The "tall building lawyer" found out during the EUO that Bubba took photos of all the hand guns one week before the fire. Bubba was going to send the photos to a disabled vet who just returned home due to a medical discharge for combat injuries. Bubba has a big heart and wanted to do something for one of our soldiers wounded in
Bubba Sued With A Declaratory Judgment Action By His Own Insurance Company
Bubba had “another one of them envelopes” sitting down at the Post Office. The lady wouldn’t let him peek at this one either. He figured it was the “declaration of war suit.” After the EUO, the other lawyer made the comment this might end up as a “dec action.” I had explained to
Code And Ordinance Upgrades: An Exclusion Of Coverage Under Property Insurance
Code compliance or ordinance and law exclusions in property insurance policies are intended by insurers to prevent damage claims turning into windfalls for policyholders. These cases are often hotly debated by both sides. From the perspective of the policyholder, the insured wants coverage to return the house or building to the same or similar use as
The Inventory Contents List Was Reviewed During The EUO
During the EUO, opposing counsel marked Bubba‘s personal inventory list as an exhibit and said he wanted to go over some of the items destroyed in the fire. EUOs are a good tool for finding out information and evaluating the credibility of the insured. On its face, Bubba’s contents list probably caused an “inquiring
Oklahoma Does Not Allow Plaintiffs To Recover For Unnecessary Losses Which Could Have Been Avoided
Unnecessary damages which could have been avoided by the insured cannot be recovered in a lawsuit for breach of contract as every Oklahoma insurance lawyer well knows. A party who asserts a claim for breach of contract against an insurance company has a duty to use reasonable efforts to mitigate his damages. Hidalgo Properties,
Bubba Gives Sworn Testimony In The EUO
An EUO is a lot like a deposition or testifying in court. There is a court reporter present who swears in the insured and takes down the sworn testimony. The insured is asked a lot of questions about their background and the reported claim. A lawyer wouldn’t be worth much if he didn’t at least
Property Damage From A Continuous And Ongoing Event
Property damage that results from a continuous and ongoing process over an extended period of time rather than from a defined, identifiable event such as a tornado or hail damage creates disagreements and disputes as to when property damage "occurred." Coverage under most insurance policies is triggered by an "occurrence." As Dana Ferestien commented, insurers and insureds continue to litigate
Oklahoma Attorneys Often Use Bad Faith To Increase Damage Awards
Oklahoma lawyers suing insurance companies for breach of contract in first-party cases find themselves limited by the damages which can be awarded for breach of contract. Under 23 O.S. § 21, the measure of damages for breach of contract is the amount which will compensate a party for the damage. In Osborn v. Comanche Cattle Industries, Inc.
Cancellation Of Homeowners’ Policy
Cancellation of a homeowners’ insurance policy requires compliance with terms and conditions of the policy. It may sound simple, but we have seen several full blown lawsuits arise over the years where the manner in which the policy was cancelled before a loss occurred was challenged. The starting point is a review of the requirement
Bubba’s ALE, Additional Living Expense
Bubba came by for an appointment to discuss his fire loss claim. It was one of those meetings that wasn’t on my calendar; he just stopped by “to see how things were goin'”.
When I told Bubba we needed to submit his receipts for ALE, he quietly spelled “a-l-e” to himself and suddenly asked, “you