Tag Archives: Insurance
The Foul Smell of the Absolute Pollution Exclusion
Policyholders in Colorado beware, Colorado’s Appeals Court recently determined that sewage is a pollutant, and that the Absolute Pollution Exclusion, found in many property and liability policies, unambiguously excludes property damages and injur…
Pitfalls to Avoid After a Loss
Recently, there was an article in the USA Today titled, “States fight back on shady ‘storm chaser’ contractors.” The article pointed out the concerns that some states have with dishonest contractors approaching homeowners a day or two after…
What Are The Parties To Do When There Is A Breakdown In The Appraisal Process?
This was an issue recently in a Florida case from the Second District Court of Appeal, Jyurovat v. Universal Property & Casualty Ins. Co., No. 2D11–712 (Fla. 2d DCA April 13, 2012). The Court stated “[t]he insurance policy does not addr…
Not all Experts are Created Equal
Claims between policyholders and their insurance companies can seem simple. I often hear, “My roof didn’t leak prior to the storm and now it does. How can the insurance company say it wasn’t a result of the storm?” Generally, wh…
The National Spotlight Is Focused on a Florida Sinkhole: Check Your Policy and Verify That You Are Covered
On May 3, 2012, homeowner Lou Lambro woke to discover this one hundred feet wide and fifty feet deep sinkhole forming in his yard.
According to local news outlets, Mr. Lambro had sinkhole insurance and his property has been labeled as a total loss…
Courts Affirm that an Insured Must Comply with Post-Loss Duties
After a major loss, an insured is devastated. It is at this time, that an insurance company is needed to aid the insured in accordance with the contract (policy) the insured and insurance company entered into.It’s also at this time that the insured&rsq…
Disciplinary Information Has Become Harder to Find Under New Texas Department of Insurance Commissioner Eleanor Kitzman
If you wanted to find out whether an attorney you were thinking about hiring has ever been disciplined by the Texas Bar, you can find that information online. It is made available to the public by the Texas Bar. The same goes for doctors, nurses, and a…
Residents Of A Condominium Association In New Orleans Find Out Their Unit Is In The Basement…At Least By Its Legal Definition
Is it possible to have a basement in New Orleans, a city where some areas are actually below sea level? That was the question facing the Fifth Circuit Court of Appeals in King v. Casa Grande Condo. Assoc., Inc., 416 Fed. Appx. 363 (5th Cir. 2011).The c…
Contents Inventory Smart Phone App and Documenting Your Personal Property, Part I
Yes, there is an app for that. The National Association of Insurance Commissioners has created a phone application that was designed to quickly capture images, descriptions, bar codes, and serial numbers to make a contents inventory for homes or busine…
The Value in Florida’s Valued Policy Law: The Importance of Being Adequately Insured
Florida Statute §627.702 is Florida’s Valued Policy Law. In short, the Valued Policy Law provides an insurer is liable for policy limits if a covered loss destroys a covered structure. This is significant because when disaster strikes, polic…
