A few years ago, I asked Merlin Law Group attorney Doug Grose, “How did we end up in arbitration in London, England with policy delivered in Texas, a loss in Houston, Texas and our client from Houston, Texas?” He told me there was an arbitration provision and the federal court ordered us to go to arbitration in London because that is where the policy required the arbitration take place. I asked Doug: ”Geez, forgetting…

The Win The Storm conference was abuzz about a trio of Iowa cases that ruled void residential restoration contracts.1 The primary lesson to insurance restoration contractors is the promises made in contracts and found in advertisements may lead to contracts being found void pursuant to laws in many states. Contractors can expect insurance companies and possibly their own customers to challenge Assignment of Benefits and other construction contracts where insurance restoration contractors promise to provide…

Effective communication with an insurance company is one of the best tools available to successfully resolve claims. I have heard time and time again from insurance adjusters and defense attorneys that poor communication is one of the chief reasons that claims are undervalued and low settlement values are assigned. I outline some basic tips for effective advocacy.…

The Win The Storm conference is in Phoenix, and I stopped by the Merlin Law Group office in Phoenix to visit with some of our attorneys. The above photo is with two of our Phoenix attorneys, Courtney Abrams and Nick Smith.…

The purpose of a Civil Remedy Notice (“Notice”) is to provide an insurance company with a final opportunity to comply with its good-faith claim handling obligations and fix previous wrongdoings.1 Once a property owner files a Notice, the insurance company has a sixty-day window to fix the alleged wrongdoings to avoid “bad-faith” litigation.2 However, when an insurance company commits multiple wrongdoings, it may be necessary for an insured to file multiple Notices.…

In Florida, certain first-party property cases are being ordered to non-binding arbitration. Under the statute and the State’s procedural rules, a Florida court may refer a civil case to arbitration before going to trial.1 While every case is different, resolving a case before trial can sometimes be favorable (e.g., through mediation). Participating in a non-binding arbitration is one way for early resolution. However, despite its name, a non-binding arbitration is not inherently devoid of risk…

Buying a home is generally the biggest investment that most people are likely to make. But with the excitement of buying a home, does anyone ever consider the costs of repairs? Probably not. Both a Home Warranty Policy and a Homeowner’s Insurance Policy can operate to protect the cost of some home repairs, but it is important to know the difference in these two policies.…