Property Insurance Coverage Law

MARCH 16, 2025

Public adjusters, policyholders, and attorneys keep asking me about the recent California smoke damage case where the court held that the smoke damage was not covered under the policy.I wrote about that decision in California Wildfire Attorneys Consider Impact of New Smoke Caselaw.

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Insurance Journal

DECEMBER 2, 2024

With multiple hurricanes rocking Florida and other parts of the Southeast this year, claims professionals have said they are seeing a trend toward “soft fraud,” with more policyholders attempting to include older or unrelated damage in recent storm claims, and …

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Property Insurance Coverage Law

SEPTEMBER 26, 2024

In a case involving alleged hail damage to a commercial building, the court granted summary judgment in favor of the insurer, Charter Oak Fire Insurance Company, after excluding the policyholder’s expert witness.

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Property Insurance Coverage Law

SEPTEMBER 16, 2024

A federal judge ruled last week that policyholders eventually have to “put up or shut up” when it comes to proving that certain interior damages caused by a storm must be the result of damage to the exterior of a building, allowing water to damage the interior of a building.

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Property Insurance Coverage Law

FEBRUARY 3, 2025

We speak deeply about policyholder issues and his heart is always in the right place. He has always welcomed me since I first stepped foot in Texas.

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Property Insurance Coverage Law

SEPTEMBER 30, 2024

The investigative report featured testimony from whistleblowers who claim that insurance companies deliberately altered hurricane damage reports to underpay homeowners, leaving many Floridians struggling to rebuild their lives in the wake … The post CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage (..)

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Property Insurance Coverage Law

MARCH 26, 2025

Property insurance adjustersboth company-employed and independentserve as the backbone of the claims process, ensuring that policyholders receive the full benefits of their coverage as swiftly and fairly as possible.

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Property Insurance Coverage Law

MARCH 26, 2025

Property insurance adjustersboth company-employed and independentserve as the backbone of the claims process, ensuring that policyholders receive the full benefits of their coverage as swiftly and fairly as possible.

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Property Insurance Coverage Law

OCTOBER 14, 2024

Following Hurricanes Helene and Milton, many Florida and southeast residents are left grappling with flood damage – some for the second or third time in recent years.

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Property Insurance Coverage Law

JANUARY 24, 2025

Journalist Jack Healy of the New York Times wrote an article,Their Homes Are Intact, but the Fire Damage Inside Is Unbearable. Healy accompanied wildfire victims back to their homes after the event.

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Property Insurance Coverage Law

JANUARY 6, 2025

In yesterdays post, Policyholders and Public Adjusters Often Need to Hire Their Own Experts, the court found that the insurance policy did not provide coverage for the claimed damages for two primary reasons.1

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Property Insurance Coverage Law

DECEMBER 7, 2024

The Mississippi Supreme Court has affirmed a $10 million punitive damages award against USAA for its bad faith handling of a Hurricane Katrina claim, sending a clear message about insurers’ obligations to their policyholders.1

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Property Insurance Coverage Law

MARCH 2, 2025

State Farm policyholders should be aware of its companys water damage claims processes, as noted in State Farms Water Protocol. After reading the facts and allegations of a recent water claim denial, I would suggest they also should be concerned with alleged experts providing opinions about the cause of water losses.

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Insurance Journal

OCTOBER 9, 2024

Almost two years after a group of independent claims adjusters alleged that insurers had deceptively altered their damage estimates and low-balled policyholders, Florida’s chief financial officer has issued an emergency rule barring similar actions in Hurricane Milton claims. “Any move …

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Property Insurance Coverage Law

NOVEMBER 8, 2024

It is estimated that the Marshall Fire totally destroyed no less than 1,084 homes, and damaged thousands more with penetrating toxins of smoke, ash, char, and soot. Sadly, almost three years after the Marshall Fire caused … The post Policyholders, Public Adjusters, and Contractors Beware!

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Property Insurance Coverage Law

JANUARY 7, 2025

Insurance companies denying hail damage claims are repeat players in the litigation arena. This post will provide more insight and lessons as a grand finale to Policyholders and Public Adjusters Often Need to Hire Their Own Experts, and Policyholders and Public Adjusters … The post Want to Win a Hailstorm Damage Lawsuit?

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Property Insurance Coverage Law

OCTOBER 23, 2024

While Jimmy Patronis and Governor DeSantis trumpet their latest emergency rule as consumer protection following the CBS 60 Minutes Expose noted in CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage Estimates by Claims Management, the reality reveals a different story.

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Insurance Journal

OCTOBER 15, 2024

They make insureds less likely to file smaller claims because either damage falls within the deductible, or is so close to it that the policyholder would rather not … Deductibles serve several purposes. They provide some premium relief for the insured.

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Property Insurance Coverage Law

SEPTEMBER 22, 2024

A recent ruling by a federal trial court stated that the policyholder claimed that a severe hailstorm on May 28, 2021, caused extensive damage to his property, including damage to the roof, vents, flashings, windows, window screens, fascia, gutters, downspouts, and HVAC system.

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Insurance Journal

NOVEMBER 17, 2024

They make insureds less likely to file smaller claims because either damage falls within the deductible, or is so close to it that the policyholder would rather not … Deductibles serve several purposes. They provide some premium relief for the insured.

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Property Insurance Coverage Law

NOVEMBER 30, 2024

Yesterday’s article, State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, Expert Testimony, and Investigation Standards, deserves a follow-up about a recent Texas federal court ruling regarding Texas hail damage to roof cases.

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Property Insurance Coverage Law

AUGUST 14, 2024

One of the more complex damage issues that must be addressed in all fire, smoke, and heat claims is the amount of damage to personal property in areas of a structure far away from the main fire.

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Property Insurance Coverage Law

OCTOBER 5, 2024

When navigating the aftermath of a property damage claim, many homeowners seek professionals to help them secure the best possible settlement from their insurance company. However, policyholders … The post Public Adjusters Prohibited in Arkansas appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

SEPTEMBER 26, 2024

Consequential damages play a significant role in both contract law and insurance claims, but they operate under different frameworks and have distinct implications depending on the context. Consequential damages in contract law are indirect, foreseeable losses that result from a breach of contract.

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Insurance Journal

NOVEMBER 3, 2024

By William Rabb Almost two years after a group of independent claims adjusters alleged that insurers had deceptively altered their damage estimates and low-balled policyholders, Floridais chief financial officer has issued an emergency rule barring similar actions in Hurricane Milton …

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The Property Insurance Law Observer

JULY 25, 2024

June 24, 2024) offers valuable lessons for policyholders regarding the importance of cooperation in the insurance claims process. In Marcantel , the plaintiff suffered damage from Hurricane Laura at two properties in Louisiana. The ruling in Marcantel emphasizes the importance of cooperation in the insurance claims process.

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Triple-I: Homeowners Insurance

FEBRUARY 13, 2025

Insurance affordability in Georgia is dwindling as claim frequency and insurer costs soar, according to the latest issue brief from Insurance Information Institute (Triple-I), Trends and Insights: Georgia Insurance Affordability. Injury claim severity in the state is slightly higher than in the rest of the country.

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Insurance Journal

OCTOBER 15, 2024

When disaster strikes and a policyholder submits a claim, adjusters must quickly produce a comprehensive estimate of the damage so that restoration and replacement procedures can be placed in motion. This post is part of a series sponsored by CoreLogic.

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The Property Insurance Law Observer

JULY 29, 2024

Actual cash value of the stolen or damaged property less the deductible; or 2. Payment of loss We may pay for loss in money or repair or replace the damaged or stolen property. If we return stolen property we will pay for any damage resulting from the theft. Our limit of liability for loss will be the lesser of the: 1.

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Property Insurance Coverage Law

NOVEMBER 24, 2024

Insurance policies that provide broad coverage across multiple items or locations can be a policyholder’s best friend. A recent federal court decision in Louisiana 1 highlights the complexities in determining whether a policy provides blanket or scheduled coverage – a distinction that can significantly impact claim payments.

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The Property Insurance Law Observer

MARCH 4, 2024

26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a winter storm, where large amounts of rain and melted snow backed the drain up and the force of the water pushed through the exterior door causing damage to the entire basement level.

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Triple-I: Homeowners Insurance

JANUARY 20, 2025

The moment of a claim of whatever tragedy or inconvenience that has happened is a human moment. Role of telematics Usage-based insurance, for instance, allows insurers to tailor auto rates based on the policyholders driving behavior, tracked by telematics. Insurance is a human business, Kempton said.

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American Agents Alliance

OCTOBER 24, 2024

By Mark Robinson In July 2024, a significant class action lawsuit was filed against the California FAIR Plan, accusing the state’s fire insurance backstop of improperly denying smoke damage claims in violation of California Insurance Code Sections 2070 and 2071.

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The Property Insurance Law Observer

MARCH 12, 2024

On November 20, 2021, after the home was vacant for an extended period of time, unidentified individuals broke into and damaged Plaintiffs’ property, taking various items. The claim included the cost to replace various appliances, and an additional $1,310 for the value of other stolen personal property, including certain tools and clothing.

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American Agents Alliance

JULY 17, 2024

Every part of the insurance lifecycle is changing in the digital age, including the handling of claims. Agents and brokers play important roles in the digital claims management process, from educating policyholders on loss mitigation to helping insureds file claims and work with their insurers.

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Distinguished

MARCH 20, 2025

Other common violations include sanitation and plumbing issues , such as leaking pipes that lead to water damage and mold growth, as well as problems with sewage and drainage systems. These legal factors are critical when it comes to determining liability in cases where unresolved violations have led to damages or injuries.

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Distinguished

MARCH 6, 2025

Along with this, mold and water damage often due to leaking pipes, poor ventilation, or roof damageposes serious health hazards if not promptly repaired. These cases often focus on whether an insurer is required to cover damages when a policyholder has violated housing codes or other regulations.

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