The post “Are Insurers Using “New Construction” Xactimate Settings Wrongfully Underpaying Claims?” noted that “lawsuits are starting to be filed on a more regular basis regarding State Farm’s alleged wrongful use of Xactimate to underpay claims based on ‘new construction’ settings.” One of those cases was an unsuccessful attempt to make a class action regarding ……

Lawsuits are starting to be filed on a more regular basis regarding State Farm’s alleged wrongful use of Xactimate to underpay claims based on “new construction” settings. A judge in a Mississippi case 1 recently ordered the parties to appraisal, noting: The lawsuit concerns only property insurance coverage for buildings, referenced as the ‘A1 coverage,’ ……

Resolving disputes through appraisal or arbitration may be, but is certainly not always, less costly and efficient. This is especially true when the policy calls for arbitration of a commercial dispute, where the costs of the arbitration panel can run into hundreds of thousands of dollars and discovery is conducted, with parties paying for arbitrators, ……

Many property adjusters and policyholders often think of business income and interruption claims as being solely an accounting function. This is not true because there must be a determination of the “period of restoration.” A question sometimes arises whether the “period of restoration” is a coverage question reserved for courts or an issue that an ……

One item that every policyholder and public adjuster should know is the late date when a lawsuit must be filed, or rights to recovery are lost. This statute of limitations date is extremely important and sometimes confusing to determine. Each state has its own laws. A pending case where a decision is awaiting from a ……

The answer to the question in the title is answered in the attached complaint. 1 Zurich paid a claim and listed the named insured on the check. The loss payee was not listed on the payment check. The insured went bankrupt. The loss payee is now suing Zurich. For more discussion about loss payees, please ……

In doubles tennis, business, and life, choosing the best partner is a key lesson because it usually predicts future success. Brenda Welch made a tragic choice. Brenda Welch and David Morgan married in 2006. Welch owned a home in Lynnwood, Washington, where the couple lived throughout their marriage. The home was subject to a mortgage ……