Tag Archives: Insurance Claim

Hurricane Matthew – Personal Property Claims

In a catastrophic event like Hurricane Matthew, often insurance adjusters are spread thin with a large number of claims and time pressures to close claims. The insurance adjuster that comes to your home or business will likely not have the time to give your claim the attention it deserves. Even worse, personal property and business … Continue Reading

Giving Your Insurance Company Notice of Your Loss

When the storms of 2004 and 2005 slammed Florida and the Southeast, policyholders had a duty to notify the carrier of the loss and sometimes things went wrong during these communications. Part of the problem was because many claims were just telephoned in and many of the carriers used untrained adjusters who did not have … Continue Reading

Supplemental Insurance Claims – Insureds Beware of Requirements Outside the Policy

Supplemental claims are becoming more common, especially on large projects where additional loss and damage may be discovered while completing the repairs or replacement. But what happens when the insurance company places conditions or limitations not contained within the policy upon the submission of a supplemental claim for additional or missed damages?… Continue Reading

Ten Tips: How To Make Your Claim Easy to Pay

Note: This guest blog is by Curtis Hutchens, an AV Martindale Hubell preeminent lawyer, a Florida Supreme Court Certified Civil and County Court mediator, a qualified arbitrator and a Windstorm Insurance Network (WIND) Umpire and Fellow and serves as President of WIND. He also serves the legal community as a Florida Bar Grievance and Fee … Continue Reading

Insurance Companies Search Social Media During Property Claim Investigations, Part I

Policyholders are human and social media has really become a way of life for the young and those in their golden years. Not surprisingly, homeowners and business owners suffering a loss, post about their problems on social media. But consider this: insurance companies are using information gathered from your social media profiles to look for … Continue Reading

Fire Damaged Home or Business? Proceed with Caution!

When a home or a business is damaged by fire, the devastation that remains after the blaze and water suppression efforts is sometimes only ash. Policyholders around the country who have experienced a fire loss know this is a devastating experience that can change your life in a just a few short minutes.… Continue Reading

Remand and Fair Notice Pleading and Texas Rule 91a: “Same As It Ever Was”

It is very common in first-party litigation for the policyholder to sue the in-state adjuster in addition to the out-of-state insurance company and thereby destroy diversity so the case remains in state court.  The carrier will generally remove the case anyway and claim that the joinder of the adjuster is improper.  In a very general … Continue Reading

Carrier’s Response to Letters of Representation by Florida Public Adjusters – Informative or Unfair Claims Handling Practice?

I was discussing a property insurance claim with a colleague a few weeks ago when he mentioned a letter that was sent to an insured from the insurance carrier shortly after their public adjuster submitted his letter of representation. The letter suggested that the insured review the public adjuster’s contract and fee structure to make … Continue Reading

Are All Post-Loss Assignments Of Benefits Created Equal? Accrued vs. Unaccrued Rights Being Assigned

Well many folks in the insurance industry have been waiting some time for this moment… the decision of the validity of post-loss assignments of benefits in Florida. Several opinions were recently issued on the same day (May 20, 2015) by Florida’s Fourth District Court of Appeals related to assignments of benefits in property insurance claims.1 … Continue Reading

Hail yes we’ll meet the June 6th deadline – Will you?

Many Coloradans suffered damages due to the horrific hail storm on June 6, 2012. One person said it looked like Christmas in June because the golf ball size hail was so big and thick that it looked like snow. Numerous homes and buildings were bombarded by hail and severely damaged. Some people filed claims with … Continue Reading

In Arizona, Delayed Notice of a Claim Does Not Necessarily Nullify Coverage

In practically every insurance policy, a policyholder is required to give prompt notice of the claim before the insurance company has any responsibility to act on the claim. What happens if the policyholder substantially delays in giving notice of the claim, or in some circumstances, fails to give notice altogether? Is the policyholder’s claim automatically … Continue Reading