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Can An Insurance Company Waive A Defense Based On Lack Of Insurable Interest? 27 Aug 2013 | 03:30 pm
Can an insurance company waive a defense based on lack of insurable interest by accepting premiums for the policy and issuing it? It may depend on the jurisdiction you are in. If the insurance company...
New York Insureds: How Does Your Insurance Company Measure Up? 26 Aug 2013 | 03:30 pm
(Note: This guest blog is by Ashley Smith, a recent law graduate clerking in our Tampa, Florida, office) The New York Department of Financial Services provides New York insureds a way to grade their ...
Sandy Changing More Than the Insurance Landscape 25 Aug 2013 | 09:38 pm
If you have been following this blog for a while, you are well aware that Hurricane Sandy has had a momentous impact on the insurance industry here in New Jersey. However, when looking into the detail...
Consumer Advocate Meetings Continue with the Mission to Help Floridans with Insurance Problems 24 Aug 2013 | 06:11 pm
Robin Westcott, Florida's Consumer Advocate, led another meeting of the Homeowners' Policy & Claims Bill of Rights Working Group – this time in Clearwater, Florida. Westcott’s office will proffer a dr...
Deposing Carrier Attorneys and Confirming the Completeness of Carrier Discovery Responses: Dynamite Discovery Decisions, Part 10 23 Aug 2013 | 07:30 pm
It is not breaking news that attorneys retained by insurance companies to adjust claims are susceptible to discovery, including depositions. Indeed, I have blogged about that in the past. This post di...
A Fun Day - Joining the New York Bar and Talking with Chris Christie 23 Aug 2013 | 03:20 pm
In Oh The Places You Will Go---Especially in the Insurance Claim Industry, I discussed how interesting it is to do the things we get to do in this insurance claim business. Wednesday was one of those ...
Wind Driven Rain v. Hail Damage 22 Aug 2013 | 11:10 pm
Hail storms across Texas have brought out the worst conduct in some insurance companies. We have found some, if not many, insurance adjusters making assessments of damage without closely inspecting fo...
Flood Insurance Not Flowing Following Superstorm Sandy - Homeowners Insurance Even Worse 21 Aug 2013 | 10:03 pm
Union Beach, New Jersey, took a very hard hit from Superstorm Sandy. Over 80% of Union Beach residential structures had flood waters above two feet. The sad statistic is that even with flood insurance...
California's Unfair Competition Law Can Provide an Independent Cause of Action Against an Insurance Company 21 Aug 2013 | 06:16 pm
Earlier this month, the California Supreme Court issued its highly anticipated decision in the case Zhang v. Superior Court of San Bernardino County.1 The Court addressed the question of whether insu...
If A Separate Loss Occurs as a Result of A Design Defect, It May Be Covered Under Your Insurance Policy 20 Aug 2013 | 03:30 pm
If there is a design defect to a part of your property, then most insurance policies will contain exclusions for those design defects. Depending on the type of policy that you have and it’s wording, i...
