Month: June 2011

Contractors Cannot Legally Negotiate Insurance Claims | Property Insurance Coverage Law Blog

Following massive hail damage losses, the Arizona Department of Insurance issued a statement which reiterates a warning I have given time and again: [C]ontractors cannot “negotiate” the settlement of the insurance claim with the insurance company representatives on behalf of the property owner… I have also made this point as a warning to company and independent …

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Deconstructing the All-Risk Policy: In the Beginning, Part 2 | Property Insurance Coverage Law Blog

Last week, I began a brief history of the all-risk policy. I left off at the point where insurance companies were beginning to add more perils to their policies. Originally, these perils were added by underwriters, many times at the consumer’s request. In an effort to simplify the underwriting process and increase profits insurance companies …

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Ensuring Adequate Payments From the Insurer to Properly Replace a Hail Damaged Roof | Property Insurance Coverage Law Blog

Last week I discussed Colorado case law which requires an insurer to replace a hail damaged roof to its pre-loss function, even if such replacement places the insured in a better position than before the loss. See Dupre v. Allstate Ins. Co., 62 P.3d 1024, 1031-32 (Colo. App. 2002). Policyholders may be entitled to payments …

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Californians Must Know Their Rights Before Limitations Period Runs | Property Insurance Coverage Law Blog

The California landscape has changed dramatically from when I was a child growing up in Southern California. The population boom that California experienced with the dot.com companies (in Northern California) and the extensive building of homes in Southern California have changed the landscape forever. Despite all these changes, I love living in California and have …

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Unnamed Persons May Enforce Property Insurance Policies | Property Insurance Coverage Law Blog

Do you have to be named on a property insurance policy to enforce it? The answer in Florida is “no,” so long as you have an insurable interest in the policy. This issue comes up repeatedly, as many forced placed policies are obtained during the current economic climate. Today, many property owners are behind payments …

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What Has Happened To The Rebuttable Presumption Of Prejudice In A Recent Late Notice Case? | Property Insurance Coverage Law Blog

In Late Notice Of The Claim Part 1 — Contrary to The Popular Belief of Insurance Carriers in Florida, Late Notice Is Not Necessarily An Absolute Coverage Defense, I wrote that the late notice defense is not an absolute coverage defense. In that post, I discussed the test the Florida Supreme Court has applied to late …

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It Is All In the Presentation – Understanding Business Interruption Claims, Part 78 | Property Insurance Coverage Law Blog

In the book Business Interruption: Coverage, Claims and Recovery, the authors devote a section to discuss relevant issues surrounding the presentation of reports and data in support of a business income claim. We live in a world where information is being stored in “clouds;” knowing exactly how to gather, collect and present business data after …

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