Depreciating Labor is Against Public Policy When Calculating Actual Cash Value
The Arkansas Supreme Court ruled last week that depreciating labor is against public policy when calculating the actual cash value of a loss.1 This was despite insurance policy language permitting the...
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State Farm Employee and McKinsey Insurance Consultant Accused of Fraud
Ed Rust must have muttered, "you've got to be kidding," after learning that a McKinsey & Company consultant and State Farm employee were accused of siphoning about $900,000 in consulting fees and...
View ArticleLawyer Sued For Filing Claims on Behalf of Policyholders He Does Not Represent
I suppose if business is really bad for some lawyers, they could just fantasize about representing people and seeking justice. If the pleadings filed by Allstate are true, one Texas lawyer went beyond...
View ArticleNew Appraisal Clauses Change Appraisal
State Farm and Farmers have created new property insurance policy forms which significantly change the rules of appraisal. One of the trends of insurance coverage is that new policies are not being...
View ArticleDon't Miss the 2016 Windstorm Insurance Conference
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View ArticleWhat Is and Is Not Vandalism and Theft Loss in a Property Insurance Policy
Ever wonder what is in thieves and criminals minds when they are rummaging through stuff to either steal or destroy property? One recent Connecticut case, Mercedes Zee Corp. v. Seneca Insurance...
View ArticleUnauthorized Practice of Public Adjusting and the Lon Smith Roofing Case...
Public adjusters and policyholder attorneys were enamored with the possibility of filing class action lawsuits against contractors and roofers with contingent fee contracts or contracts that include...
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Valuation Provisions and Theory is Important to Property Insurance Adjusters
I gave a speech, "Coverage Changes to Texas Insurance Policies” to the Texas Association of Public Insurance Adjusters last week. One aspect of that presentation concerned historical notions of...
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Roofing Manufacturer Manuals Must Be Considered With Damaged Roof Insurance...
Merlin Law Group held a very successful and fun "Learn The Ropes While Skiing The Slopes" Seminar in Colorado last week where we analyzed roof insurance claims. The cool picture above was taken of me...
View ArticlePolicyholders Should Carefully Pick Their Lawyers -- Voss Law Firm Loses...
In this day of lawyer Internet advertising, policyholders should carefully consider the lawyers they select. Most of my policyholder lawyer colleagues I have met and worked with over the years doing...
View ArticlePair, Set and Match
A public adjuster recently asked me about a hotel that was under a specific brand and the contract to maintain the brand required the rooms and furniture to match. Following a loss, the insurance...
View ArticleNew Jersey Public Adjusters Have Lien Rights Over Banks
After winning the battle against an insurance company, many public adjusters and policyholder attorneys have a second fight against banks. Banks are often included on insurance payment checks as...
View ArticleAnalyzing the Insurance Policy: "Who" is Insured Should Be the First...
The systematic process of analyzing a property insurance policy has been a topic in my last three seminars before public adjusting groups. I am suggesting a methodology so issues are uncovered early...
View ArticleManaged Repair is the New Managed Care: Insurers Race to the Bottom Line
How many of you think your doctor-patient relationship is better under managed care managed by your health insurer? The vast majority of health insurance policyholders and virtually all doctors think...
View ArticleSteve Badger Rants and Then Files Class Action About Hail Claims Misconduct
Steve Badger's recent article regarding hail damage claims, The Emerged Hail Risk: What the Hail is Still Going on and Getting Worse, is a bit of a rant. He had one nice thing to say about me being "a...
View ArticlePublic Adjusters Argue For Class Action Certification Against Roofer Accused...
Roofers and contractors must be extremely careful not to step over the line and act as public insurance adjusters. I have given three speeches to insurance restoration contractors and roofers over the...
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Merlin Law Group Hires a Fighter in Los Angeles
How many false lawyer advertisements have you read or seen saying that an attorney is a "fighter?" Well, Merlin Law Group took care of that when we hired now former insurance defense attorney Kevin...
View ArticleHail Storms, Wear and Tear, and Inadequate Maintenance
Hailstorms are wreaking havoc as noted in Brandee Bower's post yesterday, Greetings From Hail Alley. After contacting their insurance companies, some policyholders unfortunately find their insurance...
View ArticleMatching Damaged Property of Residential Losses
Rutgers Law Professor Jay Feinman was commissioned by United Policyholders to write a report on the issue of "matching" following property losses to residential structures. He summarized the issue of...
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