Michigan courts sided with Nationwide because the loss was not the result of an accident and because it was the result of an increased hazard within the insureds knowledge and control. A 2016 federal district court ruling out of Colorado (Green Earth Wellness Center v. Atain Specialty Insurance Co.) involved the loss of marijuana plants and harvested products by a marijuana growing business, Green Earth Wellness Center. The policy covered stock but had an exclusion for growing crops. The policyholder argued that growing crops referred only to plants in the earth and it was still covered for most of its potted plants. The court disagreed and said the exclusion covered all the plants. However, the court did find coverage for the harvested products. It rejected the insurers argument that the products fell under the contraband exclusion, finding that the federal governments erratic enforcement of federal laws criminalizing marijuana versus state laws legalizing rendered the term contraband ambiguous. For the same reason, it rejected the argument that the policy was unenforceable as against policy. While the federal government talks a wait-and-see approach to state experiments in marijuana legalization, insurers can expect more of their insureds to argue that courts should ignore federal law and precedent when interpreting insurance contracts for medical marijuana-growing businesses, Johnston warned in his report. Driving Under Influence In the area of auto insurance, it is a crime to drive while intoxicated in all states, and there are objective standards for determining intoxication. But the rules around marijuana intoxication are hazy with uncertainty over what constitutes intoxication and how to reliably test for it.
"Spring is the time of year when Pennsylvania often experiences severe storms, including high winds, heavy rain, and hail, all loss adjusters of which can cause significant damage to homes," Governor Wolf said. "It's important to me that homeowners know what information they need not only to file a claim, but especially how to avoid home repair scams." The Insurance Department has produced a new consumer brochure, "After the Storm," which includes key tips on what information you need to file a homeowner's insurance claim, as well as what questions to ask and what to look for to spot a possible home repair scam. The brochure includes tips such as: Contact your insurance company as soon as possible after the storm; Save all your receipts; Take photographs or video before cleaning up or making repairs; After documenting damage, make repairs needed to prevent further damage or to live in the home, but don't make permanent repairs before your insurance company inspects the damage and approves the repairs; If possible, determine what it will cost to repair your property before you meet with an insurance company representative who will assess your property damage. If you and your insurer disagree on the offer made to repair your property, be prepared to negotiate. "Experiencing significant home or property damage from a storm is scary and unsettling, but homeowners should try to remain calm and be as diligent as possible in documenting damage when they make a report to their insurer," Commissioner Miller said. Storms that cause damage to numerous homes throughout a community can be a magnet for dishonest contractors. The "After the Storm" brochure also offers several tips for consumers on avoiding home repair scams, including: Ask for identification from anyone presenting himself as a public adjuster. Public adjusters are professional claims handlers, licensed and regulated by the Insurance Department, who can assist policyholders with the claims process. You can verify someone is licensed as a public adjuster by visiting www.insurance.pa.gov , clicking on "Consumers" on the top bar, and selecting "Find Insurance Professional." If you suspect anyone or any entity is operating as a public adjuster without a license, report it to the Insurance Department's Anti-Fraud Compliance Division at 717-705-4199. Home improvement contractors that do more than $5,000 of business per year in Pennsylvania must register with the Attorney General's Bureau of Consumer Protection. Ask the contractor for his Home Improvement Contractor (HIC) number and verify registration by calling the Attorney General's Home Improvement Registration toll-free line at 1-888-520-6680. Ask for and check references before hiring a contractor. Get everything in writing, including the total cost for repairs, the work to be completed, the timetable for completion, and guarantees the contractor offers. Don't sign paperwork with sections left blank that someone can fill in after you sign, and don't pay a contractor in full or sign that the work is complete until the work is actually done. Commissioner Miller also advised consumers to be wary of contractors with work vans or trucks that have out-of-state license plates or lack signs or insignias identifying the company name. She also reminded homeowners that flood damage is not covered by most homeowners' insurance policies, and a separate flood insurance policy is required to pay for damage caused by flooding. "Repairing your home or property after storm damage is an unsettling experience, but following these tips can help get your insurance claim approved and lessen your chances of getting scammed," Commissioner Miller said.
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TIP #7: Conduct an any legal paper that is handed to you by the other insurance company. All insurance companies impose a certain time period in filing claims after the accident Do the full extent of your injuries and damages. Damages may include past and future expenses, such as, repair or replacement of a property, medical expenses, etc. Save receipts and bills for all expenses and the car that hit you, the accident scene and your injuries. To properly investigate, specialized engineers to complete the forms. Be careful about speaking with the insurers and their adjusters or lawyers' auto crash is settling with insurance companies. TIP #6: Keep any legal advice least two insurance companies: yours and the other driver's. Do an estimate of your own, or get the help of your auto crash attorney in evaluating this After you leave the to help you protect your case. This will help you prove the states, including California. If you do not go to the hospital immediately after the tell both your current doctor and your lawyer immediately.