Chip Merlin
Florida
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Articles by Chip Merlin
Insurers’ Trade-Secret Shield Just Got Stronger. Is Anyone Checking What It Covers?
A Florida appellate opinion held that records from an investigation into insurers’ claim-handling practices cannot be shown to the people seeking them until a judge decides whether the records are exempt from disclosure. The insurers won that procedural point in Heritage Property & Casualty Insurance Company v. Rapkin. 1 They did not win a ruling that their records are trade secrets. The appellate court expressly left that question open to the trial judge.
Can a Retired Judge, Mediator, or Lawyer Be an Umpire Anymore?
Good ’ole Steve Badger responded to my blog post, “Texas Appraisal Gets a New Rulebook,” with a private text message asking: “Can a retired judge, mediator, or lawyer be an umpire anymore? A lot of courts appoint these guys.” Steve put his finger on a provision that deserves more attention. Courts often appoint retired judges and … The post Can a Retired Judge, Mediator, or Lawyer Be an Umpire Anymore? appeared first on Property Insurance Coverage Law Blog.
Texas Appraisal Gets a New Rulebook
Good ’ole Steve Badger brought Texas’s new appraisal regulation to my attention. Steve knows how to brighten my morning. Just send an 89-page insurance regulation and let the coffee do the rest. After reading the adopted rules and the Texas Department of Insurance’s responses to public comments, I see meaningful improvements for policyholders, several new … The post Texas Appraisal Gets a New Rulebook appeared first on Property Insurance Coverage Law Blog.
Can a Retired Judge, Mediator, or Lawyer Be an Umpire Anymore?
Good ’ole Steve Badger responded to my blog post, “Texas Appraisal Gets a New Rulebook,” with a private text message asking: “Can a retired judge, mediator, or lawyer be an umpire anymore? A lot of courts appoint these guys.” Steve put his finger on a provision that deserves more attention. Courts often appoint retired judges and mediators as appraisal umpires, and their ability to evaluate competing positions and manage disagreements can be valuable.
Texas Appraisal Gets a New Rulebook
Good ’ole Steve Badger brought Texas’s new appraisal regulation to my attention. Steve knows how to brighten my morning. Just send an 89-page insurance regulation and let the coffee do the rest. After reading the adopted rules and the Texas Department of Insurance’s responses to public comments, I see meaningful improvements for policyholders, several new traps for the unwary, and one provision that could turn an effort to speed up appraisal into an expensive game of musical umpires.
Should State Farm Explain its Fix Profit Task Force to Its Customers?
I have spent a good part of my professional life asking insurance companies to explain how they handle claims. Often, I cannot comment about those because of confidentiality orders preventing dissemination. So, I fell out of my chair when I saw a public document noting that State Farm has a “Fix Profit Task Force.” Now … The post Should State Farm Explain its Fix Profit Task Force to Its Customers? appeared first on Property Insurance Coverage Law Blog.
Should State Farm Explain its Fix Profit Task Force to Its Customers?
I have spent a good part of my professional life asking insurance companies to explain how they handle claims. Often, I cannot comment about those because of confidentiality orders preventing dissemination. So, I fell out of my chair when I saw a public document noting that State Farm has a “Fix Profit Task Force.” Now that I can discuss internal State Farm documents publicly appearing in the West litigation, 1 I am certain many would like to know a great deal more. The name gets your attention.
Business Interruption Delays and the Period of Restoration
Nobody enjoys hearing, “This is going to hurt a little,” at the dentist. A small business owner hearing it from an insurance company probably does not feel much better. A recent Texas dental practice case offers a painful lesson about business interruption claims. The policyholder must prove that the insurer’s delay impacted the theoretical restoration schedule and that the resulting loss was covered. In Mahant Dental, PLLC d/b/a Cotton Wood Dental v.
Jane Kim Wins: What Will California’s New Insurance Commissioner Mean for Policyholders?
I publicly supported Ben Allen for California Insurance Commissioner. With Jane Kim’s victory, I suppose Ben could be forgiven for wondering whether my endorsement was his “kiss of death.” My election forecasting services remain available, although demand may have softened considerably. All kidding aside, I congratulate Jane Kim and sincerely hope she succeeds. California policyholders … The post Jane Kim Wins: What Will California’s New Insurance Commissioner Mean for Policyholders?
Jane Kim Wins: What Will California’s New Insurance Commissioner Mean for Policyholders?
I publicly supported Ben Allen for California Insurance Commissioner. With Jane Kim’s victory, I suppose Ben could be forgiven for wondering whether my endorsement was his “kiss of death.” My election forecasting services remain available, although demand may have softened considerably. All kidding aside, I congratulate Jane Kim and sincerely hope she succeeds.
More Fire Science from the California Wildfires
A house can survive the flames and still leave its owners with serious questions about what survived inside. What entered through the windows, doors, and ventilation system? What settled on the furniture and belongings? What must be done before the family can return with confidence? Dan Veroff forwarded me a new research paper on the Eaton Fire that gives property insurance adjusters, restoration professionals, and policyholders another reason to take those questions seriously.
California Cuts Insurance Education Requirements and Leaves Consumer Competence Questions Unanswered
I subscribe to the Academy of Insurance and find its webinars on insurance coverage enlightening. Patrick Wraight, director of Insurance Journal’s Academy of Insurance, recently asked the National Association of Insurance and Financial Advisors a question about how supporting the removal of California’s prelicensing education fits with an organization’s commitment to education and professional competence.
California Cuts Insurance Education Requirements and Leaves Consumer Competence Questions Unanswered
I subscribe to the Academy of Insurance and find its webinars on insurance coverage enlightening. Patrick Wraight, director of Insurance Journal’s Academy of Insurance, recently asked the National Association of Insurance and Financial Advisors a question about how supporting the removal of California’s prelicensing education fits with an organization’s commitment to education and professional competence. I agree with the concern behind his open letter.
State Farm Wants the Oklahoma Judge Removed: Is Judicial Frustration the Same as Judicial Bias?
State Farm wants Oklahoma Judge Amy Palumbo removed from the hail claims lawsuit. After reading State Farm’s October 29, 2026, motion to disqualify and its supporting exhibits, 1 I find myself thinking about something that has troubled me throughout my career representing policyholders in insurance bad faith litigation. How far should an attorney push a judge to obtain critical evidence when the judge is becoming increasingly frustrated with the discovery process?
Did Oklahoma Insurance Examiners Request Internal State Farm Records Before They Became Public in Litigation?
I have been thinking about the internal State Farm documents I highlighted in The Internal State Farm Documents Every Roofer, Public Adjuster, and Policyholder Should Read.
Did Oklahoma Insurance Examiners Request Internal State Farm Records Before They Became Public in Litigation?
I have been thinking about the internal State Farm documents I highlighted in The Internal State Farm Documents Every Roofer, Public Adjuster, and Policyholder Should Read. These documents recently became public in the Oklahoma hail litigation, particularly the executive memorandum and its revealing editorial comments concerning roof replacement rates, claims closed without payment, and whether lower claim payments really demonstrate better claims adjusting.
Kentucky Public Adjusters Lose in Court: Who Really Wins?
Kentucky public adjusters have suffered a devastating legal defeat, and so have the policyholders who want to hire them. In Brandi Dawn Carroll, et al. v. Russell Coleman, Jefferson Circuit Court Judge Jessica E. Green dismissed a constitutional challenge to Kentucky House Bill 568 — legislation that prohibits public adjusters from negotiating insurance claims on behalf of policyholders. The October 28, 2026, order dismisses the lawsuit with prejudice and is designated as final and appealable.
The Internal State Farm Documents Every Roofer, Public Adjuster, and Policyholder Should Read
Every once in a while, an insurance bad faith lawsuit produces documents that give the public a rare opportunity to look behind the curtain and see how an insurance company actually operates. I have spent more than four decades reading internal insurance company documents, and I can assure you that what insurance companies say publicly … The post The Internal State Farm Documents Every Roofer, Public Adjuster, and Policyholder Should Read appeared first on Property Insurance Coverage Law Blog.
The Internal State Farm Documents Every Roofer, Public Adjuster, and Policyholder Should Read
Every once in a while, an insurance bad faith lawsuit produces documents that give the public a rare opportunity to look behind the curtain and see how an insurance company actually operates. I have spent more than four decades reading internal insurance company documents, and I can assure you that what insurance companies say publicly about their claims practices is not always the same as what their executives discuss privately.
Iowa Judges Give Insurers a Roadmap for Slow Payments and Sloppy Adjusting
Iowa policyholders deserve good faith insurance law that asks why insurance money remained unpaid when competent adjusting could have established that it was owed. After reading Cutler v. Guardian Mutual Insurance Association, 1 I am concerned that the court has given insurers a roadmap for defending slow payments and sloppy adjusting. I do not yet have the underlying briefs or the full trial court record.
No Mulligan for Zurich: The $2.5 Million Deductible Waiver
“Golfers get mulligans. But in this case, the insurance company does not.” Judge Embry Kidd opened the appellate court’s opinion with those two sentences. I laughed and suspect more than a few public adjusters and frustrated policyholders will want to frame the lines. For those who are not golfers, a mulligan is golf’s friendly opportunity to pretend your first bad shot never happened. You get a free do-over with no penalty.
Who Decided You Cannot Hire a Public Adjuster? Florida’s Attorney General Wants Answers
Insurance companies bring experienced professionals to the claims process. Policyholders should be able to bring knowledgeable help of their own. Florida Attorney General James Uthmeier has opened an investigation into the issue, announcing on October 20 that his office subpoenaed Velocity Risk Underwriters over possible agreements that restrict policyholders from hiring licensed public adjusters. 1 … The post Who Decided You Cannot Hire a Public Adjuster?
Who Decided You Cannot Hire a Public Adjuster? Florida’s Attorney General Wants Answers
Insurance companies bring experienced professionals to the claims process. Policyholders should be able to bring knowledgeable help of their own. Florida Attorney General James Uthmeier has opened an investigation into the issue, announcing on October 20 that his office subpoenaed Velocity Risk Underwriters over possible agreements that restrict policyholders from hiring licensed public adjusters.
Florida Rejects Retroactive Pre-Suit Notice: A Win for Policyholders
Buying an insurance policy should not mean agreeing to whatever additional hurdles the Legislature might create years later. The Florida Supreme Court reinforced that principle in Universal Property & Casualty Insurance Co. v. Hughes, holding that Florida’s property insurance pre-suit notice requirement does not apply to policies issued before July 1, 2021. 1 For policyholders and public adjusters handling disputes under those older policies, this is an important victory.
State Farm’s Claims Scorecard: What Does Management Call a Win?
Yesterday, in “Behind State Farm’s Claims Curtain: Who Is Really Managing Your Insurance Claim?”, I introduced readers to internal State Farm documents made public in an Oklahoma bad faith lawsuit. I promised we would look more closely at what those documents reveal about the management of claims adjusters and the corporate goals established for the claims process.
Behind State Farm’s Claims Curtain: Who Is Really Managing Your Insurance Claim?
Yesterday, in “When Will Insurers Advertise That They Found a Way to Pay You More?” I raised questions about the insurance industry’s fascination with claims efficiency and reducing costs. I suggested that claims professionals should be just as interested in finding overlooked damage and increasing payments when the facts justify it. While some insurers like … The post Behind State Farm’s Claims Curtain: Who Is Really Managing Your Insurance Claim?
Behind State Farm’s Claims Curtain: Who Is Really Managing Your Insurance Claim?
Yesterday, in “When Will Insurers Advertise That They Found a Way to Pay You More?” I raised questions about the insurance industry’s fascination with claims efficiency and reducing costs. I suggested that claims professionals should be just as interested in finding overlooked damage and increasing payments when the facts justify it. While some insurers like Chubb, AMICA, and PURE have a better reputation for claims payment, nobody seems to advertise the goal of full and prompt payment.
When Will Insurers Advertise That They Found a Way to Pay You More?
A claims practice expert whose identity I have agreed to keep confidential recently sent me a question that ought to make insurance executives squirm a little: “Can you name an insurer who recently advertised that it wanted to increase claim payments to benefit its deserving policyholders?” If you are a policyholder struggling to get paid, a public adjuster documenting an overlooked loss, or a restoration contractor explaining why an estimate will not cover the work, that question probably...
When Finished Stock Is Not Finished Stock
A box of auto parts can be finished and ready to ship without being “finished stock” under an insurance policy. A recent Michigan decision illustrates why definitions matter and why a policyholder can demand appraisal without winning every coverage argument. 1 In Aicheh, LLC v. Verlan Fire Insurance Company, a federal court considered Detroit Axle’s … The post When Finished Stock Is Not Finished Stock appeared first on Property Insurance Coverage Law Blog.
When Finished Stock Is Not Finished Stock
A box of auto parts can be finished and ready to ship without being “finished stock” under an insurance policy. A recent Michigan decision illustrates why definitions matter and why a policyholder can demand appraisal without winning every coverage argument. 1 In Aicheh, LLC v. Verlan Fire Insurance Company, a federal court considered Detroit Axle’s claim following two storms that sent rainwater through its warehouse roof. The water damaged conveyors, storage racks, and inventory.
Foreseeable Is Not Inevitable: Arizona Explains Its View of Fortuity
The Arizona Supreme Court recently issued an important opinion that every claim practitioner handling insurance coverages should read. In Industrial Park Center, LLC v. Great Northern Insurance Company, the court explained that a foreseeable loss is not necessarily an uninsurable loss. 1 This sounds obvious because insurance is designed to protect against foreseeable risks, but it took a trip through the federal courts and a certified question to get there.
Is State Farm Driving Down the Same Litigation Road Again?
Anybody who has practiced insurance bad faith law for a while knows that some of the most important evidence in a claims case is nowhere near the individual claim file. Sometimes you have to travel upstream and find out who designed the claims process, what management was measuring, what goals were established, and whether the … The post Is State Farm Driving Down the Same Litigation Road Again? appeared first on Property Insurance Coverage Law Blog.
Is State Farm Driving Down the Same Litigation Road Again?
Anybody who has practiced insurance bad faith law for a while knows that some of the most important evidence in a claims case is nowhere near the individual claim file. Sometimes you have to travel upstream and find out who designed the claims process, what management was measuring, what goals were established, and whether the people actually adjusting claims were being pushed toward a particular result.
Are Most Insurance Agencies Run This Way?
Spend enough time around the insurance business, and you will hear some sweeping declarations about the people in it. All insurance defense attorneys overbill and overwork their files. Claims managers only care about paying as little as possible. All public adjusters cannot be trusted. Apparently, everybody has figured out everybody else’s motives, usually without having met most of the people they are talking about. My observation is that insurance makes a lot of people skeptical of one another.
Hurricane Isaias: Waking Up to the Wrong Insurance Coverage
Hurricane Isaias came ashore near Destin on Friday night with sustained winds of 105 mph. As Panhandle business and homeowners begin documenting damage, some will face a second shock. They will learn that what their insurance policy actually says is not close enough to pay for the damage. A reader responded to my post from this past March about coverage gaps, Did You or Your Business Suffer a Denied Claim?
Why We Support Ben Allen for California Insurance Commissioner
Last week in Pasadena, we joined supporters of Ben Allen for California Insurance Commissioner. Ben discussed problems we hear about every day from our clients, including the struggle many Californians face to obtain homeowners insurance and the agonizing fight they must then undertake to collect benefits owed when they suffer a loss. For a homeowner … The post Why We Support Ben Allen for California Insurance Commissioner appeared first on Property Insurance Coverage Law Blog.
Reflections on Mastery and Building a Resilient Public Adjusting Profession
The TWA Hotel at JFK was built during an era when people looked at aviation and imagined the future. It was an appropriate place for the New York Public Adjusters Association to hold its annual conference and for public adjusters to consider the future of their own trade and profession. I had the privilege of … The post Reflections on Mastery and Building a Resilient Public Adjusting Profession appeared first on Property Insurance Coverage Law Blog.
Reflections on Mastery and Building a Resilient Public Adjusting Profession
The TWA Hotel at JFK was built during an era when people looked at aviation and imagined the future. It was an appropriate place for the New York Public Adjusters Association to hold its annual conference and for public adjusters to consider the future of their own trade and profession.
Why We Support Ben Allen for California Insurance Commissioner
Last week in Pasadena, we joined supporters of Ben Allen for California Insurance Commissioner. Ben discussed problems we hear about every day from our clients, including the struggle many Californians face to obtain homeowners insurance and the agonizing fight they must then undertake to collect benefits owed when they suffer a loss. For a homeowner whose house has burned, a delayed claim is more than an inconvenience.
Are Americans Paying Substantially More for Insurance While Increasingly Receiving Nothing When They Make a Claim?
On October 2, 2026, Senators Josh Hawley and Elizabeth Warren sent a letter to State Farm raising a question that should concern everyone in the insurance business: Are consumers paying far more for homeowners and auto insurance while becoming less likely to receive anything when they actually make a claim? Their letter cites reporting that … The post Are Americans Paying Substantially More for Insurance While Increasingly Receiving Nothing When They Make a Claim?
Are Americans Paying Substantially More for Insurance While Increasingly Receiving Nothing When They Make a Claim?
On October 2, 2026, Senators Josh Hawley and Elizabeth Warren sent a letter to State Farm raising a question that should concern everyone in the insurance business: Are consumers paying far more for homeowners and auto insurance while becoming less likely to receive anything when they actually make a claim? Their letter cites reporting that major insurers collectively closed 44 percent of resolved homeowners claims without payment last year, compared with 36 percent roughly a decade ago.
I Got Part of the Story Wrong: The Team Behind California’s Wildfire Smoke Laws
I spend a fair amount of time criticizing insurance companies when they fail to correct an inaccurate claims record. Fair is fair. When I get something wrong, I should correct the record just as plainly. In my September 30 article, California’s Wildfire Smoke Laws Are Signed, and Survivors Drove Them There, I correctly noted that fire survivors and community advocates drove the passage of AB 1642 and the important amendments to AB 1795.
New Consultant but the Same Cat-and-Mouse Game: Who Has State Farm’s Accenture Claims Analysis and Documents?
Thirty years ago, I was chasing McKinsey & Company for testimony and documents about the claims systems it helped insurance companies create. Allstate’s Claim Core Process Redesign became the most famous example, but State Farm also paid McKinsey millions to study claims costs and processes.
California’s Wildfire Smoke Laws Are Signed, and Survivors Drove Them There
A few weeks ago, I wrote California Is About to Change the Rules for Wildfire Smoke Claims. California has officially enacted the nation’s first comprehensive statutory framework for determining whether homes with wildfire smoke damage are safe and how insurers must handle covered claims involving those homes.
California’s Wildfire Smoke Laws Are Signed, and Survivors Drove Them There
A few weeks ago, I wrote California Is About to Change the Rules for Wildfire Smoke Claims. California has officially enacted the nation’s first comprehensive statutory framework for determining whether homes with wildfire smoke damage are safe and how insurers must handle covered claims involving those homes. The newspaper headlines understandably focused on Governor Newsom and the legislators.
State Farm’s Oklahoma Hail Fight Just Got More Interesting
If State Farm hoped Oklahoma Attorney General Gentner Drummond’s lawsuit would disappear before anybody started digging much deeper into the allegations, that did not happen Monday. Cleveland County District Judge Jeff Virgin denied State Farm’s motion to dismiss the Attorney General’s case, State of Oklahoma ex rel. Drummond v. State Farm Fire and Casualty Company, Case No. CJ-2026-1066.
Florida’s Secret Insurance Report: Too Flawed to Trust and Too Secret to Check?
Florida insurance regulation occasionally produces a story that sounds like it was written for a “Florida Man” contest. The state hires an experienced insurance financial examiner to study money moving between property insurers and affiliated companies. She delivers a 159-page report. Years later, the current Insurance Commissioner says the work contains substantial errors. The consultant testifies that she considered her work finished and OIR never sent it back for corrections.
Florida’s Secret Insurance Report Is Troubling Enough Without Exaggerating What It Proves
I previously wrote about Florida’s secrecy surrounding insurer-affiliate information and questioned why so much information affecting policyholders can disappear behind claims of trade secret and confidentiality in Who Is Florida’s Senate Protecting? Following the Money, Lobbyists and Votes Behind Insurance Secrecy. The speculation is over because we have the actual 159-page affiliated-fee analysis commissioned by the Florida Office of Insurance Regulation.
Cosmetic Damage Exclusions Are Becoming Anything but Cosmetic
Cosmetic damage exclusions are showing up more often in property insurance policies, particularly in hail country. They sound innocent enough. After all, if hail merely makes a piece of metal a little less pretty while everything still works perfectly, many policyholders might understand why an insurer would want to limit that exposure. The difficulty comes … The post Cosmetic Damage Exclusions Are Becoming Anything but Cosmetic appeared first on Property Insurance Coverage Law Blog.
Cosmetic Damage Exclusions Are Becoming Anything but Cosmetic
Cosmetic damage exclusions are showing up more often in property insurance policies, particularly in hail country. They sound innocent enough. After all, if hail merely makes a piece of metal a little less pretty while everything still works perfectly, many policyholders might understand why an insurer would want to limit that exposure.
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