The Professional Public Adjusters Association of New Jersey is having its Spring Event on May 12, 2021, at the Hotel LBI in Long Beach Island, New Jersey. As per the usual structure of these events, attendees are eligible for up to four credit hours of Continuing Education recognized in New Jersey, New York, and Pennsylvania.…

Effective May 1st, 2021, Florida courts will begin utilizing a different standard in evaluating motions for summary judgment. The Florida Supreme Court, acting on its own motion, has amended the Florida Rules of Civil Procedure to adopt the federal summary judgment standard, which “is expected to make it easier for judges to grant summary judgment motions.”1 Summary Judgment is a pre-trial judgment brought by motion that dispositively determines the resolution of a case.2…

The Florida Senate has crafted legislation to force those with delayed and underpaid property damage claims to seek resolutions outside of the halls of justice. Florida Senate Bill 76 slashes the time policyholders have to file a claim, reduces recoverable attorney fees from insurance companies (making it difficult for policyholders to find competent counsel when insurance companies underpay them), and enables the sales of weaker policies not fully covering homes.…

It is no secret that insurance adjusters will not hesitate to cite multiple policy provisions justifying a claim denial. I refer to this method as the “kitchen sink” approach, as it accurately describes the attempt to utilize every conceivable exclusion/condition remotely applicable in various insurance claims. It is quite common for an insured to receive a denial letter citing a laundry list of excluded causes of loss.…

Recently the New York Statute of Limitations has become a heated topic of litigation. Governor Cuomo issued Executive Orders tolling the Statute of Limitations, but the question has become, what is the effect of those orders? The Statute of Limitations in New York is generally six years,1 however, this can be altered by contract. Many Insurance Policies shorten this six-year period to only twelve months.…

The new property insurance tactic to avoid payment and thereby delay or deny appraisal is to claim that the policyholder asked for too much and the claimed amount is fraudulent. A Florida case, American Capital Assurance Corporation v Leeward Bay at Tarpon Bay Condominium Association,1 which will be reviewed by the Florida Supreme Court, will eventually decide these issues.…

The Florida insurance industry is creating another crisis to obtain laws that shield them from the accountability of low and slow claims payments while not having to reduce rates. Today at 2 pm, we will discuss these issues and United Policyholders’ response. Here is the link.…