What is The Role of The Appraiser In An Insurance Appraisal? What is The Role of The Umpire?

What is The Role of The Appraiser In An Insurance Appraisal? What is The Role of The Umpire?

The proper and ethical role of an insurance appraiser and umpire has been on my mind as I prepare my presentation for next week’s P.L.A.N. Appraiser & Umpire Certification Conference in Denver, Colorado. I am certain everybody reading this post who has participated in an appraisal thinks they have the correct opinion of these roles.... Continue Reading

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A $44 Million Verdict After Wrongful Denial of a Boiler and Machinery Claim—Yet No Bad Faith?

A  Million Verdict After Wrongful Denial of a Boiler and Machinery Claim—Yet No Bad Faith?

How often do insurance companies shop for a new opinion looking for a way to deny coverage of a large loss? This was the situation in a recent trial which resulted in the insurer being liable for $44 million. The facts summarizing the “shopping” for a new expert opinion regarding a boiler and machinery loss... Continue Reading

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Larry Bache To Speak at Windstorm Insurance Network Western States Case Law Review

Larry Bache To Speak at Windstorm Insurance Network Western States Case Law Review

The Windstorm Insurance Network is a unique insurance claims organization because it insists on providing competing insurer and policyholder positions regarding claims issues. Long ago, in 2008, I discussed the history and philosophy of the Windstorm Insurance Network in The 2009 Windstorm Insurance Conference: The Windstorm Insurance Conference was founded nearly a decade ago by... Continue Reading

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What Are the Rights of a Simple Loss Payee?

What Are the Rights of a Simple Loss Payee?

Loss payees are supposed to be included on payments of claims checks. Depending on the language of the loss payable clause, that might be the only right a loss payee has. A recent federal decision from Alabama reinforced a post I made 12 years ago in Loss Payable Clauses and Standard Mortgagee Clauses: Know the... Continue Reading

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Catching Up On Summer 2022 Along The Jersey Shore, Ohio Limitations on Punitive Damages In Bad Faith Cases and Colorado Appraisals

Catching Up On Summer 2022 Along The Jersey Shore, Ohio Limitations on Punitive Damages In Bad Faith Cases and Colorado Appraisals

If you have not been to the Jersey Shore in the summer, you have missed out. My mother grew up in Philadelphia and always talked about going to the New Jersey beaches in the summertime. Following Superstorm Sandy in 2012, I lived and worked in New Jersey and greater New York City. Two of my... Continue Reading

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Alarm Bells Should Be Ringing For Anyone In Louisiana With An Unresolved Insurance Claim Stemming From Hurricane Laura

Alarm Bells Should Be Ringing For Anyone In Louisiana With An Unresolved Insurance Claim Stemming From Hurricane Laura

August 27th marks the two-year anniversary of Hurricane Laura’s landfall in Southwest Louisiana, and besides bringing back a lot of painful memories, that means it will be the last day to bring a lawsuit against insurers for damages caused by that storm. If the claim is not resolved prior to August 27th, and no lawsuit... Continue Reading

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Forum Selection Clauses in Excess Policies

Forum Selection Clauses in Excess Policies

Forum selection clauses that designate where lawsuits must be brought are becoming much more common in surplus lines carriers. These are often inserted by surplus underwriters and can cause a great deal of extra expense to a policyholder having to litigate in a faraway place. A recent example is a case where a Napa vineyard... Continue Reading

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Calculating Actual Cash Value and Depreciation in California

Calculating Actual Cash Value and Depreciation in California

Stemming from the McCarran-Ferguson Act of 1945, insurance is regulated by the states. Knowing variations of the law and regulations is a necessity for insurance professionals crossing state lines. These state-by-state variations in law include the basics, such as determining replacement cost and actual cash value. Check out Chip Merlin’s recent blogs, The Devil Is... Continue Reading

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California Requires Actual Cash Value Payment By Code

California Requires Actual Cash Value Payment By Code

California has a code requirement that insurance companies must pay the actual cash value of a loss under a replacement cost policy if the replacement cost benefit payment is dependent on the policyholder first repairing, rebuilding, or replacing the damaged structure. Here is the Code provision: § 2051.5. Measure of indemnity based on cost of repair,... Continue Reading

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The Devil Is in the Details When Making a Claim with Church Mutual Insurance Company

The Devil Is in the Details When Making a Claim with Church Mutual Insurance Company

Brothers, sisters, elders, and pastors better think twice before getting insurance with Church Mutual Insurance Company. Church Mutual claims managers will read the insurance policy looking for the most ingenious way not to pay a church following a disaster. Proof of this is found in a recent Hurricane Michael case where Church Mutual successfully argued... Continue Reading

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