Merlin Law Group, P.A. (LexBlog Mexico)

Property insurance adjusters, appraisers, and umpires should fully read the valuation clauses in property insurance policies and know the applicable state law regarding valuation. This was a point of emphasis I made last week at the Insurance Appraisal and Umpire Association (IAUA) meeting. Indeed, for restoration contractors, it is a good reason for them to read...

Every insurance policy outlines certain duties a policyholder is required to perform following a loss. However, the prompt notice provision appears to be increasingly gaining traction by opportunistic insurance companies and their defense attorneys who seek to use this as a technicality to avoid liability for an otherwise covered loss. The prompt notice provision typically...

Corey Harris and I will present a final discussion about proofs of loss, analyze a case about forfeiture of insurance benefits, and discuss claim implications from impending Tropical Storm Cristobal. This discussion will be held at 2 pm EST today. For those attending, you can obtain the Merlin eBook about Proofs of Loss. Tropical Storm...

Nearly two years ago, Albuquerque was struck by one of the largest hailstorms in its recent history. With the two-year anniversary of the July 2018 hailstorm quickly approaching, policyholders in New Mexico should be mindful to review their insurance policies for time limit considerations that could prevent them from pursuing delayed or denied insurance benefits...

New Mexico, the Land of Enchantment and home of the world’s largest international hot air balloon festival, is the fifth largest state and has the lowest water to land ratio of all the states. It also experiences an average of seven to ten tornados a year. Most cause little property damage because they occur over...

From Good Hands to Boxing Gloves is the premier book most people recognize and associate with David Berardinelli. I was working on my own book with Forbes Books and in my research learned that David had passed. Whitney Buchanan is a Las Cruces, New Mexico, attorney whom I have had the pleasure to be co-counsel...

From Good Hands to Boxing Gloves is the premier book most people recognize and associate with David Berardinelli. I was working on my own book with Forbes Books and in my research learned that David had passed. Whitney Buchanan is a Las Cruces, New Mexico, attorney whom I have had the pleasure to be co-counsel...

Continuing my state-by-state review of mandatory condominium insurance requirements, this post will look at New Mexico—The Land of Enchantment. Laws governing condominium association insurance requirements in New Mexico can be found in the New Mexico Statutes §47-7C-13. The statute states, in part: A. Commencing not later than the time of the first conveyance of a...

Representing licensed public insurance adjusters operating in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming, the Rocky Mountain Association of Public Insurance Adjusters celebrates its fifth year in 2018. In just two short weeks, RMAPIA is holding its annual Fall Meeting and Seminar on August 24th in Denver at the Hilton Garden Inn...

This blog marks the halfway point in this blog series as we are on the 25th state. In New Mexico, actual cash value is the “fair market value” of the property. In Roswell Trailers, Inc. v. Potomac Ins. Co., 1978-NMSC-027, 91 N.M. 502, 576 P.2d 1133 (1978), an inland marine all-risk floater insurance policy insured...

Public adjuster and former NAPIA President Scott deLuise went to New Mexico to get a law passed which would specifically license the practice of public adjusting. He took Greg Serio with him. Serio is a former Superintendent of Insurance for New York. They succeeded! Here is the text of the law which was signed by...

I have entered the land of enchantment and now have a license to practice law in New Mexico! I have been handling cases there for a few years through local counsel, so I decided to obtain my license. New Mexico has some good laws for policyholders, including the ability to sue both the insurance company...

The Rocky Mountain Association of Public Insurance Adjuster’s Fall Conference (RMAPIA) is tomorrow. Merlin Law Group attorney David Pettinato and I will be presenting practical issues of public adjusting, professional development, and ethical issues for public adjusters. RMAPIA is unique because it geographically covers 8 states—Arizona, New Mexico, Nevada, Utah, Colorado, Montana, Idaho, and...

Last week, Corey Harris and I had the pleasure of speaking at the RMAPIA (Rocky Mountain Association of Public Insurance Adjusters) annual meeting. This organization consists of Public Adjusters who work in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah and Wyoming. We covered many topics, including Colorado’s Homeowners Insurance Reform Act of 2013. This...

The almost 4-year long court battle surrounding the BP Oil Spill seems to have taken a turn for the worst for BP. Last week, the U.S. District Court for the Eastern District of Louisiana determined the London-based company’s gross negligence and willful misconduct led to millions of gallons of oil being spilled into the Gulf...

Unless you live in Arizona, New Mexico, Texas, or in the Sahara outside of the U.S., you are probably not familiar with haboobs. What on earth is a haboob? Well, picture the sandstorm in the movie “The Mummy” (1999), but without the menacing face. Yes, a haboob (“strong wind” in Arabic) is also known as...

Hurricane Issac is slowly battering the Louisiana Coast and Mississippi Sound this morning. After initially making landfall at the mouth of the Mississippi River, it made a western jog back into the Gulf of Mexico. Then, it made a second landfall by Grand Isle. There will be a lot of localized flooding. Because it is so...

This morning, I spoke to the Destin, Florida, chapter of the Condominium Association Institute about properly reviewing and purchasing insurance coverage. Before speaking, I saw the prettiest white sugar sand beaches on the planet. Destin also has the clearest crystal blue water you can find along the northern Gulf of Mexico. As I was viewing...

Guessing where a hurricane is heading is not an exact science. Those predictions are much better today than in the past due to better hurricane modeling. Via television, everybody can get constant updates on The Weather Channel. As Tropical Storm Bonnie approaches the oil drenched areas of the Gulf of Mexico, I wanted to share a...

The estimates of oil escaping were far too low. At first it was, “we dodged a bullet.” Then, it was 1,000 barrels a day. Then, 5,000. And now, 25,000 barrels a day are flowing from the ocean floor. The Wall Street Journal has been excellent in its reporting: The Gulf of Mexico oil spill could...

The Merlin Law Group has been responding to inquiries from potential, current and former clients who have contacted its offices with concerns about the effect of the Gulf of Mexico Oil Spill on their properties and businesses. These inquiries are wide ranging. Most are asking about preparation issues to prevent damage as well as legal...

Tropical Storm Arthur starts off the 2008 hurricane season with some early inning excitement.  In my line of work, I am always asked during the summer months how many hurricanes there will be and where they will hit.  The newspapers are full of stories from meteorologic prognosticators regarding these events.  I simply reply it is...