Insurance Journal

OCTOBER 1, 2024

Insurance agents in the mountain city of Asheville, North Carolina, said they and their policyholders have been stunned by the catastrophic damage brought so far inland by Hurricane Helene, which dumped 14 inches of rain on the picturesque community 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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Insurance Journal

JULY 24, 2024

A class action lawsuit is being brought on behalf of more than 350,000 policyholders against the California FAIR Plan over smoke damage coverage. Dylan Schaffer, an attorney representing the plaintiffs, told SiliconValley.com the idea behind the suit is to force …

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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 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

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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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

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 4, 2024

The duties of an insurance agent to the policyholder will differ depending on state law. Yesterday’s post about a Michigan coverage case, Order and Bind Insurance Before the Loss—Commercial Policy Covers Water Damage Under Drain Backup Endorsement, noted that there was also an issue with insurance agent negligence.

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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 2, 2025

State Farm policyholders should be aware of its companys water damage claims processes, as noted in State Farms Water Protocol. These are some of … The post State Farm Water Damage Protocols and Insurance Company Expert Witnesses appeared first on Property Insurance Coverage Law Blog.

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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 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

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

OCTOBER 15, 2024

This year, a record-tying … The post Tornado Damage During Hurricanes: Navigating the Deductible Dilemma appeared first on Property Insurance Coverage Law Blog. He has written this post as an Independent Adjuster and not on behalf of the IAUA.

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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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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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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

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

DECEMBER 1, 2024

This post gives State Farm a three-day winning hat trick following State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, … The post State Farm Wins Worn-Out Plumbing Case: Ensuing Water Damage Not Covered Under State Farm’s Language appeared first on Property Insurance Coverage Law Blog.

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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

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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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

DECEMBER 15, 2024

I have a vision of Amy Bach, the Executive Director of United Policyholders, jumping for joy as she read the North Carolina Supreme Court opinion, which the insurance industry must think of as a Friday the 13th ruling.

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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

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 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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Property Insurance Coverage Law

DECEMBER 17, 2024

The Importance of Proving Damages for Partial Losses appeared first on Property Insurance Coverage Law Blog. A recent builders risk insurance dispute out of Tennessee 1 involving collapse caught my attention because of the opening facts recited by the court: How many fallen bricks does a collapse make?

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Property Insurance Coverage Law

SEPTEMBER 15, 2024

If you’ve suffered property loss or damage, knowing what your insurance covers is crucial. Understanding recoverable depreciation can help policyholders get the full replacement cost for damaged or destroyed items, not just their depreciated value.

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Insurance Journal

AUGUST 8, 2024

California Insurance Commissioner Ricardo Lara issued a one-year moratorium on insurance companies to preserve residential insurance coverage for more than 185,000 policyholders affected by the Park, Borel and Gold Complex fires. The moratorium shields those living within the perimeters or …

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Insurance Journal

JULY 24, 2024

does not have to comply with a provision of the New Mexico Superintendent of Insurance emergency order for insurers to pay $5,000 in living expenses to policyholders forced … A Santa Fe District Court ruling that State Farm and Casualty Co.

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Insurance Journal

NOVEMBER 18, 2024

California Insurance Commissioner Ricardo Lara issued a mandatory one-year moratorium on insurance companies to preserve residential insurance coverage for more than 200,000 policyholders affected by the Mountain Fire, which has destroyed 243 structures. The order shields those living within the …

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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. State Farm Fire , No. 2:22-CV-01511, 2024 U.S. LEXIS 111077 (W.D.

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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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