Colorado Continues to Wrestle with the Appraisal Process

As I have noted in the past, the appraisal process has become a hot topic in the property insurance world in the past few years. Colorado has become ground zero for many of these disputes. While many states have statutory or appellate precedent to define the scope and workings of the appraisal process, Colorado is one of the few that does not.

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A Call For All Community Associations!--With An Active Hurricane In The Atlantic Currently Now Is The Time To Review And Refresh Your Disaster Plan

With Danny lurking out in the Atlantic, now is the time to dust off that disaster plan (hopefully there is one in place to dust off from past years) and review it and refresh your memories to make sure it is followed. Let’s face it; it has been ten years since a hurricane has affected South Florida. But don’t let your guard down. While this is predicted to be a less than active season (as it has shown so far) all it takes is one! We have discussed these items before in past years, but I thought now is as good a time as ever for a refresher post.

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Middle of the Night Insurer Roof Inspection Results in Police Investigation and Insurance Company Attorney Car Towed Away

The fun and games that insurers put us and their policyholders through to not pay claims never ceases and gets more creative all the time. Attorney Ashley Harris told me that one of our condominium clients from Superstorm Sandy had a request from its insurer that the wind damaged roofs needed an inspection at 3:30 a.m. We agreed with the request but what happened was unusual—even more unusual than a 3:30 a.m. inspection.

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Federal Court Sides with Association in Appraisal Dispute

It seems that every few years the appraisal process becomes a hot topic across the country. While there are a number of disputes that can arise, the scope of what is determined in the appraisal process is often at the forefront of the argument.

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Insurer Gets New Judge as Early Christmas Present

Insurance litigation can take on a life of its own. While pointed exchanges between attorneys is not altogether uncommon, judges typically stay above the fray, even when they believe a claim or defense has little chance of prevailing. This is not always the case, however, as noted in a recent appellate court ruling.1

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Claim Investigation, Negotiation, and Payment in Colorado

There are currently a large number of condominium and homeowners associations pursuing property damage claims in Colorado. With the number of wind and hail storms over the past couple of years, many of these claims are coming with higher dollar values than most policyholders have submitted in the past. One question I continually receive is what obligations an insurance company has in adjusting and paying a claim.

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Recent Case Highlights Need for Code Coverage

As with most important rulings, a recent appellate court decision in favor of a Florida condominium association has been making the rounds through the national insurance news. In Slow, Late, and Delayed Replacement or Repair - - A Case That Helps Policyholders, Chip Merlin wrote about a recent Florida appellate decision in Axis Surplus Insurance Company v. Caribbean Beach Club Association.1 While the trial court rulings in favor of the association were upheld on multiple grounds, the appellate court wrote to highlight why the insurance carrier waived certain time limitation provisions in the policy.

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Texas Department of Insurance Issues Bulletin for Roofers and Adjusters

Roofing contractors and adjusters have been at the center of an ongoing debate in Texas. As I noted in Texas Moves to Limit the Role of Roofing Contractors, Texas enacted H.B. 1183, prohibiting insurance adjusters from doubling up as roofing contractors and preventing roofing contractors from acting as adjusters, or advertising to act as an adjuster, on any property they perform work.

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Florida 4th DCA Reaffirms Position On EUO Requirement

Since the Florida Supreme Court’s decision in State Farm v. Curran, practitioners and courts alike have been trying to sort out exactly how far the opinion goes. While many argue that Curran only applies to independent medical examinations, others point out that the Fifth District Court of Appeal specifically certified conflict with an earlier decision dealing with the application of the Examination Under Oath provision.

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Rules Are Rules, But Does Your Policy Cover The Cost Of Compliance?

Nothing is more familiar to individuals living in condominium and homeowner associations than the laundry list of rules and regulations that have been adopted. As a friend of mine can attest, even putting a rope swing in your yard can result in a hefty fine. So what happens when your association rules require you to do certain things in reconstructing after a loss? Does your policy cover these expenses?

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