The Iowa Supreme Court determined that “appraisers may determine the factual cause of damage to insured property to ascertain the amount of loss,” in Walnut Creek Townhome Association vs Depositors Insurance Company.1 I am proud that Ashley Smith (nka Ashley Harris) was cited by the court for her analysis of the issue.… Continue Reading
Plaintiffs owned a home in Arizona insured by Metropolitan Property and Casualty Insurance Company.1 The “Wallow Fire” occurred near the property and consumed the plaintiffs’ detached garage. It also burned the vegetation on a nearby hill. A month after the fire was contained, a mudslide on the hill destroyed the house.… Continue Reading
Earlier this month, a federal judge sitting in the Southern District of Indiana examined the scope of the appraisal clause in the property insurance policy. Relying on many of the same cases I have discussed in earlier blogs in this series, the court found that the appraisal panel must consider causation as part of the … Continue Reading
While the appraisal procedure is commonly used in property insurance claims, the proper scope of appraisal is often contested. Courts across the country generally agree that coverage determinations are reserved only to the courts. However, courts are divided on whether determinations of causation should be considered by the appraisal process.… Continue Reading
"There’s a great deal of suffering in the world, Sir. We ought to do our part toward relieving it."1 New Jersey policyholders who have not been fully paid their insurance benefits following losses from Hurricane Sandy should have some optimism and hope this Christmas Eve. Their reasonable expectations of insurance coverage and benefits are solidly … Continue Reading
Every policyholder’s first question after a loss is: does my insurance policy cover this? Some policyholders have a named peril policy insuring against certain risks that are enumerated within the policy itself. Others have an all-risk policy that insures against every peril that is not specifically excluded under the terms of the policy. Regardless of … Continue Reading
The law of comparative causation under property insurance policies is reasonably settled in Texas. If there is a loss as a result of two concurring perils, one insured and one not, the loss is covered only to the extent it can be traced to the covered peril. However, what happens when a peril which is … Continue Reading
While writing last week’s post, Texas Windstorm Insurer Settles 2,400 Hurricane Ike Slab Claims, I almost quoted Texas attorney Steve Mostyn, who explained that Texas law really left no other rational choice. Burdens of proof are crucial when it comes to close cases, and Texas places a unique and difficult coverage burden on policyholders. An … Continue Reading
Property insurance policies are written in complex language. The fact that there are so many different interpretations and disputes about the language by some very bright people is probably enough evidence to prove that point. David Rossmiller wrote a post, Corban v. USAA: A few (more) words about anti-concurrent causation, which had me thinking about words … Continue Reading
The editors of Slabbed deserve some type of honor. What do they get for all the education about events of the day they provide? My hat is off to them. All of us are the better for it.… Continue Reading
Valued Policy Laws (VPLs) are relatively easy to define as those that require payment of policy limits in the event of a "total loss" caused by a covered peril, even though the insurance carrier could rebuild the property for less.… Continue Reading
On June 4, 2009, Merlin Law Group will host the second in a series of seminars for Texas-licensed public adjusters: Texas Hold ‘Em #2—Down to the Nitty Gritty of Adjustment—Nine Months After Ike, at the Hotel Derek in Houston, Texas. Response to the first seminar was very favorable with many public adjusters asking when we … Continue Reading
Since last May, just before we opened our Houston office, I have been reviewing and pondering causation and burdens of proof found in Texas insurance cases. While writing yesterday’s post regarding sinkhole coverage cases, I came across two Florida cases that demonstrate Florida’s view that policyholders truly have minimal proof requirements coverage under all-risk property insurance … Continue Reading
On Tuesday, we filed an amicus brief in the Corban v. USAA case. A copy of it is here for anyone to view. This case is important because the Mississippi Supreme Court is going to rule on how anti-concurrent causation language is interpreted. Previously, only federal courts have made such rulings. Mississippi Court’s ruling is … Continue Reading
The Mississippi Department of Insurance finally issued its report regarding State Farm’s claims handling following Hurricane Katrina. The findings were long and will undoubtedly be subject to criticism and interpretation. I am certain State Farm publicists will try to undermine the Rigsby sisters’ claims even more since the report essentially concluded that their assertions were unsubstantiated. … Continue Reading
Wind versus flood. Insurance companies will use causation to deny claims just as they did in the hundreds of cases we litigated after Ivan and Katrina. We will retain meteorologists and structural engineers as this issue will be litigated in Texas and western Louisiana. Rimkus and Haag are located in Texas. I wonder how many outcome oriented reports … Continue Reading
