Merlin Law Group’s Post

Navigating the Waters of Property Insurance Disputes: A Pivotal Florida Supreme Court Decision The Florida Supreme Court recently issued a pivotal ruling in the case of American Coastal Insurance Company v. San Marco Villas Condominium Association, Inc. This decision clarifies the appraisal process in insurance disputes, particularly when there is disagreement over the amount of loss but unresolved coverage issues also exist. The Court determined that trial courts are not required to resolve coverage disputes before compelling an appraisal to assess the amount of loss. This ruling holds significant implications for the handling of first-party property insurance disputes in Florida, affirming that parties can seek appraisal of losses even amid unresolved coverage issues, thus ensuring a more streamlined resolution process in certain disputes. Citation: American Coastal Insurance Company v. San Marco Villas Condominium Association, Inc., SC2021-0883, Supreme Court of Florida, February 1, 2024.

Did you know that many property policies don't cover damage caused by or resulting from mold? Even if mold is the clear and proximate cause of property damage, you'll find no coverage under many usual commercial property insurance policies. Find out more about the "mold exclusion" and what it means for your business. Don't let surprise exclusions catch you off guard. Read the full blog post here: ➡️ https://lnkd.in/gzTwnFns #moldexclusion #commercialproperty #insurancelaw

“Matching” disagreements can extend claims and spark Reference or litigation – which is why this court decision is so important.  Read more here. #publicadjuster #propertyclaims #legalalert

The Florida Property & Casualty insurance market is showing signs that it is beginning to stabilize. One positive trend is seen in litigation, where the speed at which claims lawsuits are filed has been decreasing. Notably, Citizens reports there has been a significant drop of 20% in non-catastrophe litigated claims over the past year. Although rising premiums for homes and businesses continue to pose a significant challenge for Florida's property insurance market, positive changes such as the shift toward trying cases instead of settling disputes and the reduction in the number of litigated claims are promising strides in the right direction. https://lnkd.in/e27ZT3iq

https://lnkd.in/eAySbNed Property owners, take note: the MA Superior Court just issued a decision in an important case that could directly impact your property insurance claim. #publicadjusters #legalalert #propertyclaims

Did you know that warranties in insurance policies have significant coverage implications? There does not need to be a causal connection between an alleged breached warranty and the cause of a loss for such a breach to VOID policy coverage. It’s vital that we are identifying actual warranties in a policy, as opposed to weaker suggestions or loss prevention observations. When you are in the process of obtaining insurance coverage on a boat, pay close attention to the provisions it actually considers to be warranties.

The "ensuing loss" clause in all-risk property insurance policies can be a game-changer in terms of coverage. Recently, the Washington Supreme Court weighed in on this crucial provision in Gardens Condo v. Farmers Rich Ins. Exchange, offering clarity in an area where interpretation can be murky. This case underscores the importance of understanding the nuances within insurance policies and the need for knowledgeable advocacy to secure rightful coverage. Click here to read the full Case Alert by David G. Jordan and William E. Phillips IV and learn about the implications this case has for policyholders. #SDVLaw #AllRisk #EnsuingLoss #Insurance #Policyholders

Discover the must-read article for every public adjuster - as relevant today as when published 73 years ago! Will Goodman discusses public relations within the insurance industry, property insurance claims, why it is important for policyholders to seek professional help and much more! Click the link below for the full story: https://ow.ly/a4Ki50SyByt

Read your policy, it's important. Navigating Property Insurance Claims: Essential Insights for Policyholders | Property Insurance Coverage Law Blog https://lnkd.in/gDrvex4b

The Florida Property & Casualty insurance market is showing signs that it is beginning to stabilize. One positive trend is seen in litigation, where the speed at which claims lawsuits are filed has been decreasing. Notably, Citizens reports there has been a significant drop of 20% in non-catastrophe litigated claims over the past year. Although rising premiums for homes and businesses continue to pose a significant challenge for Florida's property insurance market, positive changes such as the shift toward trying cases instead of settling disputes and the reduction in the number of litigated claims are promising strides in the right direction. https://lnkd.in/e27ZT3iq