On August 17, 2018, the 49th anniversary of Hurricane Camille, the benchmark in Mississippi for devastation and survivability prior to the impact of Hurricane Katrina in 2005, the Mississippi Insurance Department (“MID”) filed its adoption of Rule 34.11 to amend the Mississippi Homeowner Insurance Policyholder Bill of Rights (“Policyholder Bill of Rights”) to include an … Continue Reading
The principle that once you give something, you can’t ask for it back has been deeply ingrained since childhood. It is born from the idea that when you give, you give freely and without obligation. Like many playground rules, the principle has worked its way into law. The Voluntary Payment Doctrine (VPD) made its first … Continue Reading
Many property insurance policies provide that until a policyholder actually repairs or replaces damaged property, they are only entitled to the “actual cash value.” Determining how to calculate the “actual cash value” differs from state to state.… Continue Reading
Hurricane Karen made a name for herself last week when she swirled and blew into the Gulf Coast region. She shied away just before making an impact in Texas but made she made it a point to stop by the Mississippi Gulf Coast region. Previously, I gave you a snippet of the statute of limitations … Continue Reading
With Isaac slowly moving north through the Louisiana and Mississippi area, it seems appropriate to provide those who may be suffering the effects of this storm with an analysis of total loss. I wrote about Louisiana a few weeks ago, and now I turn to Mississippi.… Continue Reading
Hurricane Issac is slowly battering the Louisiana Coast and Mississippi Sound this morning. After initially making landfall at the mouth of the Mississippi River, it made a western jog back into the Gulf of Mexico. Then, it made a second landfall by Grand Isle.… Continue Reading
A statute of limitations determines the limit for when a lawsuit can to be filed. Failure to file by that deadline may bar the action forever. The statute of limitations was raised as a defense in a recent property insurance case in Mississippi, Greater Trueway Apostolic Church v. Church Mut. Ins. Co., 2012 WL 1143947 … Continue Reading
Some things just hit emotionally, leaving me wishing they weren’t true. I felt this way after learning of Judge Senter’s death. I recently wrote about his retirement in ATribute to Hurricane Katrina Judge Senter. It doesn’t seem fair that he could not have more fully enjoyed his retirement.… Continue Reading
As happy as I was to report A Public Adjuster Wins a Seat in the Florida House of Representatives, I was saddened to learn of Gene Taylor‘s defeat. Slabbed reported the story in Election 2010 Fallout: Media From Across the Country Weigh in on Gene Taylor’s Election Loss.… Continue Reading
This morning I am in Dallas at the Windstorm Symposium. Steve Pate and I will be giving a presentation about the most significant property insurance cases from the states of Alabama, Mississippi, Lousiana and Texas over the past year.… Continue Reading
The estimates of oil escaping were far too low. At first it was, "we dodged a bullet." Then, it was 1,000 barrels a day. Then, 5,000. And now, 25,000 barrels a day are flowing from the ocean floor. The Wall Street Journal has been excellent in its reporting:… Continue Reading
I hate to make doomsday predictions, but there is a possibility that the BP Oil Spill could be worse than any hurricane or catastrophe that I have been involved with. I spent yesterday speaking with others about the current situation. Indeed, my father teaches those in the oil industry how to recover and react to … Continue Reading
A number of former and current clients have called our offices about the recent oil spill in the Gulf of Mexico. They have expressed fear about damages to their business and property, as well as actions that they can take take to protect themselves from the consequences of this disaster. We have already been retained … 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