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Property Insurance Coverage Law Blog

“Wear and Tear” or “Wind and Hail” or Both: Fifth Circuit Certifies Questions to Texas Supreme Court Regarding the Doctrine of Concurrent Causation

By Kay Morgan

September 20, 2021

The Policy: Plaintiffs, Frymire Home Services, Inc. and Whitfield Capital LLC (collectively “Plaintiffs”), purchased a commercial policy for their office building in Dallas, Texas from Defendant Ohio Security Insurance Company (“OSIC”). The policy explicitly covered “windstorm and hail” losses but excluded “cosmetic” damage to the roof as well as the standard insurer defense for non-payment—“wear and tear.”…

Property Insurance Coverage Law Blog

How to File a Complaint with the Montana State Auditor’s Insurance Department

By Liberty Ritchie

September 19, 2021

The Office of the Montana Commissioner of Securities and Insurance (CSI) is responsible for regulating the state’s insurance industry. One of the ways it accomplishes this mission is by “serv[ing] as the official advocate for Montana consumers in disputes with their insurance company.”1 If you live in Montana and think that your insurance claim or policy has been delayed, wrongly denied, or deliberately underpaid, you can file a complaint with CSI and request an investigation…

Property Insurance Coverage Law Blog

The Auto-Treatment of Mobile Home Insurance Policies and their Ramifications: Do Not Let Your Insurance Company Roll Away with Both Your Claim and Home

By Anthony Orlando

September 17, 2021

For those who may own a mobile or manufactured home, purchasing insurance for your home is a necessary path to ensuring that your property is protected in the event of a loss. Just to clarify, whether such property is classified as a “mobile home” or “manufactured home” is insignificant for purposes of this blog post as the terms are relatively synonymous. The term “mobile home” is the more traditional classification, whereas the term “manufactured home”…

Property Insurance Coverage Law Blog

Ensuring the California Policyholder Complies with Policy Conditions During the Claim Adjustment

By Victor Jacobellis

September 16, 2021

A California policyholder’s compliance with all insurance policy conditions is required for claim payment. Understanding the conditions will prevent an unnecessary claim denial and will often speed up claim payment. With yet another historic and tragic fire season occurring this year, let’s review the common policy conditions that are typically encountered during the claim adjustment and the best way to manage and ensure the policyholder’s compliance.…

Property Insurance Coverage Law Blog

Who Collects the Insurance Claim Proceeds If the Damaged Property Is Sold?

By Amy Currotto

September 15, 2021

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When properly documented and planned, the sale of a damaged property does not create an opening for the insurance company to escape liability from its insurance obligations. When selling your property during a pending insurance claim, policyholders can assign the claim to a new buyer or retain their right to receive insurance benefits under the policy.…

Property Insurance Coverage Law Blog

Steve Mullins With Louisiana, Mississippi, and Alabama Ties Joins Merlin Law Group

By Chip Merlin

September 14, 2021

Anybody who joined me for our Hurricane Ida webinar yesterday could tell that Steve Mullins is an aggressive and experienced property insurance advocate. Steve was born in New Orleans and is the eldest son of Louisiana parents. Steve grew up in Baton Rouge, Louisiana, and along the Mississippi Gulf Coast in Ocean Springs. He is a proud graduate of Ocean Springs High School, where he was active in football, student government, and all sorts of…

Property Insurance Coverage Law Blog

The Current State of Recovering Attorney’s Fees in Mississippi

By Kathryn Ray

September 13, 2021

“Can I recover my attorney’s fees?” This is a practical question that might come to the minds of insureds when trying to recover their insurance proceeds following a disaster. In Mississippi, the answer to that question depends entirely on the circumstances of the case at hand.…

Property Insurance Coverage Law Blog

How to File a Complaint with the Mississippi Insurance Department

By Liberty Ritchie

September 12, 2021

The Mississippi Insurance Department (MID) seeks to “impartially enforce the laws and regulations” relating to the insurance industry.1 It does this in part by reviewing and investigating consumer complaints about their insurance companies and agents. If you live in Mississippi and think that your insurance claim or policy has been delayed, wrongly denied, or deliberately underpaid, you can file a complaint with LDI and request an investigation into the matter.…

Property Insurance Coverage Law Blog

Flood Claims – Understanding What Constitutes a Covered Loss in a Standard Flood Insurance Policy

By Carter Bess

September 11, 2021

Although there are many factors that may affect coverage for flood claims under the Standard Flood Insurance Policy (“SFIP”) forms, coverage issues typically fall into two categories: 1) is the property for which a claim is being made considered “covered property” under the policy; and 2) has there been “direct physical loss by or from flood.…

Property Insurance Coverage Law Blog

Proof Of Loss is Different Under Louisiana Law—Should You Be Insured by a Slow and Underpaying Insurance Company?

By Chip Merlin

September 10, 2021

In a Puerto Rico Hurricane Michael case involving a Zurich Insurance Company providing a policy to a Louisiana policyholder, an alleged delayed payment resulted in attorneys for Zurich arguing that they could delay owed payments for various excuses. The first issue was what a proof of loss meant under Louisiana law.…

Property Insurance Coverage Law Blog

THE POLICYHOLDER'S ADVOCATE®

Blog Authors

“Wear and Tear” or “Wind and Hail” or Both: Fifth Circuit Certifies Questions to Texas Supreme Court Regarding the Doctrine of Concurrent Causation

How to File a Complaint with the Montana State Auditor’s Insurance Department

The Auto-Treatment of Mobile Home Insurance Policies and their Ramifications: Do Not Let Your Insurance Company Roll Away with Both Your Claim and Home

Ensuring the California Policyholder Complies with Policy Conditions During the Claim Adjustment

Who Collects the Insurance Claim Proceeds If the Damaged Property Is Sold?

Steve Mullins With Louisiana, Mississippi, and Alabama Ties Joins Merlin Law Group

The Current State of Recovering Attorney’s Fees in Mississippi

How to File a Complaint with the Mississippi Insurance Department

Flood Claims – Understanding What Constitutes a Covered Loss in a Standard Flood Insurance Policy

Proof Of Loss is Different Under Louisiana Law—Should You Be Insured by a Slow and Underpaying Insurance Company?

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