In a recent case, a federal appeals court held that named insureds’ son and daughter-in-law were required to submit to an examination under oath (“EUO”) because they resided in the insureds’ house, and that their failure to do so precluded recovery on the insurance claim.1… Continue Reading
Recently, it seems like I have been privy to a relatively high number of insureds asked by their carrier, following a loss, to submit to an examination under oath (commonly referred to as an EUO). The most common question I received was, “Can I just choose not to answer or attend?” Although the choice is … Continue Reading
Public adjuster and policyholder advocates often get questions from insureds about the extent that insureds must cooperate with insurers during the investigation stage of a claim. As an example, some insureds have asked me whether they really must produce financial documents and receipts in a theft claim. Insureds often ask why the insurer is making … Continue Reading
When submitting a claim to an insurance company, a policyholder has certain obligations that must be followed. The insurance policy contract lists the obligations. The policy document was written by the insurance company and approved (most of the time) by the insurance regulatory agency for the state where the property is located. Insurance contracts are … Continue Reading
Earlier this week, I was in Austin, Texas, attending a deposition with Chip Merlin on a hail damage claim. Texas is known for their barbeque so we decided to try out The County Line BBQ on Lake Austin. If you are in Austin, I highly recommend it. This led me to today’s blog topic – … Continue Reading
The lack of cooperation defense seems to be raised more often than it probably should in first-party property insurance claims. In Florida, and many other states, the insurance carrier has the burden to prove any lack of cooperation by the policyholder in a first-party property insurance claim substantially prejudiced it before any such breach would … Continue Reading
At this point in their Hurricane Sandy insurance claims, many in New Jersey are being noticed to sit for an Examination Under Oath (EUO). Many wonder what an EUO is and if it is necessary for them to participate. An EUO is essentially a question and answer session where an attorney for the insurance carrier … Continue Reading
Most policies contain a post-loss condition requiring the insured to show the insurer damaged property “as often as [the insurer] reasonably require[s].” It is rare to find a policyholder bothered by the fact that an insurance company over-inspected damages during claim adjustment. Sure, sometimes insurers request one inspection after another in an effort to exhaust … Continue Reading
In my October 13, 2012, blog post, I gave an overview of an ongoing blog topic for me – post-claim / pre-suit insurance policy conditions. In my October 26, 2012, blog post, I gave some insight on compliance with an insurer’s request for examination. In my November 2, 2012, blog post, I gave some insight … Continue Reading
Most – if not all — insurance policies contain a cooperation provision stating that a policyholder must cooperate when making an insurance claim. I have often found that insurance companies like to argue that they cannot properly evaluate the damages because a policyholder has violated the policy by not cooperating during the investigation. In fact, … Continue Reading
As previously noted in the first four posts of the Hurricane Law series discussing Late Notice of Claims, in Florida, if a policyholder does not timely report an insurance claim to the insurance carrier, prejudice to the insurer will be presumed. This presumption may be rebutted by a showing that the insurer was not prejudiced … Continue Reading
While it is true that a policyholder's failure to cooperate with the investigation of a claim can result in a denial of coverage, it is important to note that the cooperation clause was not intended to enslave the policyholder and leave them at the mercy of a carrier's overly burdensome and unreasonable requests....… Continue Reading
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). “In the event of loss or damage, we will adjust the loss with you.” This is a common phrase in property insurance policies, but … Continue Reading
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). Think about this for a moment. A homeowner accidentally leaves something in the oven before heading off to the mall for an afternoon of … Continue Reading
Dedicated insurance professionals, such as the lawyers in our firm, can spend their entire careers learning this area of the law. However, sometimes people become consumed in the details and neglect essential principles. It is a good idea, from time to time, to check that we have touched all the bases. Accordingly, here is a quick review of five important principles....… Continue Reading
It is curious how some insurance company claims managers allow their insurance defense counsel to treat their customers with an arrogant, demeaning tone, along with long requests for largely irrelevant lists of information following a loss. Any objection to the treatment is usually met with a threat the claim will be turned down for a … Continue Reading
