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.Continue Reading Federal Court Sides with Association in Appraisal Dispute
Insurance
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.1Continue Reading Insurer Gets New Judge as Early Christmas Present
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.Continue Reading Recent Case Highlights Need for Code Coverage
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.Continue Reading Texas Department of Insurance Issues Bulletin for Roofers and Adjusters
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.Continue Reading Florida 4th DCA Reaffirms Position On EUO Requirement
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?Continue Reading Rules Are Rules, But Does Your Policy Cover The Cost Of Compliance?
It Is Important To Know Who Is Investigating Your Claim
The past few weeks have seen the end of the first phase of important litigation that has been raging on since shortly after Hurricane Katrina made landfall in southern Mississippi. While the full details of the story would take many volumes to adequately address, the litigation arose over two State Farm whistleblowers, Cori and Kerri Rigsby, who brought to light what they believed to be the insurer’s attempt to systematically defraud policyholders. According to the sisters, State Farm and its managers directed claim investigators and engineers to find that damages were caused by flood, thus limiting any potential payments under the State Farm wind policies.Continue Reading It Is Important To Know Who Is Investigating Your Claim
Merlin Law Group Launches its Disability, Life, Health, and Long-term Healthcare Insurance Website
It is with great pleasure that Merlin Law Group announces the launch of its disability, life, health, and long-term healthcare insurance website: http://www.PayMyInsuranceClaims.com/Continue Reading Merlin Law Group Launches its Disability, Life, Health, and Long-term Healthcare Insurance Website
Clarify Your Property Insurance Renewal Objectives
If you follow the insurance press, you’ve probably seen articles describing the favorable results of year-end treaty reinsurance renewals and consequential expectations of reduced pricing and improved terms…
Continue Reading Clarify Your Property Insurance Renewal Objectives
Condo Coverage: Unit Owner v. Association Policies
I recently received an email from a reader asking about the difference in insurance policies available for associations and tenants. In sum, the question asked for an explanation of an HO-06 insurance policy and whether that policy is available only for unit owners or for the association as well.Continue Reading Condo Coverage: Unit Owner v. Association Policies