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). I recently took the deposition of an independent adjuster who worked on behalf of one of the larger insurers in the state. While most … 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
Since an insured has an obligation to mitigate any damages that occur, one question is who should pay for these efforts? In many instances, there will be specific policy language which states that the insured....… Continue Reading
One question that generally arises after a loss is what repairs should be made and who will be responsible for paying them. Since most policyholders are not well versed in construction or insurance issues, this question is constantly being asked of adjusters and attorneys alike.… Continue Reading
An insurance company adjuster’s request for invoices of personal property items can be a trap for otherwise honest policyholders. I have been thinking about this topic as a result of Corey Harris‘ post, Notifying the Police in the Case of a Theft Loss, and the weekly highlighted fraud case in Claims Magazine, "Fraud of the … 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). Over the past few weeks I have posted on the duty to notify the insurer that a loss has occurred. Having sufficiently beaten that … Continue Reading
Most policies have specific conditions that apply to theft losses. The most common is the duty of a policyholder to notify the police, as well as the insurer, of the theft.....… Continue Reading
The Windstorm Conference starts tomorrow in Jacksonville. If you represent policyholders or insurers with hurricane claims, you have to be there, since hurricanes are the largest windstorms. It provides an opportunity to learn from those actively engaged in all aspects of the hurricane insurance claim experience.… Continue Reading
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fifth part in a series he is writing on post-loss duties). With the prevalence of supplemental claims, especially in Florida, one issue that has been coming up recently is the requirement that the … Continue Reading
While speaking to a potential client about a agent negligence claim, she told me that the individual she believed to be her agent for the past three years had turned out to be the real agent's secretary...… Continue Reading
Normally, the first post-loss obligation that a policyholder encounters is the duty to provide an insurer with notice that a loss has occurred. While policies and the statutes of the particular jurisdiction vary, both tend to spell out the procedure by which notice should be delivered...… Continue Reading
When dealing with insurance claims, it is important for there to be ongoing communication and cooperation between the policyholder and the insurer. This relationship is generally to share and obtain information necessary for the insurer to make a fair and prompt determination....… Continue Reading
Over the last twelve weeks I have covered many of the issues regarding Proofs of Loss, and I wanted to end the series by covering some of the common mistakes and thoughts for avoiding them...… Continue Reading
Recently, I was handling a case where I felt the insurer had waived its right to a Proof of Loss. In this particular case, the insurer initially demanded a Proof but when the policyholder contacted the adjuster to inquire about the specific requirements, the adjuster specifically told the client the obligation was being waived...… Continue Reading
As discussed briefly in my previous blog, (What Happens if a Proof of Loss is not Submitted, is Incomplete, or is Inadequate?), when an insurer receives a Proof of Loss it must either accept or reject the Proof.… Continue Reading
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the eigth of a twelve part series he is writing on proof of loss). Normally I have steered away from giving certain answers when it comes to the requirements of submitting a Proof of Loss. … Continue Reading
While it is important to note that an insured's post loss obligations can be waived, it is equally important to know and understand who has the authority to bind the insurer with their words and/or actions.… Continue Reading
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the sixth of a twelve part series he is writing on proof of loss). As was discussed in my last post, Proof of Loss: Waiver, Part I, if possible you should file a Proof of … Continue Reading
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fifth of a twelve part series he is writing on proof of loss). Let me begin here by saying that this is only intended to be a general overview of some of the instances … Continue Reading
