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

Category Archives: Homeowners Insurance

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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… 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… Continue Reading

Insurance Company Not Allowed to Insert Term Prohibiting Assignment of Benefits in Policy

Posted in Assignments, Homeowners Insurance
In Security First Insurance Company v. State of Florida, Office of Insurance Regulation, 40 FLW D1449a (Fa. 1st DCA June 22, 2015), Security First sought to amend its insurance policy form to prohibit post-loss assignment of benefits without the insurer’s prior approval.  Security First submitted its proposed policy form change to the Florida Office of… Continue Reading

Hail Damage Investigation

Posted in Homeowners Insurance, Roof Claims
In every roof damage claim I pursue, I, and my experts, perform a forensic examination of the roof.  A forensic roof inspection includes photographs and a video inspection of the roof.  In hail damage cases we look for hail impact marks on the shingles, the soft metals on the roof, and screen enclosures.… Continue Reading

Sinkhole Lawsuit Filed Against Homeowner’s Insurer

Posted in Sinkhole
My client noticed cracking around the exterior of then garage, and then in her living room.  She was concerned that this may be a sinkhole so she contacted her homeowners insurer.  The homeowners insurance company retained an engineering firm (which I have seen on hundreds of sinkhole claims) and not surprisingly, the engineering firm declared that… Continue Reading

Fourth DCA Rules on Late Notice and Proof of Loss Issues

Posted in Complying with Policy Conditions, Coverage Questions, Homeowners Insurance
Just today, the 4th DCA ruled in Kramer v. State Farm Florida Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2012), where an insured homeowner gave late notice and proof of loss concerning a wind damage claim. Ultimately, the insurance company in this case won on summary judgment.  But, the important part of this case… Continue Reading

Roof Claim Settled

Posted in Roof Claims
About 2 months ago, I filed a lawsuit against my client’s homeowners insurance company for refusing to pay for wind damage to his roof.  The insurance company had hired an engineer who wrote a report stating that there was no wind damage.… Continue Reading

Neutral Evaluation Statue Found Constitutional

Posted in Sinkhole
In two recent decisions rendered on June 29, 2012 and on July 11, 2012, the Second DCA held that Florida Statute Section 627.7074 – the Sinkhole Neutral Evaluation Statute – was constitutional.  The two cases are entitled State Farm Florida Insurance Company v. Buitrago, ____ So.3d ____ (Fla. 2nd DCA 2012) and Sunshine State Insurance Company v.… Continue Reading