The following report is from JS expert contributor Bill Wilson, CPCU, ARM, AIM, AAM. It’s offered here with a link to the original paper written by Philadelphia attorney, Randy Maniloff. Together, Wilson’s article and Maniloff’s paper, provide a succinct legal explanation for why COVID-19 is widely considered by the courts as not covered under most Business Interruption policies. I thought there would be many readers of my blog who would like to keep this handy for discussions with clients regarding COVID-19 coverage issues.
Late last year I failed to report that the fight against Assignment of Benefits (AOB) took another hopeful step forward.
Recall the reforms of 2019 in which new requirements were placed on AOB’s? As helpful as they were, they were not an outright prohibition as some thought. Instead HB-7065 made the use of AOB’s less likely and provided safeguards against consumer abuse. These safeguards, including improvements to the one-way attorney fee statute, were intended to reduce invoice inflation, massive fraud and mounds of frivolous litigation. The operative language restricted AOB’s to emergency work which is the lesser of $3,000 or 1% of Coverage A. (See NOTE #1 below)
Lawmakers just got back in town–hopefully they’ll devote necessary time to triage Florida’s immobilized property market. Such should include some badly needed new approaches as well as cauterizing past reform efforts, 2019’s HB 7065 and 2021’s SB-76.
Since last year’s session, litigation has only tightened its strangle hold on Florida’s property system–fueling speculation that our insurance market is being (has been) displaced by a $4.5 billion litigation market. [Read more…] about Attention Florida Lawmakers–PART I
You may remember my opinion about public adjusters who are paid a percentage of a claim also being allowed to act as “disinterested” appraisers under a policy’s appraisal clause. In June of 2020 I published an article (one which you should read titled Public Adjusters—How Interested are the Disinterested?) in which I said the practice may be on its way out.
Johnson Strategies is pleased to provide another article from one of the premier insurance educators in America on form, coverage, and technical issues; founder and director of the Big “I” Virtual University; Retired Assoc. VP of Education and Research from Independent Insurance Agents & Brokers of America and JS Expert Contributor, Bill Wilson CPCU, ARM, AIM, AAM. [Read more…] about When Policy Forms Don’t Do What You Think They Do
In answering an important question like this it’s always smart to ask an expert with knowledge acquired from multiple perspectives. We reached out to JS contributor David Thompson, AAI, CPCU, CRIS to answer the age old insurance questions for umbrella policies… “How much is enough?” and “How much does enough cost?” [Read more…] about The Umbrella Fallacy…
While in the throes of sharing an opinion on the move by Citizens Board Chairman to bypass agents and go direct to consumers, I discovered that Kyle Ulrich had beaten me to the punch. As the President and CEO of the Florida Association of Insurance Agents he’s heard these bad idea’s before–usually, as in this case, from non-insurance folks. Reproduced here with permission are his thoughts on the subject. Enjoy!
Yes, once again, the END IS NEAR! For a good summary of how we got to this point and the results of trials where both sides have presented their cases on allegations against attorney Scot Strems, you should read Collapse of an Evil Empire! Part XI—Making Sense of Things.
This report is about the most recent decision (September 28, 2021)–where the Bar alleges Contempt by Scot Strems for violating the Supreme Court’s June 9, 2020, Emergency Suspension of his license to practice law. [Read more…] about STREMS NOT GUILTY of CONTEMPT
Maybe not a landmark case, but this just released decision (August 31, 2021, U.S District Court, Miami) is important and affirming—especially for those in Florida who sell commercial property coverage or who counsel business owners on business income losses due to COVID. Johnson Strategies reached out to expert and JS contributor Barry Zalma, Esq. CFE for a summary, analysis and opinion. (See NOTE #4 below) [Read more…] about Another Shutdown Verdict
In April of this year the National Flood Insurance Program (NFIP) released information on what it called Risk Rating 2.0. Since the announcement, articles, papers, opinions and coverage from industry trade magazines have rendered differing points of view on what will happen, ultimately, to both coverage and pricing in both Federal and private Flood programs. Johnson Strategies, LLC reached out to the FAIR Foundation for the most definitive and comprehensive information, from a wide array of sources. See list below.
Here, with permission from the FAIR Foundation, Johnson Strategies offers the following overview and summary of what has transpired with respect to Risk Rating 2.0 from FEMA/NFIP and what property owners and agents can expect as the new program slowly unfolds in October of 2021.