Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a Board Certified Civil Trial Attorney. Although there are about 100,000 attorneys in Florida, only about 1% are Certified as Civil Trial Attorneys...MORE

Category Archives: Homeowners Insurance

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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

Lawsuit Filed for Vibration Damage to Home

Posted in Earth Movement, Homeowners Insurance
Our client’s home was severely damaged because of the vibrations and underground shock waves caused by nearby bridge construction.  This type of damage is often covered by your homeowners insurance.  This is true even if the insurance policy has an exclusion for “earth movement.”  (Those exclusions typically only exclude naturally occurring earth movement, not man-made… Continue Reading

Lawsuit Filed for Wind Damage to Roof

Posted in Roof Claims
We recently filed a lawsuit against American Traditions Insurance Company on behalf of our client.  Our client is a homeowner who sustained wind damage to her roof and interior water damage during the March 30/31, 2011 unnamed storms.  The homeowners insurance company only paid for in the interior damage and claimed that the roof was… Continue Reading

Lawsuit Filed for Sinkhole Damage

Posted in Homeowners Insurance, Sinkhole
My client recently noticed cracking in the walls and foundation of his home.  He asked his homeowners insurance company to inspect for possible sinkhole activity affecting his home.  The homeowners insurer retained an engineer and a geologist to inspect the home and perform sinkhole testing.  The insurance company’s engineer and geologist concluded that there was… Continue Reading

Lawsuit Filed for Wind Damage to Roof

Posted in Homeowners Insurance, Roof Claims
My client, who lives in eastern Volusia County, suffered wind damage to his roof during a significant unnamed storm on January 25-26, 2011.  He submitted the claim to his homeowners insurer.  As often happens, the homeowners insurance company hired an engineering firm to inspect the roof and prepare a report.  As often happens, the engineer… Continue Reading