At the RMAPIA conference this week, a public adjuster from Arizona asked if an insurer could appoint its own estimator of a loss as an appraiser. To answer this question, I first used the search function on this blog. I almost asked her why she did not do the same thing. So, the first lesson … The post Can an Appraiser Be Biased As a Result of Making a Prior Estimate that the Insurer Is Relying Upon? appeared first on Property Insurance Coverage Law Blog ..read more

In the fast-paced world of insurance claims, overlooking the fine print of an insurance policy can lead to dire consequences. From missed deadlines to unexpected coverage limitations, failing to review your client’s policy thoroughly can leave you and your clients vulnerable to significant financial losses. This holds true for roofers, contractors, public adjusters, and policyholders … The post Reviewing the Insurance Policy: Protect Interests and Avoid Costly Mistakes appeared first on Property Insurance Coverage Law Blog ..read more

The insurable interest doctrine is a basic concept of insurance law. An extremely well-written law review article by Blake Berscheid, Gambling with the Future of Property Insurance, discusses the underlying reasons for the doctrine: 1 The United States’ modern property insurance industry descended from seventeenth-century English marine insurance. Lloyd’s of London, now world-renowned for its … The post How Did the Concept of Insurable Interest Historically Develop? appeared first on Property Insurance Coverage Law Blog ..read more

The Great Debate: The Rematch – A Clash of Titans Over Hail & Appraisal is coming up this Thursday in Colorado. In my preparation, I came across an old case where Great American appointed Steve Badger as its appraiser. While Great American participates in thousands of appraisals and conducts them using the standard method of … The post Does Anybody Remember When Steve Badger Was Kicked Off an Appraisal Panel? Great American Now Claims Appraisals Are Arbitrations appeared first on Property Insurance Coverage Law Blog ..read more

The essence of hiring a true contender lies in recognizing and valuing the core attributes of authenticity and expertise. Holly Howanitz is an accomplished insurance defense attorney and the Managing Partner of Tyson & Mendes’ Jacksonville office. She wrote the following on her LinkedIn account, which is an important message for policyholders when choosing professionals … The post Hire Contenders Not Pretenders—Why Policyholders Have to be Careful Choosing Professionals In an Artificial Intelligence World appeared first on Property Insurance Coverage Law Blog ..read more

“Institutional bad faith” in the context of wrongful claims practice litigation can be defined as improper claims handling conduct that is embedded in an insurance company’s policies, procedures, corporate structure, or general business practices rather than being an isolated instance of misconduct by an individual adjuster. It involves systemic, company-wide unfair claims handling practices that … The post What Is Institutional Bad Faith? Lessons From Mike Abourezk appeared first on Property Insurance Coverage Law Blog ..read more

The catastrophe in 2021 at Champlain Towers South in Surfside, FL, raised a lot of questions about loss assessment coverage and condominium unit owners’ HO-6 policies. In this blog, we cover some of the basics about loss assessment in typical HO-6 policies and why the coverage offered is usually inadequate to protect the policyholder. What … The post Loss Assessment Coverage Under the HO-6 Condominium Policy appeared first on Property Insurance Coverage Law Blog ..read more

The efficient proximate cause doctrine is a legal principle used to determine which among multiple contributing factors to a loss is the most significant or “efficient” cause that should be considered when deciding insurance coverage. If the efficient cause is a covered peril under the policy terms, the insurer is typically required to cover the … The post What is the Efficient Proximate Cause Doctrine? Why Public Adjusters and Policyholders Should Care appeared first on Property Insurance Coverage Law Blog ..read more

In a significant development that could signal a redefining of Florida’s insurance landscape, Florida’s new Insurance Commissioner, Mike Yaworsky, appears poised to enforce laws that previous regulators may have overlooked. This shift could disrupt the longstanding “revolving door” phenomenon. In the past, Florida’s insurance regulators, hoping to transition to executive positions as lobbyists or into … The post Is There a New Direction in Florida’s Insurance Oversight? Enforcing Long-Neglected Laws That Apply to Insurance Executives Who Have Bankrupted Insurers appeared first on Property ..read more

Massachusetts does not have appraisal. Instead, it uses a system known as “reference” as noted in Appraisal in Massachusetts is a “Reference” Proceeding. A Massachusetts judge ruled on Monday that a restoration contractor, New England Property Services Group, LLC (NEPSG), with an Assignment of Benefits from a homeowner, has a right to demand “reference” against … The post Restoration Company Has Right To Bring Reference In Massachusetts and Demand Matching appeared first on Property Insurance Coverage Law Blog ..read more