Florida Insurance Law Blog : Florida Insurance Lawyer & Attorney : Mark Nation Law Firm : Orlando, Longwood, Gainesville

Recently, I filed suit against Nationwide Florida for denying a homeowners insurance for substantial hurricane damage to our clients' home. Our clients sustained wind and rain damage to their home from Hurricanes Charley, Francis and Jeanne. After the storms, our clients submitted the claim to Nationwide Florida, their homeowners insurance company.

Our clients have expended roughly $1,200,000 thus far in repairs to their home. Nationwide hired an engineer who advised that the damage (which did not exist before the 3 hurricanes ravaged the home) was due to problems with the original construction. Interestingly, this is almost the exact same issue which we successfully tried to a jury verdict a few months ago in Orange County Circuit Court against State Farm. In that case we obtained a verdict of nearly double the policy limits.  

The lawsuit was filed in Hillsborough County Circuit Court.  We have successfully pursued 100's of similar claims for homeowners and business owners throughout the State of Florida.
 

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We recently filed a lawsuit against Sun Life Assurance Company of Canada for life insurance benefits. Our client, the son of the decedent, argues that his mother was covered at the time of her death and therefore benefits are payable. Sun Life Assurance Company of Canada argues that our client's mom was not covered at the time of her death.

In particular, the insurance company argues that the employer, to whom the Policy was issued, failed to list Plaintiff’s mother as a disabled employee, still entitled to life insurance coverage, when the Policy transitioned from one carrier to another. The Sun Life Policy in affect at the time of his mom’s death includes a provision relating to “Continuity of Coverage.” This provision provides that if you were covered under the employer’s prior life insurance policy, then you will be covered under the new carrier’s policy.  Litigation continues.

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The courts continue to award attorneys fees as the result of appraisal, even upon timely payment of the appraisal award by the insurer. 

On November 19, 2008, the Third District Court of Appeal issued its opinion in Holder v. State Farm Insurance Company.    After the insured suffered hurricane damage, the State Farm adjuster offered (and non-binding mediation confirmed) the insured had $9,065.00 in covered losses.  The insured had a $9,000.00 deductible, leaving a net of $65.00 in insurance proceeds for the hurricane loss.

A year later, the insured filed suit, and State Farm invoked the binding arbitration clause of the policy.  The loss was appraised, and resulted in an appraisal award of $50,178.60.  State Farm promply paid the loss.  However, even though the filing of the lawsuit directly resulted in the payment of over 500 times the amount previously offered, the trial judge denied a claim for attorney’s fees.

The Third DCA reversed the trial court's denial of attorney's fees, citing Ajmechet v. United Automobile Ins. Co., 790 So. 2d 575 (Fla. 3d DCA 2001).  Ajmechet states:

When the carrier did not pay Ms. Ajmechet’s claim for her stolen, insured car, she sued the company in the circuit court, where the insurer demanded appraisal. After the appraisers determined the amount of the loss, the carrier paid the award without further ado. Because the payment was obviously effected by the law suit, we hold the insured was entitled to fees under section 627.428, Florida Statutes (2001).

(citation omitted)  It should be clear that when an insurer forces its insured into litigation to recover proceeds that are owed under the policy, the insurer is responsible for attorney's fees.

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