Category: Insurance Problems

Property Damage attorneys will occasionally run into dispositive motions filed by Insurance Company attorneys looking to dismiss the lawsuit based on the following language from the policy’s loss settlement provision: We will pay no more than the actual cash value of the damage until actual repair or replacement is complete The insurance company will cite… Continue Reading

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Many insurance policies have a one-year suit limitation clause, which precludes the policyholder from suing for breach of contract after the one-year period has passed.1 In West Beach Condominium v. Commonwealth Insurance Company (“West Beach”),2 the Court of Appeals of Washington was asked whether under Washington Law an insurance policy one-year suit limitation clause barred… Continue Reading

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Merlin Law Group attorney Etienne Font lives in Tennessee and Jeff Carter still works and has significant family relationships in Nashville. We were talking about tornado destruction, which has such little warning and is one of the most terrifying weather events for those in the path. Now, the cleanup and insurance recovery begins. Interestingly, Tennessee… Continue Reading

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On February 14, 2020, the Iowa Supreme Court dismissed the case of 33 Carpenters Construction, Inc., (“33 Carpenters”) against State Farm Life and Casualty Company (“State Farm”).1 33 Carpenters approached the insureds after a hailstorm to see if they would allow them to inspect their roof. 33 Carpenters found hail damage and entered into a… Continue Reading

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Matt Morgan is running for the Texas legislature. He won the first primary on March 2 with 49.7% of the vote. He almost won without a runoff. This is Matt’s biography: ‘My great-grandparents, my mom, and my sister were all Texas educators. Serving others is in my family’s DNA, and that makes me very proud.’… Continue Reading

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Depreciation is a major topic with property insurance. It seems like such a “nickel and dime” way to increase profits. So, why are property insurance companies now doing this and having their hired gun attorneys argue that this is the correct way to adjust claims? Some skeptics, me included, have suggested since insurance companies are… Continue Reading

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Property which simply wears out or is damaged by rot is never covered, right? That is what most insurance company adjusters and attorneys will say. Indeed, they will defiantly state something like: “This is a property insurance policy and not a maintenance contract.” So, what happens if the damaged portion of the property cannot be… Continue Reading

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Insurance agents play a very important part of making the insurance product work for everybody. Most people and business owners rarely think of all the risks they face. Insurance customers certainly do not study insurance policy forms and coverages which will soften the financial blow should one of those risks of loss become a reality…. Continue Reading

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This morning’s post, Coronavirus Causing You Business Losses? Your Insurance could Provide Relief, is extremely important given the severity of the expected virus on business. Australian insurance professor Alan Manning recently wrote an excellent article on the topic. I have read numerous other articles and analysis of the issue. So, let’s start with the basics…. Continue Reading

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The coronavirus is wreaking havoc on supply chains, interrupting business and eliminating profits. Can insurance help? Maybe. Insurance products to help businesses deal with income losses are commonplace. But typically, that insurance is only triggered when there is physical damage to insured property. The coronavirus doesn’t damage property, right? Maybe it does. What happens when… Continue Reading

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