Blog
Wisconsin Bad Faith Claims
The core of the property owner’s bad faith argument is that a blanket, categorical exclusion of all granular loss claims is bad faith.
Insurance Companies Can Waive the Statute of Limitations
Conduct that may be a waiver could include a promise to inspect the property after the statute of limitations expires, the promise to send an adjustment after the deadline expires, or appraisal of the scope of loss.
Supreme Court Applies Building Code Statute to Roof Assembly
I argued that the principle to apply is from the perspective of the shingle installer. Damaged shingles may not be replaced in compliance with building codes without first installing a new sheathing surface. The Supreme Court agreed with my argument.
Do I have an ACV policy?
Ambiguity in an insurance policy should be resolved against the insurance company that wrote the ambiguous language.
Appraisal in Wisconsin
Disputes about the amount of loss for what an insurer admits is a covered event are appraised.
Minnesota Appraisal Deadlines
If the insurance company does not follow these three deadlines, they have breached the contract. Insurance policies are regarded as contracts in the State of Minnesota notwithstanding the fact some of the policy is written by the Legislature.
Who Pays The Assessment?
The Legislature passed Minn. Stat. § 65A.3025 which holds that if an H06 carrier offers loss assessment coverage, that coverage is triggered when the loss event occurs, not the subsequent assessment by the association.
Internal Policies Are Not Final
Abiding by internal insurance company policies may help facilitate quick resolution of the claim, but internal policies may also reflect unfair and unenforceable requirements on a property owner.
Wisconsin Hail Claim Deadlines
If a policy contains a one-year deadline the property owner is in a bind.
Agent/Broker Liability
The law does not assume such a relationship between agents and brokers and their customers, rather the law assumes an arms-length transaction. Yet the facts can overcome this assumption.