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

Ladies and gentlemen, boys and girls, policyholders and public adjusters of all ages, welcome to the pre-game show for the most anticipated showdown since the last time Chip Merlin and Steve Badger shared a stage. That’s right, it’s time for another round of The Great Debate on All Things Hail & Appraisal Related. It’s a … The post The Great Debate: The Rematch – A Clash of Titans Over Hail & Appraisal appeared first on Property Insurance Coverage Law Blog ..read more

The landmark bad faith verdict noted in Whopping Bad Faith Verdict Caused By Insurers Hiring the Policyholder’s Expert, has been upheld by the trial judge. The court’s opinion involving Indiana GRQ, LLC and seven insurance companies, delved into the intricacies of insurance law, particularly the concept of bad faith under Indiana law. 1 This case, … The post Large Bad Faith Verdict Upheld—Trial Judge Explains Why Punitive Award Was Appropriate Under Indiana Bad Faith Law appeared first on Property Insurance Coverage Law Blog ..read more

The Wyoming Commissioner of Insurance issued a Bulletin mandating that labor is not to be depreciated when determining actual cash value. The entire text of the bulletin states: Bulletin 4-19-2023 April 19, 2023 TO: All Property and Casualty Insurers, Producers, and Adjusters FROM: Jeffrey P. Rude Commissioner of Insurance DATE: April 19, 2023 RE: DEPRECIATION … The post No Depreciation of Labor In Wyoming When Determining Actual Cash Value of Property Insurance Losses appeared first on Property Insurance Coverage Law Blog ..read more

Last August I wrote about Rosenberg-Wohl v. State Farm, 1 a California appellate decision determining that a homeowner’s policy’s one-year “Suit Against Us” provision superseded the four-year statute of limitations for a California Unfair Competition Law (“UCL”) claim. The California Supreme Court is reviewing that decision, 2 and the policyholder whose claim was denied by … The post California Supreme Court to Determine the Deadline to File a Lawsuit under Unfair Competition Law appeared first on Property Insurance Coverage Law Blog ..read more

Qui Tam embodies a mechanism for individuals to act as whistleblowers in cases of fraud against the government. While its origin lies in the False Claims Act, Qui Tam action has woven its way into various legal domains, including insurance law, where its implications can be profound, particularly in the realm of first-party property insurance. … The post What Is Qui Tam in Insurance Law? appeared first on Property Insurance Coverage Law Blog ..read more

The International Risk Management Institute, aka IRMI, is a fantastic resource for those involved in property insurance. Our firm has been a long-time subscriber to many of its publications. One of those, The Builders Risk Book, 1 came to mind while writing, Travelers Builders Risk Policy—Don’t Buy It If You Are an Owner or Developer. … The post The Builders Risk Book—A Great Reference Source For Those Involved With Builders Risk Insurance and Coverage Issues appeared first on Property Insurance Coverage Law Blog ..read more

Ten years ago, I warned that Xactimate pricing was woefully underestimating construction costs, resulting in underpayments to policyholders in Xactimate Price Trend Does Not Reflect Actual Costs: Yesterday, our firm hosted a training seminar for public adjusters and others who use the insurance claims estimating software, Xactimate. During the seminar, a common theme began to … The post Xactimate Price Warning—Xactimate Finally Admits It Is Not So Exact! appeared first on Property Insurance Coverage Law Blog ..read more

An article in the Times-Picayune, Law Firm Accused of Fraud in Louisiana Hurricane Suits Files for Bankruptcy in Texas, caught my attention. I know many of the players involved in this law firm. Many have scattered to the hills and are trying to avoid association with what they have been doing to solicit and then … The post McClenny, Moseley & Associates, aka MMA, Files Bankruptcy: Texas Lawyers Involved With Mass Hurricane Advertising Scheme Seek Reorganization appeared first on Property Insurance Coverage Law Blog ..read more

Policyholders dealing with property damage expect insurance claims to be handled fairly and efficiently. Yet, the reality can diverge due to delays in the insurance appraisal process. This raises an important question: What role do insurance carriers play in these delays, and do they have a duty to prevent them? The Appraisal Process and Its … The post Delayed Insurance Appraisals? Do Insurance Companies Have Good Faith Duties to Make Sure Their Appraisers Do Not Delay Appraisals? appeared first on Property Insurance Coverage Law Blog ..read more