Insurance coverage advocates for policyholders ought to at all times share and assist others with related issues and customary points. Collegial cooperation is what I’ve preached as a recreation changer for policyholders making an attempt to alter the established order versus insurance coverage firms. 

I obtained the next from a lawyer in a unique legislation agency yesterday:

Mr. Merlin,

I hope this e-mail sheds extra mild on one thing you might be undoubtedly conscious of:  Your workplace in Oklahoma Metropolis has a number of the greatest policyholder advocates within the nation. I’m proud to be their friends and pricey associates.

For the final thirty years, my agency has completely pursued insurance coverage firms for the unhealthy religion adjustment of insurance coverage claims in Oklahoma. My observe, and far of our agency, solely litigates property claims. In your phrases, there are various pretenders and only a few contenders on this area. Whilst you might know your Oklahoma staff is exceptionally competent, it is best to know they’re true advocates for the larger good of policyholders. Once I choose up the telephone, these attorneys at all times reply and generously present their time and efforts to my trigger.

I wish to share notably shining examples of the goodwill freely given by your attorneys. I briefly met you at Win-the-Storm this yr. Whilst you fumbled along with your admission ticket, I approached you in line and instructed you I used to be working with Mr. Houghton on a coinsurance penalty problem. 

…

When the insurance coverage firm was confronted with unbeatable arguments it had miscalculated the coinsurance penalty, it shifted its place to assert it was the policyholder’s burden to show the constructing was insured to worth….Sadly, we got here up flat on the legislation relating to the burden of proof relating to coinsurance penalties. This shortcoming was seemingly resulting from our limiting our work to the state of Oklahoma.

I known as Mr. Houghton and requested if he had any expertise with the problem, and he mentioned he would see if there was precedent in your nationwide observe on the matter. Like many issues on this occupation, time handed, and my dialog with Mr. Houghton was forgotten. Then, with out immediate, out of the blue, and well timed for my pretrial submission filings, I obtained a full memorandum from Drew – that was drafted by Liberty, a promising younger legal professional at your Oklahoma Metropolis agency. The thorough memo outlined a nationwide evaluation of essentially the most related case legislation and rulings throughout the nation. I utilized this legislation in my pretrial submissions. Shortly after, Liberty revealed her findings to your well-known Property Insurance coverage Protection Weblog: https://www.propertyinsurancecoveragelaw.com/2023/03/articles/insurance coverage/coinsurance-in-court-who-has-the-burden-of-proof/

The weblog was hooked up to a Movement to Complement Persuasive Authority (hooked up). The decide denied the unhealthy religion MSJ and confirmed the jury may take into account punitive damages. In the course of the pretrial convention, the decide hinted she was closely persuaded by the notion the burden could be on the insurance coverage provider to show the coinsurance limitation. Simply 4 (4) days earlier than the trial, my shopper obtained a suggestion…After three years of litigation, your workplace offered us the ace on the river card. 

In one other occasion: Micah Cartwright obtained a scathing sanction order towards Amguard in Nebraska (hooked up). Over espresso, I instructed Mrs. Cartwright I had a case towards Amguard. With out hesitation, she shared her briefing. Throughout my Amguard case, I filed a Movement to Compel searching for tons of of 1000’s of pages of documentation. Once more, your attorneys offered excellent help for an insured they by no means met.

As , you might be an icon within the insurance coverage trade. Writing weblog posts and books claiming to be a policyholder advocate is one factor. Anybody may open a number of legislation agency areas and put up on the web claiming they contribute to the larger good of house owners and constructing homeowners. However strolling the stroll is totally completely different and requires way more. Whilst you and I met briefly, I regularly see the teachings and views you publicly share in your Oklahoma staff. I do know that may be a tradition instilled by you. You need to be proud to have three excellent attorneys in Oklahoma below your banner.

I’m pleased with each workers member in our agency. They’re our bedrock. The legal professional superstars carry that effort to larger heights and ranges of success. Nevertheless it all begins with a tradition of individuals working as a staff making an attempt to assist in a particular subject all around the nation. We now have a deep bench of people who find themselves 10,000-hour consultants representing policyholders. 

The reality is that we want extra of those individuals within the trade. We’re at all times pleased to see very long time public adjusters giving their time to mentor others. We’re pleased to see insurance coverage trade adjusters change sides to assist policyholders as public adjusters. 

For those who discover that you simply love representing policyholders or have wonderful ability units and wish to achieve this and play effectively within the sandbox with individuals who discover the legislation observe enjoyable when serving to individuals, and match the kind of particular person I describe in Why Does Merlin Legislation Group Exist? Why Do We Give Our Time, Cash and Effort to United Policyholders and The American Policyholders Affiliation?, please take into consideration contacting me and our staff about becoming a member of our legislation agency. 

We’re devoted to excellence and wish world-class staff members to beat the insurance coverage firms wrongfully denying claims. 

Thought For The Day 

Progress is rarely by mere probability; it’s the results of forces working collectively.

—James Money Penney