers and adjusters … Continue Reading
Some homeowners may have lender-placed insurance policies, also known as “creditor-placed” or “forced-placed policies.” These policies occur when there is an insurance policy placed by a bank or mortgage company on a home when the homeowners’ insurance policy may have lapsed or is deemed insufficient by the bank. Under these lender-placed insurance policies, the bank … Continue Reading
As a renter, you may be unsure of what steps to take after you have suffered a loss to your apartment, rental home, and/or belongings. If you have a renters insurance policy, the following steps should be taken when reporting a claim to your insurance company.… Continue Reading
If you have filed a claim recently, your insurance company has hopefully acknowledged that they received your claim, and they’ve scheduled your inspection. The inspection may go something like this:… Continue Reading
An Illinois homeowner recently contacted me regarding an insurer’s denial of a water damage claim. The facts were: An underground pipe which was part of a municipal water supply system (“the water main”) burst and water was released from the water main. The pressure from the water cracked the street pavement and water flowed onto … Continue Reading
In a prior blog, I discussed the California Supreme Court’s decision in Fluor Corporation v. Superior Court,1 regarding the post-loss assignment of insurance benefits. In Fluor, the California Supreme Court held that section 520 of California’s Insurance Code prohibits insurance companies from refusing to honor post-loss assignments of benefits, regardless of whether the assigned benefits … Continue Reading
Barry Zalma recently wrote an excellent article, Claims in a Catastrophe, in the The CPA Journal. Zalma is a very experienced property insurance attorney. He is a prolific writer of articles and books involving property insurance claims. To all policyholders having felt the impact of 2017 catastrophe claims, one important point in Zalma’s article is … Continue Reading
Earlier this month, Ashley Harris discussed the Puerto Rico Unfair Claim Adjustment Practices or Actions statute (26 L.P.R.A. § 2716a) in Is the Insurance Company Adjusting Your Claim Fairly in Puerto Rico?… Continue Reading
As I and some of my colleagues have written about lately, in most states, after a covered loss has occurred, policyholders generally can assign the insurance benefits they’re entitled to receive in connection with that loss, despite language to the contrary in their policy. Following a devastating loss, such as the damage caused by the … Continue Reading
Too many in Puerto Rico are still dealing with the catastrophic effects of Hurricane Maria. Today the focus is on getting basic supplies like drinking water to nearly half the population. An insurance claim is likely not a priority at this moment for those owning homes or businesses in Puerto Rico. However, insurance companies must … Continue Reading
Contrary to most New York policies which require notice to be given “promptly”, Connecticut policies tend to require notice “as soon as practical.”… Continue Reading
In prior blog posts on assignment of contingent benefits, I discussed the distinction between assignments of contingent benefits and assignments of noncontingent benefits under a property insurance policy. For the purpose of this post, a contingent benefit is a benefit or payment that is either not yet fixed in amount or regarding which the carrier … Continue Reading
As discussed in my previous blog post regarding the tropical storm watch issued for parts of Long Island because of Hurricane Jose, as soon as damage is discovered, it should be reported to the insurance company, even if you think it is minor and not something that the insurance company will bother with.… Continue Reading
In Assignment of Unaccrued or Contingent Benefits, I discussed the distinction between assignments of Contingent Benefits and assignments of Noncontingent Benefits under a property insurance policy. For purposes of this blog, a Contingent Benefit is a benefit or payment that is either not yet fixed in amount or the carrier is not yet obligated to … Continue Reading
It is widely accepted that insurance policies are generally not assignable by the policyholder unless the insurance company consents to the assignment. In most states, it is also well-established that after a covered loss has occurred, the policyholder ordinarily may assign the claim to another person or entity, even if the policy contains a clause … Continue Reading
In this post in our series on Assignment of Benefits (AOBs), we are looking at Rhode Island and how AOBs are managed and handled there.… Continue Reading
Note: This guest blog is by Lewis O’Leary, who has served as both a forensic investigator and restoration contractor since Hurricane Camille (1969). He has a degree in the fields of Mechanical Engineering and Architecture, is the Chairman of the Education Committee for the Building Envelope Science Institute, and is a design/build, General Contractor licensed … Continue Reading
Insurance Codes are regulated by each state, but ask any insurance company representative in any state and they will tell you it is an insurance company’s duty to place the insured’s interest ahead of the insurance company’s interests; and the proper way to handle a claim is to find coverage wherever possible.… Continue Reading
When insurers investigate insurance claims and suspect that something about the claim is not quite right, they often assign special investigation units evaluate whether the claim lacks merit or is otherwise fraudulent. In Young v. Progressive Casualty Insurance Company,1 a federal district court in California recently upheld an insurer’s denial of its insured’s claim for … Continue Reading