Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

Hurricane Hermine Update – Roof Claims

Posted in Business Insurance, Homeowners Insurance, Property Insurance, Roof Claims

Tens of thousands of Florida home and business owners have insurance claims for damage caused by Hurricane Hermine.  It is critical that policy holders know their rights.

Hurricane Hermine

I have litigated thousands of insurance claims on behalf of Florida home and business owners.  Many of those claims have involved claims for roof damage.

Almost 100% of home and business owners’ insurance policies issued in Florida are known as “replacement cost” policies.  A replacement cost policy means just what it sounds like: the insurance company is required to REPLACE the damaged property with new.  A simple example will help. Continue Reading

Hurricane Hermine Causes Widespread Damage to Homes and Businesses

Posted in Business Insurance, Homeowners Insurance, Insurance Coverage - General

Once again, Florida is ground zero for a major hurricane.  On September 1 and 2, 2016, Hurricane Hermine made landfall in Florida.  Hurricane Hermine’s path took the Hurricane directly over Florida’s Big Bend area through Leon County and into Georgia.

The wind and water damage along the direct path of Hurricane Hermine.  However, many parts of Florida outside the direct path of Hurricane Hermine have also sustained severe wind and water damage.  Hermine caused severe wind and water damage all up and down Florida’s entire Gulf Coast – From Naples to Pensacola.  Hermine’s high winds also stretched inland up and down the Florida Peninsula.

I, and my firm, have assisted 1000’s of home and business owners with hurricane insurance claims, including claims for:

  • Roof damage
  • Trees crashing into homes and businesses
  • Structural damage caused by high winds – this is known as “racking” a house.
  • Business Interruption caused by loss of electricity
  • Flood damage to vehicles

Many policy holders assume that their insurance company will “do the right thing” when they submit a hurricane claim.  My experience with 1,000’s of insurance claims indicates otherwise.

If your insurance company denies, delays, or underpays your claim, I can help.

In most of my insurance cases the insurance company must pay my attorneys fees and costs if we win.  And, if I lose, I’ll work for free.

ERISA Long Term Disability Victory

Posted in Disability, ERISA, Long Term Disability

Most ERISA disability policies state that the insurer has “discretionary authority” to make all decisions regarding whether to award or deny disability benefits.  If the policy contains this “discretionary authority” provision then the disability claimant can usually only overcome a denial if we are able to prove that the denial was: 1) wrong; and 2) the decision was arbitrary and capricious.  This is an extremely difficult burden to meet.  “Wrong” is not enough.   It has to be wrong, and arbitrary and capricious. Continue Reading

Hail and Wind Storm Damage in Poinciana and Kissimmee

Posted in Homeowners Insurance, Roof Claims

On the afternoon and evening of March 26, 2016 a major hail and wind storm pummeled the Poinciana and Kissimmee, Florida area.  Coincidentally, this was on the 24th anniversary of the catastrophic Central Florida Hail storm of March 26, 1992.  It was that 1992 storm that launched me into specializing in insurance claims for homeowners.  Since 1992, I’ve helped 1,000’s of people with homeowners insurance claims against their homeowners insurance companies.

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Looking at the devastation I’ve seen from photographs and videos from Poinciana and Kissimmee, I am convinced that there will be 100’s (if not 1,000’s) of unpaid insurance hail damage claims.
Continue Reading

Coverage Granted Under Separation of Insureds Clause

Posted in Bad Faith, Business Insurance

In Taylor v. Admiral Insurance Company, ____ S.3d ____ (Fla. 3rd DCA February 10, 2016), Ms. Taylor sued Hello Florida, Villa Vizcaya and Miami-Dade County as a result of a slip and fall injury. Hello Florida was the named insured under the Admiral Comprehensive General Liability Insurance policy.  Hello Florida was Ms. Taylor’s employer. Villa Vizcaya and the County qualified as additional insureds under the policy.

Admiral Insurance refused to defend or indemnify Hello Florida, Villa Vizcaya and the County.  Continue Reading

Pre-Litigation “Discovery” in PIP

Posted in Auto Insurance, PIP

In Shands Jacksonville Medical Center, Inc. v. State Farm Automobile Insurance Company,  40 FLW D1447a (Fla. 1st DCA June 22, 2015), the First District Court of Appeals ruled on the ways a PIP carrier can obtain information from PIP medical providers in Florida pre-litigation.

In this case, State Farm, sent a pre-litigation request to Shands pursuant to Florida Statute Section 627.736(6)(b) asking for: Continue Reading

Hail Damage Lawsuit Filed

Posted in Homeowners Insurance, Roof Claims

My clients purchased a replacement cost homeowners insurance policy.  On July 12, 2014, their roof sustained hail damage.  As in many of these cases, the insurance company hired an engineer to inspect the roof.  The engineer inspected the roof and wrote an extensive report concluding that there was no hail damage.  Instead, according to the insurance company’s engineer, the roof was old and suffered from manufacturing defects, and damage from foot traffic.  (This is almost exactly what the insurance company said in the trial I won a few weeks ago where the jury deliberated for about 18 minutes before returning a verdict in favor of my clients). Continue Reading

Another Suit Filed As Result of March 24, 2013 Wind and Hail Storm

Posted in Homeowners Insurance, Other Articles, Roof Claims

As I’ve written before, on March 24, 2013, a severe unnamed wind and hail storm hit the Central Florida area.  The storm caused significant damage to area homes and businesses.  In this case, our clients purchased replacement costs homeowners insurance coverage for their home.  Replacement cost insurance coverage pays the cost of replacement if any part of your home is damaged.  Replacement cost coverage pays the replacement cost without any deduction for age, and there is no depreciation or pro rata reductions of any sort.  This includes the replacement of a roof regardless of age if it needs replacement due to storm damage.  Continue Reading