Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a civil trial lawyer who limits his practice to wrongful death, personal injury, and insurance cases. He is a member of the Million Dollar Advocates Forum whose members must have settled one or...MORE

Category Archives: Flood

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Is this Really “Flood” Damage?

Posted in Flood, Homeowners Insurance
I have previously written on what is and is not “flood” damage.  Now, another chapter in that same story. My client’s home was inundated with water when the fire hydrant at the front of his property literally blew off.  The ensuing deluge undermined the foundation of his house, and penetrated his frame walls, and soaked [&hellip… Continue Reading

Homeowner can Recover Flood Limits and HO-3 Limit

Posted in Flood, Homeowners Insurance, Valued Policy Law
In Florida Farm Bureau Casualty Insurance v. Mathis, ____ So.3d ____ (Fla. 1st DCA April 20, 2010), a home was significantly damaged as a result of Hurricane Ivan in September 2004.  The homeowners had a $250,000 flood policy and a $295,000 homeowners policy on the home.  The homeowners submitted claims to both the flood carrier and [&hellip… Continue Reading

Mississippi Supreme Court Issues Important Katrina Decision on Anti-Concurring Cause Clause

Posted in Anti Concurring Cause Clause, Coverage Questions, Efficient Proximate Cause, Flood
In a unanimous decision, the Mississippi Supreme Court has explained how the anti-concurring cause clause (ACCC) in the standard homeowners insurance policy should be interpreted.  Although this decision was from Mississippi, it will prove to be informative in Florida as there is very little Florida law on this important issue.  I’ve previously blogged extensively on the [&hellip… Continue Reading

Lawsuit Filed in Federal Court for Flood Insurance Claim and Agent Malpractice

Posted in Flood
Today I filed a lawsuit against Fidelity National Insurance Company for its denial of a flood claim arising out of Tropical Storm Fay.  Fidelity is a "write your own" insurer under the National Flood Insurance Program which is administered by the Federal Emergency Management Association.  In this case, Fidelity claims that the damages are less [&hellip… Continue Reading