Kyle F. Arendsen and Christopher J. Giaimo | Squire Patton Boggs Is there any downside to a debtor filing a motion to estimate a claim? Or, is an estimation motion simply procedural in nature? As the debtors recently discovered in In re SC SJ Holdings LLC, a motion to estimate a claim before a bankruptcy court… Continue reading To Estimate or Not to Estimate, that is the Question
Tag: Insurance Estimate
Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly
David Adelstein | Florida Construction Legal Updates Insurance policies, particularly property insurance policies, have a concealment or fraud provision that, in essence, gives the insurer an out if the insured submits a fraudulent claim, a false claim, or conceals material facts. Unlike a traditional fraud claim where a party needs to prove intent, the provision is broad… Continue reading Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly
Roofing Project Specifications—The Details Required For Quality Roofing Insurers Rarely Pay For Or Mention in Estimates
Chip Merlin | Property Insurance Coverage Law Blog | December 4, 2019 Insurance estimators, appraisers, and adjusters of roofing claims should read the attached partial specifications of a commercial roofing project. There has been some discussion of what a “reasonable” cost should be, but I think most would require that the scope of a commercial roofing… Continue reading Roofing Project Specifications—The Details Required For Quality Roofing Insurers Rarely Pay For Or Mention in Estimates
Insurance Regulations Prohibit an Insurer From Just Standing By Its Repair Estimate When An Insured’s Estimate Demonstrates the Cost to Repair Is More – Another California Practice Tip
Victor Jacobellis | Property Insurance Coverage Law Blog | September 21, 2019 In California, the moment an insured obtains a repair estimate that exceeds the insurer’s estimate, the insurer must either pay the difference or adjust its original estimate. This rule is set forth in the Fair Claims Settlement Practices Act, 10 Cal. Code Regs. § 2695.9(d).… Continue reading Insurance Regulations Prohibit an Insurer From Just Standing By Its Repair Estimate When An Insured’s Estimate Demonstrates the Cost to Repair Is More – Another California Practice Tip
Delayed Insurance Payment? Texas Does Not Allow Insurers To Profit From Nonpayment During Appraisal
Chip Merlin | Property Insurance Coverage Law Blog | June 29, 2019 Rene Sigman of Merlin Law Group’s Houston office was getting some pretty good results for clients this week when she sent me a Texas Supreme Court appraisal case which makes delaying insurers more accountable for inaccurate or plain wrongful estimates of the benefits owed to policyholders. All… Continue reading Delayed Insurance Payment? Texas Does Not Allow Insurers To Profit From Nonpayment During Appraisal