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.
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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

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.

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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).
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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. 
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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 Insurance Regulation.  The OIR rejected the change because it would
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