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Latest from Property Insurance Coverage Law Blog

Property Insurance Coverage Law Blog

Premier Insurance Broker Irene Ochoa Responds to Jon Held and Notes That Policyholders Need Protection

By Chip Merlin

October 29, 2020

Broker / insurer holds an umbrella to protect parents e.g. father, mother, a child, a house and a sedan car

Should insurance brokers and executives running insurance companies stand up for their insurance customers? While the comments section is sometimes passed over, I noted that a premier insurance broker, Irene Ochoa, stood up for insurance customers when responding to an article in Claims Journal, Viewpoint: J.S. Held CEO Refutes ‘Claims Surrogate’ Label.…

Property Insurance Coverage Law Blog

Hear Ye! Hear Ye! Binding Arbitration and Binding Appraisal Provisions Are Prohibited in Louisiana

By Deborah Trotter

October 28, 2020

The Louisiana Department of Insurance (LDI) has reissued Directive 173 (Revised and Reissued)1 to remind insurers of La. R.S. 22:868(A) and to advise of recent amendments, effective August 1, 2020, made in Louisiana’s Regular Session 2020, which adds “venue” to subsection (A)(2): Please take note that, pursuant to La. R.S. 22:868(A)(2), arbitration and appraisal provisions that attempt to deprive Louisiana courts of jurisdiction or venue are not permitted in insurance policies or insurance contracts delivered…

Property Insurance Coverage Law Blog

Insurance Librarians and Knowledge Managers—An Investment Into Knowledge Gains An Edge With Insurance Litigation

By Chip Merlin

October 27, 2020

Merlin Law Group Knowledge Manager Ruck DeMinico

Insurance company attorneys sometimes make arguments trying to win their cases which does not square with insurance practices and evidence found in insurance reference materials. If you think about it, how many property insurance lawyers were ever trained as insurance adjusters or took the time to learn how insurance companies work?…

Property Insurance Coverage Law Blog

New York Insurance Contract Interpretation—General Rules to Follow

By Chip Merlin & Nicholas Conklin

October 26, 2020

Every state has some general rules to follow when interpreting insurance contracts. While New York is often thought of as a state whose laws favor insurance companies, there are very good examples of New York following most of the standard insurance contract laws of interpretation.…

Property Insurance Coverage Law Blog

Court Finds Coverage for Restaurants’ COVID-19 Business Interruption Claims

By Daniel Veroff

October 24, 2020

Businesses forced closed by COVID-19 and denied coverage by their insurers received a legal boost this month. In a recent North Carolina ruling, the court held that a commonly worded business interruption policy covered losses arising from closures mandated by COVID-19.…

Property Insurance Coverage Law Blog

Puerto Rico Court of Appeals Revokes Two Accord & Satisfaction Rulings on Hurricane Maria Claims

By Julitza Perez

October 23, 2020

On September 30, 2020, the Puerto Rico Court of Appeals revoked the rulings held on two (2) Accord and Satisfaction cases. The first case, Victor Cruz Perez v. Universal Insurance Company,1 was reversed due to the insurer’s failure to prove that all elements of Accord Satisfaction had been fulfilled.…

Property Insurance Coverage Law Blog

When Can an Insurance Carrier be Liable for the Actions of its Agents?

By Christina Potter

October 22, 2020

Florida law distinguishes between insurance agents and insurance brokers.1 In Essex Ins. Co. v. Zota, the Florida Supreme Court defined an insurance broker as an individual who “represents the insured by acting as a middleman between the insured and the insurer, soliciting insurance from the public under no employment from any special company…[and] places it with a company selected by the insured.”2 If the insured has no preference as to the company, the broker…

Property Insurance Coverage Law Blog

Colorado Wildfires – Colorado Division of Insurance Advisory to Impacted Coloradans

By Timothy Burchard

October 21, 2020

Property destroyed in the Cal Wood Fire — Property destroyed in the CalWood Fire, October 18, 2020

Wildfires have erupted across Colorado, forcing thousands of Coloradans to evacuate to safety from the Cameron Peak, CalWood, Lefthand Canyon, and East Troublesome Fires. Accordingly, the Colorado Division of Insurance (DOI) issued a news release to give insurance advice to those effected on evacuation, filing insurance claims, and financial preparedness. The consumer advisory provides practical insurance tips, insurance evacuation and claims advice, and guidance on returning home after the fire.…

Property Insurance Coverage Law Blog

Policyholders’ Potential Bad Faith Claim for a Retaliatory Nonrenewal

By Nicholas Conklin

October 20, 2020

Picture this. You have retained counsel to assist in enforcing your claim under your insurance policy. After a favorable appraisal, and payment of that award by the insurer, you receive a notice of nonrenewal stating that the insurer is electing not to renew the policy as “the risk no longer complies with underwriting guidelines.”…

Property Insurance Coverage Law Blog

Is JS Held a Claim Surrogate? Do Not Miss Today’s Tuesday At 2 With Chip Merlin

By Chip Merlin

October 20, 2020

Jon Held is one of the best advocates I have ever seen and heard argue about keeping the amount owed to policyholders down. He is a brilliant businessperson and has built an exceptional insurance consulting company regarding virtually every aspect of the insurance claims valuation process. I called his company a “surrogate” for claims adjusters and the insurance industry media took notice. The Claims Journal noted this in, Growing Use of ‘Unlicensed Surrogates’ Worries Policyholder …

Property Insurance Coverage Law Blog

THE POLICYHOLDER'S ADVOCATE®

Blog Authors

Premier Insurance Broker Irene Ochoa Responds to Jon Held and Notes That Policyholders Need Protection

Hear Ye! Hear Ye! Binding Arbitration and Binding Appraisal Provisions Are Prohibited in Louisiana

Insurance Librarians and Knowledge Managers—An Investment Into Knowledge Gains An Edge With Insurance Litigation

New York Insurance Contract Interpretation—General Rules to Follow

Court Finds Coverage for Restaurants’ COVID-19 Business Interruption Claims

Puerto Rico Court of Appeals Revokes Two Accord & Satisfaction Rulings on Hurricane Maria Claims

When Can an Insurance Carrier be Liable for the Actions of its Agents?

Colorado Wildfires – Colorado Division of Insurance Advisory to Impacted Coloradans

Policyholders’ Potential Bad Faith Claim for a Retaliatory Nonrenewal

Is JS Held a Claim Surrogate? Do Not Miss Today’s Tuesday At 2 With Chip Merlin

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