Indiana Business Lawyer Blog

V. The Insurance Adjustor.

There will be one, and very well may be two insurance adjustors assigned to your claim. One adjustor may specialize in structural damage while a second adjustor may deal with the loss of household goods and personal property.

It is now time for you to be careful. In many instances, indeed most instances, the insurance adjustor may very well show up at the scene with a contractor or a company that specializes in dealing with insured fire claims. The first step will be securing the premises and preserving the remains of the fire for two purposes. First, for making the determination as to the cause and origin of the fire, and secondly, to make an initial determination as to the personal property, furniture, household goods and appliances that the insured owns and may be the subject of future adjustment to the claim.

Continue reading " If You Have A Fire Don't Get Burned By: Peter L. Obremskey and Michael L. Schultz " »

III. Coverage.

The insurance agent has dictated the information contained in the application, photographs submitted to the company, and the desires of the insured to obtain maximum coverage. It is important, on the other hand, that the coverage provided has a relationship with the fair market value or actual cash value of the building being insured. That is to say, if the building is over-insured for its value, the insured may bear some of the risk of the loss, or have coverage denied. The same is true if the building is insured for less than its actual cash value as then the 80/20 provision applies which dictates that the insurance coverage must be at least 80% of the actual cash value of the property.

Continue reading " If You Have A Fire Don't Get Burned By: Peter L. Obremskey and Michael L. Schultz " »

I. Introduction.

Short of a death or serious personal injury, the most devastating thing that can befall a family is to have their home or business destroyed by fire. It is hard to imagine the emotional upheaval to stand by and watch the fire department attempt to save your hopes and dreams as they go up in smoke. It is at this juncture you would expect your homeowners or commercial insurance policies to step in and provide the protection for which you have paid insurance premiums for those many years. Unfortunately, there are many pitfalls which you must be aware of if you are going to protect your interests and receive just compensation from the insurance company for the loss that you have suffered. It is important to understand that the damage to your home or business is not only caused by the fire, it is also caused by the smoke, the water and the destruction created by the fire department in an attempt to put out the flames. As the fire department leaves the scene, your thoughts must go from the smoldering ashes to what’s next.

Continue reading " If You Have A Fire Don't Get Burned By: Peter L. Obremskey and Michael L. Schultz " »

House Enrolled Act 1065, signed into law by Governor Daniels, prohibits any person (meaning natural person or organization) from adopting or enforcing an ordinance, resolution, policy or rule that prohibits or has the effect of prohibiting an employee, including a contract employee, from possessing a firearm or ammunition locked in the employee’s vehicle out of sight at the employee’s job. Exceptions to the rule are numerous and varied, but include schools, domestic violence shelters, certain United States government facilities, nuclear regulatory facilities and property owned by public utilities that “generates and transmits electric power” or a department of public utilities created under 8-1-11.1 (consolidated city department of public utilities).

House Enrolled Act 1065 authorizes individuals to bring a civil action against any employer or other person who has violated this statute by attempting to enforce an ordinance, regulation or policy against firearms locked in an employee’s vehicle. A civil action can result in actual damages, costs, attorney fees and an injunction against the employer. The statute, however, specifically prohibits the jurisdiction of the court for an action against an employer who complies with the statute (presumably an action brought by an individual who is harmed by an employee who brings a firearm to work although that section is not clear).

The statements contained herein are for informational purposes only and are not to be considered legal advice and should not be construed to form an attorney-client relationship. If you have any questions regarding this article, please contact an attorney.