Colorado’s Cooperation Law, enshrined in C.R.S. § 10-3-1118, was designed to protect policyholders from unfair denials based on alleged failures to cooperate. It sets a clear legal standard: If an insurer wants to rely on a non-cooperation defense, it must first follow a series of procedural steps, including sending formal written notice, giving the insured time …
Merlin Law Group, P.A.
Merlin Law Group is a national insurance claim litigation firm that handles commercial property insurance claims, residential property insurance claims and bad faith claims. Our dedicated team of insurance attorneys are committed to resolving your property insurance claims.
Merlin Law Group, P.A. Blogs
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California FAIR Plan: Ignoring Laws and Gouging Californians on Smoke Damage Claims
Imagine a state-run insurance program so brazen that even when explicitly ordered by the Department of Insurance to remove unlawful policy language, it shrugs and continues business as usual. Welcome to the California FAIR Plan, an entity overseen by executives from California’s major admitted insurance carriers—carriers who evidently believe rules are for other people. This ……
Should We Call It the California Unfair Plan?
The California FAIR Plan, the insurer of last resort for Californians struggling to find homeowners insurance, might be better renamed the “California Unfair Plan.” While intended to be a safety net, recent investigations and a comprehensive operational assessment 1 paint a troubling picture of an institution plagued by significant inefficiencies, questionable management practices, and poor ……
Why Are California Insurers Putting Their Policyholder Customers at Risk For Their Health?
Derek Chaiken and I visited a number of burned-out homes where our clients lived until the recent Los Angeles wildfires destroyed everything they owned. Seeing firsthand the devastating aftermath and hearing the deeply emotional stories from these homeowners is heartbreaking—but what’s even worse is witnessing how some insurance companies continue to compound their customers’ trauma ……
Proof of Loss Filed Late—Is Coverage Lost?
Proofs of loss and examinations under oath will be my speech topic at the Annual Meeting of the National Association of Public Insurance Adjusters (NAPIA) in June. My speech commemorates the same topic I gave 40 years ago at NAPIA ‘s Annual Meeting in Carmel, California. If you missed the one 40 years ago, you ……
Smoke Damage Claims
Public adjusters, policyholders, and attorneys keep asking me about the recent California smoke damage case where the court held that the smoke damage was not covered under the policy. I wrote about that decision in California Wildfire Attorneys Consider Impact of New Smoke Caselaw. I noted: The key takeaway from the case is that the mere ……
Florida’s Insurance Scandal: The “Incomplete” Report That Almost Stayed Buried
Florida’s homeowners have been paying ever-increasing insurance premiums, but where has all that money been going? A secret state report, which regulators conveniently left unfinished and never shared with lawmakers, might have held the answer. That is, until an investigative journalist, Lawrence Mower, pried it loose from the state’s grasp, as discussed in Secret Report ……
Florida’s Secret Insurance Scandal: Today’s Hearing Exposes the Truth
Something big is happening this morning in Tallahassee. The Florida House Insurance and Banking Committee is holding a long-overdue investigative hearing beginning at 8:00 a.m., and for once, the spotlight is shining where it should—on the Florida Office of Insurance Regulation (OIR) and its leadership. I previously noted this upcoming hearing in Florida Legislators to ……
Clear Language Wins the Day: Court Rules Ambiguity Favors Policyholders
In a recent decision that offers crucial guidance to policyholders and public adjusters about how to interpret commercial insurance contracts, the Fourth Circuit Court of Appeals sided with the policyholder, highlighting a key lesson about insurance policy interpretation: When insurance language is ambiguous, courts will interpret any ambiguity in favor of the policyholder. 1 At ……
Detached Garage Disaster: Why Your Home Insurance Might Not Protect You
If your garage isn’t physically attached to your home, is it still part of your “dwelling”? That seemingly simple question led to a surprising decision from a Georgia federal court that should catch the attention of homeowners everywhere. This tale of policy language, legal arguments, and an unfortunate tree offers a critical lesson for all ……