Chip Merlin | Property Insurance Coverage Law Blog | September 21, 2018 Insurance companies routinely argue for immunity from their wrongful actions because acts of their customers are not perfect following a loss. Policyholders are not claims specialists. Policyholders generally are not in the insurance claims business much less the civil litigation business which the… Continue reading Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions
Category: Insurance Claims
Florida Appellate Court Finds Implications Of Bad Faith In Claims Handling Not Proper In First Party Insurance Coverage Dispute
Ashley Kellgren | Traub Lieberman Straus & Shrewsberry | August 17, 2018 In two separate opinions, Florida’s Fourth District Court of Appeals reiterated the longstanding principle that issues regarding the quality of an insurer’s adjustment of a claim and bad faith should not be interjected into a first party insurance coverage action. In Citizens Prop. Ins.… Continue reading Florida Appellate Court Finds Implications Of Bad Faith In Claims Handling Not Proper In First Party Insurance Coverage Dispute
I Reported My Claim Eight Months Ago! Am I Entitled to Interest Upon Resolution?
Beaujeaux de Lapouyade | Property Insurance Coverage Law Blog | July 20, 2018 This blog follows a telephone conversation I had with an insurance carrier representative who disputed the policyholder’s entitlement to interest under Florida Statute § 627.70131(5)(a). Insurance carriers have a statutory duty to pay interest on claims after refusing or delaying payment of policy… Continue reading I Reported My Claim Eight Months Ago! Am I Entitled to Interest Upon Resolution?
Before the Slip and Fall: Lease Drafting Guidance for Tenants
Scott R. Kipnis | ICSC Some of the most prevalent, mundane, and time- and money-consuming claims that tenants find themselves litigating stem from slip-and-fall accidents in shopping center common areas. The lease between landlord and tenant, specifically the allocation of maintenance obligations as well as indemnification and insurance provisions, is often the determining factor of… Continue reading Before the Slip and Fall: Lease Drafting Guidance for Tenants
It Took My Carrier Almost a Year to Make Their Coverage Determination, and Now I am Being Told That the One-Year Limitations Period Under the Policy Ends in a Few Days. Is That Right?
Kesha Hodge | Property Insurance Coverage Law Blog | July 15, 2018 Most insurance policies contain a contractual provision that sets forth the time frame in which the insured must commence suit should a dispute arise concerning the policy. In many instances, these limitation provisions provide that the insured must file suit no later than… Continue reading It Took My Carrier Almost a Year to Make Their Coverage Determination, and Now I am Being Told That the One-Year Limitations Period Under the Policy Ends in a Few Days. Is That Right?