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Property Insurance Coverage Law Blog

FEMA Extends Application Deadline for Texas February Winter Storm Assistance

By Alyssa Salinas

April 21, 2021

About two months ago, Winter Storm Uri left millions of Texans stranded in the cold without water, electricity, or heat. This tragic and historic event arrived abruptly, but it left lingering effects for many. The Federal Emergency Management Agency (FEMA) declared this event as a major disaster. Thousands of homeowners and renters incurred property damage or other storm-related costs. FEMA offered assistance to 126 of the 254 counties1 in Texas with an application deadline of…

Property Insurance Coverage Law Blog

Florida Insurance Company Attorney Calls Out Bad Insurance Legislation Harming Floridians—Join Me on Today’s Tuesday @2 With Chip Merlin

By Ruck DeMinico

April 20, 2021

John Pappas was the senior partner of Florida’s largest property insurance defense firm. He has written a “white paper” about the Florida legislation in HB 305, currently pending in the Florida House. His conclusion is as follows when it comes to frivolous lawsuits and stopping insurance litigation:…

Property Insurance Coverage Law Blog

The Insurance Coverage Gap Worsens—Farmers Policy Changes Approved

By Courtney Abrams

April 20, 2021

Last week the Supreme Court of Texas weighed in on a longstanding dispute regarding the decision by Farmers Group Inc. (“Farmers”) to replace their HO-B homeowner policies with less comprehensive HO-A policies, back in 2001.1 Following an influx of mold claims in Texas, Farmers and other insurers decided to replace their HO-B policies, a broad “all-risk” policy, with narrower HO-A policies, or “named peril” policies.…

Property Insurance Coverage Law Blog

Register Now for the PPAANJ Spring Educational Meeting Being Held on May 12, 2021

By Daniel Ballard

April 19, 2021

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.…

Property Insurance Coverage Law Blog

Florida Motion for Summary Judgment Standard Update

By Jamie Glass

April 18, 2021

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…

Property Insurance Coverage Law Blog

Florida Senate Bill 76 is Bad for Florida Policyholders

By Dennis Bailey

April 17, 2021

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.…

Property Insurance Coverage Law Blog

Denying Claims Based Off Conflicting Policy Provisions Violates Florida Law

By Nicholas Conklin

April 16, 2021

Text Claim Denied appearing behind ripped brown paper

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.…

Property Insurance Coverage Law Blog

New York Statute of Limitations and the Effect of the COVID-19 Closures

By Kyle Bugden

April 15, 2021

Statute of limitations (SOL) on a court desk.

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.…

Property Insurance Coverage Law Blog

Can Insurance Companies Avoid Appraisal by Alleging the Amount Claimed is Fraudulent?

By Chip Merlin

April 14, 2021

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.…

Property Insurance Coverage Law Blog

Florida Rates Go Up and Rights Go Down—Florida’s Proposed Legislation Does Nothing for Policyholders Discussed on Tuesday @ 2 With Chip Merlin

By Chip Merlin

April 13, 2021

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.…

Property Insurance Coverage Law Blog

THE POLICYHOLDER'S ADVOCATE®

Blog Authors

FEMA Extends Application Deadline for Texas February Winter Storm Assistance

Florida Insurance Company Attorney Calls Out Bad Insurance Legislation Harming Floridians—Join Me on Today’s Tuesday @2 With Chip Merlin

The Insurance Coverage Gap Worsens—Farmers Policy Changes Approved

Register Now for the PPAANJ Spring Educational Meeting Being Held on May 12, 2021

Florida Motion for Summary Judgment Standard Update

Florida Senate Bill 76 is Bad for Florida Policyholders

Denying Claims Based Off Conflicting Policy Provisions Violates Florida Law

New York Statute of Limitations and the Effect of the COVID-19 Closures

Can Insurance Companies Avoid Appraisal by Alleging the Amount Claimed is Fraudulent?

Florida Rates Go Up and Rights Go Down—Florida’s Proposed Legislation Does Nothing for Policyholders Discussed on Tuesday @ 2 With Chip Merlin

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