As we gather around our tables this Thanksgiving, adorned with the traditional spread of turkey, stuffing, and pumpkin pie, it’s a time to reflect on what we are truly grateful for. For many of us, this includes the roof over
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Church Mutual Is Not So Holy When It Comes to Good Faith Claims Practices
Do you remember the post, Church Mutual Found To Be Systematically Underpaying Claims By a Federal Judge and Engle Martin Grossly Underestimated the Loss? Guess who was found guilty of engaging in unfair insurance claims practices last week? Church…
Insurance Commissioners and Regulators Need to Protect Policyholders From Disappearing Actual Cash Value Benefits
Consider a scenario where a structure, such as a brand new home, is completely destroyed by a fire just a day after the homeowner moves in. In this instance, the replacement cost, which undeniably encompasses the general contractor’s overhead and…
Does a Structure Have a Market Value? Arriving at Actual Cash Value In Partial Loss Situations Before Replacement Cost Policies Existed
The principle of indemnity has been a pivotal topic in insurance cases and treatises, especially in discussions about the meaning of ‘actual cash value’ in policies before the emergence of what are commonly referred to as so called ‘replacement cost’…
Property Loss Prevention and Laws Are Not New Ideas But Necessary
Property loss prevention and associated laws are often perceived as modern endeavors designed to navigate the complexities of contemporary insurance risk management. However, these concepts are far from new. They are deeply rooted in American insurance history and have evolved…
The Courts Just Made It Tougher for Adjusters and Engineers to Use Some Automated Weather Reports
Note: Howard Altschule is the Founder and CEO of Forensic Weather Consultants, one of the largest weather expert firms in the country. He is the recipient of the coveted “Certified Consulting Meteorologist” (C.C.M.) designation from the American Meteorological Society…
Are Insurance Arbitrations Fixed for Insurance Companies?
A recent filing1 by my friend and colleague Jeff Raizner certainly brings home a concern that insurance companies and their lawyers want a stacked deck to win at any cost when it comes to arbitration. State legislators and…
Lloyd’s Brand and Public Adjuster Ethics
If the facts are true, a lawsuit filed by Lloyd’s America against a Texas public adjuster1 will be placed in the truth is stranger than fiction category. …
Bad Faith Secrets and Protective Orders
The insurance claims industry is in a constant battle to prevent policyholders and the public from knowing all the bad faith actions insurers do to delay, deny, and underpay claims. Like any bad actor, secrecy of the wrongful action is…
Cosmetic Damage Hail Issues—Biased Engineering Reports and Bad Faith
Dan Ballard is at the Professional Public Adjuster Association of New Jersey (PPAANJ) Fall meeting, making a presentation about “Everything New Jersey.” One case he highlights in the presentation is from a hail damage case where “cosmetic damage” was an…