Tag Archives: Home Owner’s Insurance

Senator Fasano Defends His View Regarding Opting Out of Sinkhole Coverages

I wonder how our clients, the Leeds, would feel if they had purchased only catastrophic sinkhole coverage or no sinkhole coverage, rather than the normal sinkhole coverage required when they purchased their "all-risk" insurance policy. Their home slowly but surely cracked, drooped, and sank over several years before it was condemned. If they "saved" money … Continue Reading

“At War With The Weather” is a Must Read for Those Involved in the Debate of the Florida Property Insurance Market

My appointment by Florida’s Governor Charlie Crist to the Citizens Mission Review Task Force afforded me the opportunity to learn about and have a small voice in the Florida insurance marketplace. At War With the Weather: Managing Large-Scale Risks in a New Era of Catastrophes is a significant academic work which our regulators and legislators … Continue Reading

Florida Insurance News Reports on State Farms Slow March to Leaving

Yesterday, Chad Hemenway, associate editor of BestWeek, reported that State Farm and Florida’s Office of Insurance Regulation jointly moved to delay the administrative hearing that will address State Farm’s move to leave Florida’s property insurance market.  The saga continues….… Continue Reading

Catastrophic Sinkhole Coverage and the Problems of the New 2009 Florida Legislation

"Cheaper" insurance rates often mean far less coverage. In this world, you often get what you pay for. If there is ever a lesson to be learned about that, just ask those that live in the "Sinkhole Capital of the World," Pasco County, Florida. They can elect to get "Catastrophic Sinkhole Coverage" as ordinary coverage … Continue Reading

Liberalization Clauses are Very Helpful to Policyholders, But A Florida Court Takes a Consevative View

Segal v. Hartford Ins. Co., No. 09-10588, 2009 U.S. Dist. LEXIS 13215 (11th Cir. June 18, 2009) Most insurance policies contain a liberalization clause. Always look for them because a liberalization clause means that any change in the law broadening coverage would benefit the policyholder, even if the change happened in the middle of a … Continue Reading

Insurance Agents and Brokers Should Be Concerned Writing Risks with 100 Percent Coinsurance to Avoid Error and Omission Claims

Coinsurance penalties are the last thing policyholders worry about following a loss. My experience has been that many field adjusters fortunately do not go through the costly calculations to accurately determine if a structure is underinsured. Thus, the penalties from being underinsured do not arise as often as they could.… Continue Reading

Mississippi Federal Court: An Insured Cannot Misrepresent if the Insured is Not Asked

Guideone Mut. Ins. Co. v. Rock, 1:06-CV-218, 2009 U.S. Dist. LEXIS 54717 (N.D. Miss. June 29, 2009) On August 27, 2005, the Rocks’ home and two vehicles were destroyed by a fire. The Rocks had a homeowner’s and auto insurance policy with Guideone Mutual Insurance Company. Following the Rocks’ loss, the Rocks filed claims with … Continue Reading

Fireworks are Loved by Americans–and Insurance Companies Seeking Not to Pay Fourth of July Fires

Fire was the major peril insured by the insurance industry over a hundred years ago. In the tradition that is still commonplace today, insurers wrote specific exclusions into the insurance contracts which limited when they had to pay for loss caused by fire. I guess my friends along the coasts of Mississippi and Texas could … Continue Reading

Federal Court Makes “Erie” Guess as to Louisiana’s Valued Policy Law

Watson v. Allstate Ins. Co. Slip Copy, No. 2:07-cv-3462, 2009 WL 1704730, 2009 U.S. Dist. LEXIS 50993, (E.D. La., June 17, 2009). Vivian Watson’s home was covered by an Allstate “Deluxe Homeowners” policy when Hurricane Katrina hit on August 29, 2005. Following Hurricane Katrina, Watson filed suit against Allstate in Federal District Court, alleging that … Continue Reading

Insurance Industry Does Not Agree on State Farm Bailout Law

The Insurance Journal ran an article, Florida Domestic Insurers Urge Veto of ‘Dangerous’ Deregulation Bill, which indicates a significant portion of Florida’s insurance industry opposes State Farm, State Farm agents, and the other big insurers trying to get a competitive advantage from this legislation. The article outlined many of the competing views and stated in part:… Continue Reading

Three Factors Homeowners Must Consider When Updating their insurance for hurricane season

(Note:  This Guest Blog is by Ruck DeMinico, Knowledge Manager at Merlin Law Group).  My wife and I were reviewing our homeowner’s policy this weekend, and she was unaware of a few things that all homeowners must know. I am sure there are many more people in her situation. While this blog may be elementary to … Continue Reading

Damage Claims Rise From Spring Storms & Tornadoes in Mississippi, Louisiana and Alabama–When Should You Sign a Release?

(Note: This Guest Blog is by Deborah Trotter, an attorney with Merlin Law Group in the Gulfport, Mississippi office). As homeowners, business owners, adjusters, and government and relief agencies begin to sort through the devastation left in the wake of the dangerous storms and tornadoes that tore through the southeast last week, the stark and … Continue Reading

Spring Storms and Tornadoes in Mississippi Serve as a Reminder: Review and Update Your Policy for Overlooked Benefits

(Note:  This Guest Blog is by Deborah Trotter, an attorney with Merlin Law Group in the Gulfport, Mississippi office). The spring storms and tornadoes that ripped through Mississippi, Alabama and Louisiana recently could be a preview of a devastating hurricane season. Policyholders should take the opportunity now to review their policy coverage. One of the … Continue Reading

Is National Flood Going To Be In Business?

An article in the Insurance Journal, National Flood Insurance Program Set to Expire Tomorrow, caught my eye. I think the threat of expiration is political gamesmanship, as indicated in the piece:  “John Prible, government affairs for the Independent Insurance Agents and Brokers of America, says the omnibus bill funding is currently being debated in the … Continue Reading

State Farm’s Departure is Problematic–What it Wants is Unclear

The Tampa Tribune ran a story, State Farm’s Exit From Florida Proving to Be a Problem for Some, which demonstrates problems consumers will have obtaining new coverage. The on-line edition of the story is somewhat entertaining because the comments show the disparate results of consumers who are shopping for insurance and confusion about underwriting. What is … Continue Reading

State Farm’s Power Play And Propaganda Ploy

State Farm is hard to figure out. They say one thing and often do another. When you finally get to the decision makers, there is usually some logic to why they do things despite disagreement from consumers or regulators. State Farm’s announcement that it was leaving the Florida property market really has me wondering–"what’s up?" From … Continue Reading

Responding to the Media About The Insurance Financial Crisis

The Tampa Tribune ran an editorial on January 12th regarding the Citizens Mission Review Task Force. As usual, I had something to say about their opinion, and wrote the the following reply, which was published in Sunday’s paper: Florida Dangerously Vulnerable This is in response to the Jan. 12 editorial, "New Ideas Could Bring Sound Hurricane Coverage." … Continue Reading
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