The Bad Faith Claim Practice Scheme of Attrition—Delay and Make Them Sue to Get Full Payment
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
7h ago
AIG’s subsidiary is back in trial on another bad faith case for failing to pay a wealthy family anywhere near what was owed for a hurricane loss. The appraisal panel issued an award to the policyholders totaling $9,179,272.15. American Home made two payments to the policyholders following Hurricane Irma, which occurred in October 2017. One … The post The Bad Faith Claim Practice Scheme of Attrition—Delay and Make Them Sue to Get Full Payment appeared first on Property Insurance Coverage Law Blog ..read more
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What Is Required From the Duty to Cooperate? Policyholders and Public Adjusters Need to Pay Attention to Requests For Information From Insurers
Merlin Law Group | Property Insurance Coverage Law Blog
by Mara Essick
3d ago
What is meant when an insurance policy requires a policyholder to cooperate? Chip Merlin noted that the Cooperation Clause Does Not Require the Policyholder’s Slavish Obedience. In The Duty to Cooperate—What Happens If You Do Not Fully Respond and the Insurance Company Says Nothing About It? he stated: Insurance company attorneys can be tricky because … The post What Is Required From the Duty to Cooperate? Policyholders and Public Adjusters Need to Pay Attention to Requests For Information From Insurers appeared first on Property Insurance Coverage Law Blog ..read more
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What Is the “Lead Underwriter” When Dealing with Lloyd’s? What Is the Significance When a Claim Is Presented?
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
3d ago
The term “lead underwriter” when dealing with Lloyd’s of London carries a distinct significance due to the unique structure of this marketplace. Lloyd’s is not an insurance company. As noted in The Lloyd’s Insurance Marketplace, Lloyd’s is a marketplace where multiple syndicates and insurers come together to insure risks. Each of these syndicates is made up … The post What Is the “Lead Underwriter” When Dealing with Lloyd’s? What Is the Significance When a Claim Is Presented? appeared first on Property Insurance Coverage Law Blog ..read more
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What Does Physical Loss Mean in Kentucky? Can Temporary Delay Constitute Physical Loss?
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
4d ago
Under Kentucky law, as interpreted in Century Aluminum Company v. Certain Underwriters at Lloyd’s, 1 “physical loss” means that a property owner has been tangibly deprived of their property, such as through theft, or that the property has been tangibly destroyed, like by fire. The court emphasized that “loss” by itself might present ambiguities, but … The post What Does Physical Loss Mean in Kentucky? Can Temporary Delay Constitute Physical Loss? appeared first on Property Insurance Coverage Law Blog ..read more
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Take The Deductible From the Loss and Not the Coverage Limit
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
5d ago
Do you ever read or see something, and a secondary issue pops up that just seems wrong? The topic of this post was not discussed anywhere in the briefing by fine attorneys, the trial judge, or the appellate judges of a case decided last week. 1 This one fact and issue about how deductibles are … The post Take The Deductible From the Loss and Not the Coverage Limit appeared first on Property Insurance Coverage Law Blog ..read more
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How Long Does ALE Get Paid?
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
1w ago
What happens when an insurance company wants to limit additional living expense (ALE) benefits to a time before the home is repaired and ready to be occupied? How long do ALE benefits last? What does the “shortest time required to repair or replace the residence premises” mean? A Washington case answered these questions following a … The post How Long Does ALE Get Paid? appeared first on Property Insurance Coverage Law Blog ..read more
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The Francis Scott Key Bridge Collapse and The Limitation of Shipowners’ Liability Act
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
1w ago
The Francis Scott Key Bridge collapse may eventually cause over $3 billion of damage. On Monday, the owner and operator filed a federal lawsuit to limit their liability to approximately $43 million. 1 They are relying upon The Limitation of Shipowners’ Liability Act, an old maritime law that Congress passed 173 years ago. On Tuesday, … The post The Francis Scott Key Bridge Collapse and The Limitation of Shipowners’ Liability Act appeared first on Property Insurance Coverage Law Blog ..read more
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Proof of Loss Timeframes and Compliance Can Be Waived
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
1w ago
The Michigan appraisal case discussed in “What is Michigan Appraisal Law?” also had an important discussion and finding about proof of loss requirements under Michigan law. The insurer, once the policyholder demanded appraisal to determine the amount of loss, raised the late filing of a proof of loss as a complete defense. The Michigan court … The post Proof of Loss Timeframes and Compliance Can Be Waived appeared first on Property Insurance Coverage Law Blog ..read more
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The Notice Prejudice Rule Is By Far the Accepted Rule of Law Rather Than the Forfeiture of Policy Benefits Rule
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
1w ago
An article written by Matthew Sellers, “Can an insurance carrier reject a homeowner’s claim if it is late?” appears slightly misleading regarding the Colorado Supreme Court case, noted in The Doom and Gloom Assumes a Costume of Plume—The Insurance Industry Needs to Stop Being So Negative and Watch Out for Its Customers. Sellers wrote: [T]he … The post The Notice Prejudice Rule Is By Far the Accepted Rule of Law Rather Than the Forfeiture of Policy Benefits Rule appeared first on Property Insurance Coverage Law Blog ..read more
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What Questions Would Public Adjusters Ask If They Were Hiring a Public Adjuster?
Merlin Law Group | Property Insurance Coverage Law Blog
by Chip Merlin
1w ago
In “What Is a Public Adjuster and When Do You Need One?” we suggested that policyholders ask these questions to potential public adjusters they are considering hiring: Do you belong to any professional organizations, such as the National Association of Public Insurance Adjusters (NAPIA)? How many years have you worked as a public adjuster? Do … The post What Questions Would Public Adjusters Ask If They Were Hiring a Public Adjuster? appeared first on Property Insurance Coverage Law Blog ..read more
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