Property Insurance Coverage Law Blog

THE POLICYHOLDER'S ADVOCATE®

If you are unhappy or have a complaint with how you were treated by your insurance company or adjuster it’s important to let the Texas Department of Insurance know. Many people do not realize that they can file an official complaint with the Texas Department of Insurance (“TDI”) for various bad acts or mistreatment by the insurance company or its adjusters or other personnel. The process is actually quite simple.…
Insurance companies spend time training their insurance adjusters. Training is a very important. It sets the tone and culture of how the claims department functions. Training can be ethical and professional as discussed by Ken Brownlee in Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions. It can also lead into bizarre scenarios as exampled by the “Jewish Lawyers List” in Hindin v. State Farm – The Landmark Claims Practice
Last month, California passed legislation that requires residential property insurers to take specific measures to review the estimated cost of rebuilding or repairing structures insured under residential property insurance policies. Assembly Bill 1797 added section 10103.4 to California’s Insurance Code. With certain, limited exceptions, under the new statute, residential property insurers must, at least biennially, at the time of renewal of a policy, offer to provide the insured an updated estimate of the cost to…
After a disaster, United Policyholders is always a good resource to review for policyholders and family members of those with a home or business affected by the hurricane. This non-profit organization has many programs and services that may guide you in the aftermath of a storm when stress levels are high, and you have many questions.…
Insurance companies routinely argue for immunity from their wrongful actions because acts of their customers are not perfect following a loss. Policyholders are not claims specialists. Policyholders generally are not in the insurance claims business much less the civil litigation business which the insurance industry is the number one participant by far.…
In addition to the beautiful beaches, one of the things for which Myrtle Beach, South Carolina, is well-known is its golf courses. Because there is a year-round temperate climate, and Myrtle Beach has courses designed by world-famous architects, including Arnold Palmer, Jack Nicklaus, Robert Trent Jones, and Greg Norman, it is many golfers’ favorite golf destination. North Carolina is also known for many championship golf courses, several of which were designed by well-known golf course…
Recently, it seems like I have been privy to a relatively high number of insureds asked by their carrier, following a loss, to submit to an examination under oath (commonly referred to as an EUO). The most common question I received was, “Can I just choose not to answer or attend?” Although the choice is ultimately the insureds and the ramifications of refusal vary by justification, when dealing with Arizona insureds, I generally advise against…
Flood insurance claims are different than regular property insurance claims because virtually all flood insurance claims have to follow federal regulations. The vast majority of all flood insurance policies are written through the National Flood Program. Even if a private company known as a Write Your Own (WYO) is listed as the insurer on the first pages of the policy, these insurers are merely participants in the National Flood Program and the ultimate payments do…
Florence battered the Carolina Coast with 90mph winds when it made landfall near Wilmington, North Carolina on September 14, 2018. Florence downgraded to a tropical storm Friday evening and is now crawling across South Carolina at a drastically slow rate of approximately 5mph. The Carolinas are now facing the devastating effects of catastrophic storm surge, flash flooding, and prolonged river flooding. Some parts of North Carolina are already inundated with over thirty inches of rain.…