Tag Archives: Waiver

Can An Insurer Waive Its Right to Appraisal?

The purpose of Section 627.7015, Florida Statutes titled “Alternative procedure for resolution of disputed property insurance claims” is to encourage insurance companies and policyholders to resolve their disagreements regarding disputed property insurance claims without the necessity of litigation or appraisal. The statute requires, in part: (2) At the time a first-party claim within the scope … Continue Reading

Can Appraisal Take Place Over Property That Has Been Demolished?

Florida’s Federal Middle District believes it can.1 After Hurricane Irma struck its commercial building in Port Charlotte, Florida, building owners Etcetera, Etc, Inc., filed an insurance claim under their policy with Evanston Insurance Company (“Evanston”). Evanston began its investigation, and as that was underway Charlotte County also inspected the building and issued a “Notice of … Continue Reading

Does a Partial Denial and Jury Demand Prohibit the Insurer From Proceeding with Appraisal?

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

Question of Whether Insured Waived Appraisal Should Focus on Conduct After Coverage Has Been Admitted

Recently, Florida’s Fifth District Court of Appeal affirmed an order compelling Florida Insurance Guaranty Association (FIGA) to participate in an appraisal of a policyholder’s sinkhole claim.1 The insureds had originally filed suit against Homewise Preferred Insurance Company in 2010, after Homewise denied coverage. But in 2012, FIGA notified the insureds that it was assuming the … Continue Reading

When is a Showing of Prejudice Required to Determine Waiver of Appraisal

In Dike v. Valley Forge Insurance Company,1 U.S. District Judge Lee Rosenthal ruled that the insurer’s compliance with the policy’s claims handling provisions and with provisions of Texas Insurance Code were not conditions precedent for compelling appraisal; and the carrier’s delay in seeking appraisal did not waive insurer’s right to appraisal.… Continue Reading

Recent Florida Appellate Court Case Involving Waiver Of Appraisal

Recently Florida’s Fifth District Court of Appeal (“5th DCA”) issued a ruling related to whether a policyholder had waived the right to participate in the appraisal process.1 The right to participate in appraisal under the policy can be waived if actions are taken that are inconsistent with that right.… Continue Reading

In North Carolina, the Insurer Can Waive Its Right to Claim Forfeiture

Insurance applications are important in the insurance marketplace. Applications are part of the risk analysis insurers make in determining whether they will issue a policy. There is exhaustive case law on issues of misrepresentations, ambiguities, and incomplete applications. The issue I want to discuss is whether an insurer can waive its right to deny a … Continue Reading

The Origin of “White Waiver” in California

As a property insurance attorney in California, I often come upon the situation where insureds consult with me when asked to sign what is known here as a "White Waiver." At the point that a "White Waiver" is brought up, a property owner at issue with an insurer either during the claims stage or during … Continue Reading

Waiver of Flood Proof of Loss Requirement by FEMA Must Be Express and In Writing

Those familiar with Super-storm Sandy claims are aware that FEMA can extend/waive the formal proof of loss requirement within the Standard Flood Insurance Policy (“SFIP”) under the National Flood Insurance Program (“NFIP”). FEMA has extended the proof of loss deadline for Sandy claims until October 29, 2014. But what about flood losses that affect an … Continue Reading

Insurer Waives Privileges

Generally, any communication between an attorney and client is privileged. I often tell clients that when they want to talk about their claim by someone, they should talk to their attorney only so as not to break any privilege issues. Although I know sometimes discussing the claim outside the attorney-client relationship is a must, those … Continue Reading

Will Your Business Be Covered When It Needs it The Most? – Understanding Business Interruption Claims

Last month, in Service One Cable T.V., Inc. v. Scottsdale Ins. Co., 2011-1469 (La. App. 1st Cir. February 10, 2012), the Louisiana First Circuit Court of Appeals decided that a cable service company did not have coverage under its commercial property damage or business income provision after a hurricane damaged the company’s cable distribution system.… Continue Reading

Waiver and Estoppel May Prevent Denial of Coverage When the Insurer Knows a Policyholder Is Not In Compliance With Policy Conditions

Many policyholders are surprised to find out they are without coverage after a loss because of a condition that existed at the time the insurance contract was formed. Insurance companies have many claims personnel that may overlook a pertinent issue during the application process and others take the premiums knowing a claim can be denied … Continue Reading

Insurers Should be Nice and Cooperate with Policyholders During Post Loss Obligations

"Maybe if we think and wish and hope and pray it might come true"             –The Beach Boys A recent Florida case that involves examinations under oath demonstrates that insurers should  cooperate with policyholders and not try to use technicalities to prevent payment. In First Home Ins. Co. v. Fleurimond, 3D09-2034, 2010 WL 2178839 (Fla. … Continue Reading

Waiver and Estoppel – Insurance Companies Must Assert Their Applicable Exclusion or Limitation When the Insured Makes the Claim

(Note: This Guest Blog is by Javier Delgado, an attorney with Merlin Law Group in the Houston, Texas, office. This is the eighth in a series he and fellow attorney Tina Nicholson will be writing on Texas property insurance issues). Often times, an insurance adjuster fails to properly investigate the damages to the insured risk … Continue Reading

The Basics of Agency as It Relates to Waiver and Estoppel

(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fourth part in a series he is writing on post-loss duties). Last week, I received a great question regarding my post, Who Can Accept My Notice of Loss. The entire question and my … Continue Reading

Filing a Proof of Loss When It is Not Required

Recently, I was handling a case where I felt the insurer had waived its right to a Proof of Loss. In this particular case, the insurer initially demanded a Proof but when the policyholder contacted the adjuster to inquire about the specific requirements, the adjuster specifically told the client the obligation was being waived...… Continue Reading

Proof of Loss: Waiver, Part I

(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fifth of a twelve part series he is writing on proof of loss). Let me begin here by saying that this is only intended to be a general overview of some of the instances … Continue Reading