Iowa Court of Appeals Rules Contractor With Assignment of Benefits Improperly Acted as an Unlicensed Public Adjuster

On February 6, 2019, the Iowa Court of Appeals published its decision in 33 Carpenters Construction, Inc., v. The Cincinnati Insurance Company, No. 17-1979, a case involving a post-loss assignment of a property damage claim to the insured's contractor. The case has important implications for both insureds and contractors performing insurance restoration work with an assignment of benefits (sometimes also referred to as an "assignment of claim.")

COURT RULES THAT ONE-YEAR RCV DEADLINE IS NOT ALWAYS ENFORCEABLE

RSJ attorney Tim Johnson recently won another important insurance case. In Anderson v. American Family, the homeowner's insurance policy required that she complete the repairs to her hail damaged house within one year of the storm. Because of circumstances outside of her control, including delays caused by the insurance company, she was unable to complete the work within one year. The insurance company therefore refused to pay the full cost to repair her home.

SMITH JADIN JOHNSON WOULD LIKE TO CONGRATULATE CURT ROEDER ON HIS RETIREMENT

Curt spent over 25 years of litigating insurance and construction claims. He tried more than 100 cases in nine states, at both the state and federal level. During his career, he worked on all aspects of litigation through trial, and even through the appeals process.

INSURANCE PROVIDERS SUED BY MINNESOTA OVER CLAIMS DISPUTES

Homes, cars, possessions - insurance is necessary for a safe, secure lifestyle even without considering medical needs. There are dozens of major insurers that offer hundreds of plans in an effort to offer coverage for every situation. At times, these insurers need extra oversight to make sure this coverage is fair.

RSJ NOTCHES ANOTHER VICTORY FOR MINNESOTA POLICYHOLDERS AT THE MINNESOTA SUPREME COURT

Attorneys Alex Jadin, Tony Smith, and Tim Johnson won another case before the Minnesota Supreme Court in the matter of Poehler v. Cincinnati Insurance Company. This case involved whether a policyholder could recover interest on an insurance appraisal award when an insurance company undervalues a claim.

MATERIAL MATCHING

The summer of 2017 has been filled with severe weather storms across Minnesota. Thousands of homes have been affected by hail and wind damage. For those with homeowners insurance policies, one of the most common issues is whether the policy provides coverage for "matching" the existing material (like siding, roofing, windows, etc.) when repairing the storm damage. For example, whether an insurance company can replace broken pieces of white siding with yellow siding.

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