In theory, the appraisal process is intended to provide an efficient means of determining the cost to repair or replace damaged property. It is also intended to have a degree of finality – once the appraisal panel determines the amount of damages, the damages are typically fixed at that amount.… Continue Reading
The deadline to apply for Hurricane Harvey FEMA/SBA disaster assistance is quickly approaching. The application filing deadline for physical damage as a result of Hurricane Harvey has been extended 30 days and is now November 24, 2017. FEMA can provide up to $33,000 in assistance to qualified applicants. Those homeowners and business owners who require … Continue Reading
Rene Sigman is co-chairing an important Hurricane Harvey seminar today discussing all the Hurricane Harvey issues. Yours truly is on a panel discussing how Hurricane Harvey differs from other hurricane litigation, but there is one similarity even worse. . .TWIA is again on the warpath against its own customers.… Continue Reading
Almost every policy I read contains an appraisal clause in it. These clauses often allow one party to demand appraisal to set the amount of loss in an insurance claim. Simply put if the insured and insurer disagree on the dollar amount to fix covered damage the appraisal policy can be used to determine the … Continue Reading
With the devastating strength and power these hurricanes were bringing, the last thing on anyone’s mind was these hurricanes throwing additional blows to areas that seemed outside of their “cone.” However, those of us that went through Hurricanes Harvey and Irma (and even those watching from areas outside those directly affected) recall all the news … Continue Reading
Unauthorized practice of public adjusting issues are going to the Texas Supreme Court. Lon Smith Roofing is not giving up and filed a petition which should be read by those with interests in the property insurance claims industry. I have previously discussed this case in:… Continue Reading
Merlin Law Group attorney Rene Sigman has been asked to co-chair a Hurricane Harvey Conference sponsored by Harris Martin Publishing. It will be held on October 19 at the Four Seasons in Houston. The conference features a Who’s Who of Texas insurance and class action attorneys. It features a special panel of judges with experience … Continue Reading
One of the many resources for policyholders with Hurricane Harvey damages and those persons assisting policyholders is the “Help After Harvey” page on the Texas Department of Insurance (“TDI”) web site.1… Continue Reading
While an adjuster may have contractual obligations to the insurance company that has hired them they cannot hide behind an insurer’s policies as a defense to actionable conduct. It is no defense to suit for an adjuster to argue “but I did what the insurance company told me to do.”… Continue Reading
There are many rumors going around about House Bill 1774, better known as “The Hail Bill” or “The Blue Tarp Bill,” which will go into effect on September 1, 2017. It is important to debunk those rumors and explain exactly what the bill means to Texas policyholders and their rights in this state.… Continue Reading
Rene Sigman first came to my attention in 2008 at a Hurricane Ike hearing in Galveston. I told Javier Delgado that “this lawyer has her act together.” I then watched as she headed-up Mostyn Law Firm’s litigation department, winning thousands of cases resulting from Hurricane Ike and then in New York following Superstorm Sandy. We … Continue Reading
On May 7 and May 25, 2017, I wrote about Texas House Bill 1774/Senate Bill 10 that adds significant hurdles to policyholders who want to dispute weather-related property damage claims. On May 26, 2017, Texas Governor Greg Abbott signed the bill into law and it will now go into effect on September 1, 2017.… Continue Reading
On May 7, 2017, I posted Texas House of Representatives Passes House Bill 1774, noting that the potential law could have a negative impact on Texas policyholders and their representatives, and promising you an update. Last week, the Texas Senate passed the latest version of the bill, and it is now before the Governor for … Continue Reading
In Texas, unlike some states, courts assign a minor role to public policy when interpreting insurance policies. A good example is the treatment of an arsonist’s innocent spouse. As has been described earlier, the “arson defense” permits a carrier to avoid payment upon a showing that the policyholder intentionally created a loss.1 But what about … Continue Reading
Introduced on February 13, 2017, Texas House Bill 1774/Senate Bill 10, has been proposed by its sponsors as a way to curb hail storm lawsuit abuse. However, if signed into law, the bill could have a negative impact on Texas policyholders who have suffered any type of property damage relating to a natural disaster, hail … Continue Reading
I recently received a request to write about the claims handling guidelines in Texas. In the great state of Texas, the handling of insurance claims are governed by both the Administrative Code and Insurance Code.… Continue Reading
I sent the following open and public letter yesterday regarding Texas roof claims in response to Texas legislation which encourages insurance companies to pay less than what is owed, less than what roofing manufacturers require to be done, and encourages unsafe conditions which literally kill people:… Continue Reading
It happens frequently: The insurance company admits the policy covered part of the loss but refuses payment at the time because the amount of the loss falls below the deductible. The insurer then admits the insured also suffered other damages to the property, but denies coverage for this damage for a variety of exclusions or … Continue Reading
There have been many cases recently decided in Texas Federal District Court on the issue of fraudulent joinder and remand of cases where in-state insurance adjusters are defendants in first-party property damages cases. I think all will agree that these cases are all over the board.… Continue Reading
I recently defeated a motion to sever and abate breach of contract from extra-contractual claims filed by a carrier. I thought it would be good to blog a refresher on this issue. My client (“Insured”) owns a home in Houston. Insured was a long-time customer of a local agent and the carrier he was licensed … Continue Reading
On November 30, 2016, the Fifth Circuit Court of Appeal affirmed an order by the Northern District of Texas granting summary judgment for State Farm that an insured’s breach of contract claim was time barred under the limitations clause in the policy and by statute, because it accrued as a matter of law when State … Continue Reading
There are times when public insurance adjusters or lawyers representing policyholders get claims where the policyholder did not discover damage until some time after the actual date of loss. For example, property owners sometimes don’t discover their hail damage until they experience leaks and ask a public insurance adjuster or roofing contractor to inspect their … Continue Reading
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
