Tag Archives: Post-Loss Duties

Is Failing to Comply With a Post-Loss Duty an Automatic Bar to Recovery?

In Florida, if an insured fails to meet a post-loss obligation, is it a complete bar to recovery? In a recent decision, the Third District Court of Appeal certified a conflict with the Fourth District Court of Appeal and held that an insurer must be prejudiced by the insured’s non-compliance with a post-loss obligation in … Continue Reading

Post-Loss List Created Solely From Memory Can Satisfy the Insured’s Duty to Furnish an Inventory

When personal contents or business personal property are damaged or lost in a covered event, most policies require the policyholder to provide an inventory of the damaged or lost items to the carrier. But often, the carrier and the policyholder clash on the level of specificity required and whether the policyholder has submitted adequate proof … Continue Reading

Challenging the Insurance Adjuster’s Claim Assessment or Report

It is no secret that insurance policies are confusing: they are long – often 40 or more pages – and contain vague language that can be unclear and difficult to understand, even for the most educated people. After large scale natural disasters like Hurricane Harvey, insurance companies and their adjusters frequently rely on vague and … Continue Reading

Compliance with Policy Conditions After a Denial of Coverage

In Florida, an insurer’s denial of coverage constitutes a waiver of its right to require an insured to comply with policy conditions before filing suit.1 But, what if insured requests an insurer to reconsider its coverage denial before filing suit? Does the request to reconsider nullify the insurer’s previous denial of coverage requiring the insured … Continue Reading

High Ho High Ho Do I Have To Do An EUO?

I suppose a lot of professions are cyclical. In my 25 years if practice I have sometimes found that I will go years without getting certain types of cases and then I will get two or three all at once. Lately, I have been asked to look at cases where the carrier is claiming that … Continue Reading

Is Your Claim Too Late in Georgia?

Some losses are not as readily apparent to policyholders as a fire or significant water loss. The policyholder may not discover the damage until days, weeks or months after the loss occurred. This can often be the case for hail losses to roofs. However, when the policyholder gives notice weeks or months after the loss, … Continue Reading

Appellate Court Affirms Trial Court Order Compelling Appraisal for Supplemental Hurricane Claim

On Wednesday, Florida’s Third District Court of Appeal issued an opinion affirming a trial court’s order compelling appraisal of a homeowners’ supplemental Hurricane Katrina claim.1 The insureds, the Cardelles, had filed claims with State Farm after Hurricanes Katrina and Wilma in 2005. After each hurricane the insureds reported property damage to State Farm. They obtained … Continue Reading

What Are Homeowners’ Post-Loss Duties In Texas? – Texas Coverage Series

In a case recently decided in Texas, the insurance carrier prevailed against the policyholder when the appellate court found that the policyholder failed to adhere to its post-loss duties under a homeowner’s insurance policy.1 This blog entry examines the facts and holdings in the hope policyholders and professionals assisting them can avoid facing a similar … Continue Reading

Insurance Carriers Have Duties Too Once They Receive Notice Of A Loss

In my last few posts, wrote about policyholders’ obligations and duties in notifying insurance carriers of a loss and the proof of loss obligations. I focused on New York in particular. What about the duties of insurance carriers once they are notified of a loss by a policyholder? I have heard people say insurance carriers … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 18 – Who Is “You”?

My previous seventeen posts in this blog series have discussed what you are required (or not required) to do under various post-loss / pre-suit insurance policy conditions. This post discusses the extent of “you.” Is “you” just you, or does “you” include your spouse, your family members, your public adjuster, and others? Who is “you” … Continue Reading

Receipts? Who Keeps Receipts For a Potential Insurance Claim?

When arguing with an adjuster over the value of your personal property claim, receipts can be an invaluable tool. But who keeps receipts? When dealing with theft or loss of property, you may actually have receipts; however in a total loss situation such as a fire, often the receipts are destroyed along with the property. … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 12 – “Suit Against Us”

Most insurance policies contain a “suit against us” condition that usually reads along these lines: “No action can be brought against us unless the policy provisions have been complied with and the action is started within five (5) years from the date the loss occurs.” So, do pending requests (e.g., loss inspection or document production) … Continue Reading

The Gamesmanship Of The Property Insurance Claims Process…Yes You Have To Show The Insurer The Damaged Property, But You Also Have To Repair It Promptly

Insurance policies have certain provisions that must be complied with in a property insurance claim. These are called duties after loss, and if reasonably requested by the insurer, they must be complied with. Recently, an insurer in New York became involved in litigation over whether the policyholder had shown it the damaged property following a … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 8 – Damage Mitigation

Most policies contain a post-loss condition requiring the insured to “[t]ake the following steps: (1) Protect the property from further damage; (2) Make reasonable and necessary repairs to protect the property; (3) Keep an accurate record of repair expense.” And most policies back that up with “reasonable repair” coverage like this: In the event that … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 7 – Damage Inspection

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