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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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

Water Damage to Tile Floors

Posted in Homeowners Insurance
Tile floors are cemented into place when they are installed.  Water intrusion at a home can often result in floor tiles becoming loose.  The technical term for this is “debonding” of the floor tiles.  Debonding occurs when water breaks the seal between the tile and the concrete which bonds the tile to the floor. Debonded… Continue Reading

Lawsuit Filed Against Homeowners Insurance Company for Wind Damage to Tile Roof

Posted in Homeowners Insurance, Roof Claims
My client, a local lawyer, sustained substantial wind damage to his tile roof as a result of the severe unnamed storm that hit our area on March 30, 2011.  He submitted the claim to his homeowners insurance company.  The insurance company had his roof inspected by an engineering firm that found that his tile roof – which… Continue Reading

Lawsuit Filed Against Homeowners Insurance Company for Deficient Sinkhole Remediation Plan

Posted in Homeowners Insurance, Sinkhole
After back-to-back trials which ended last week, I’ve been quite busy meeting with new clients.  In this case, my client’s homeowners insurance company confirmed that his house was suffering from damage from sinkhole activity.  The insurance company hired an engineering firm to prepare a sinkhole remediation plan.  On its face, the remediation plan appeared deficient.  I… Continue Reading

Lawsuit filed Against Homeowners Insurer for Improper Sinkhole Repair Technique

Posted in Homeowners Insurance, Sinkhole
My client’s homeowners insurance company has confirmed that a sinkhole is damaging his home. Additionally, several of his surrounding neighbors have sustained significant sinkhole damage. The insurance company retained an engineering firm to come up with a sinkhole remediation plan. The plan suggested by the insurer’s engineering firm is inadequate in two very significant respects.… Continue Reading

Successful Trial on Homeowners Case

Posted in Homeowners Insurance
My clients sustained lightning damage to electrical items in their home. A few weeks later, someone stole their truck from their driveway and torched it.  The truck contained a significant amount of Ham Radio equipment as well as other items. They filed claims with Allstate, their homeowners insurance company, for the lightning damage, and also for the… Continue Reading

Insurance Lawsuit Filed for Homeowner Due to Hail Damage to Her Roof

Posted in Homeowners Insurance, Roof Claims
My client purchased a standard Florida homeowners insurance policy when she bought her home in 2006.  At the time of the purchase her mortgage company required a home inspection.  The home inspection revealed that the roof was in good shape with no noticeable damage.  In 2010, she noticed that several of her neighbors were having… Continue Reading

Attended Another Sinkhole Neutral Evaluation Today

Posted in Sinkhole
My client’s homeowner’s insurer retained the services of a geotechnical engineering firm and geologist to perform a sinkhole investigation at my client’s home.  The insurance company’s engineers and geologist wrote a report concluding that there was no sinkhole activity at the insured’s home.  However, while the engineering/geologist’s report concludes that there is no sinkhole activity,… Continue Reading

Insured Homeowner Sues Sinkhole Engineers

Posted in Sinkhole
In Alderman v. BCI Engineers & Scientists, Inc., ____ So.3d ____ (Fla. 2nd DCA Sept. 2, 2011), the insured homeowner hired BCI Engineers & Scientists, Inc. (BCI) to 1) perform a subsurface sinkhole investigation; and 2) supervise the remediation of the sinkhole activity. The insured also filed a claim with State Farm, his homeowner’s insurance company, for… Continue Reading

Another Lawsuit Filed For Roof Damage Due to March 30, 2011 Storm

Posted in Homeowners Insurance, Roof Claims
On March 30, 2011 a severe unnamed storm hit Central Florida with high winds, rain and hail.  Since then I have filed at least 20 lawsuits against various homeowners insurers for wrongly denying roof damage claims.  Most of those cases were immediately settled by the insurance company as soon as they received the lawsuits. Yesterday, I settled… Continue Reading

Lawsuit Filed Against State Farm Florida for Wind Damage to a Roof

Posted in Homeowners Insurance, Roof Claims
My client’s home is insured by State Farm Florida.  On July 1, 2010, there was a significant wind event in east Orange County, Florida.  My client submitted the claim to his homeowners insurer.  The homeowners insurer hired an engineering firm to inspect the house.  The engineers hired by the insurance company wrote a report that there was no wind… Continue Reading

Lawsuit Against Citizens for Failing to Pay for House Fire

Posted in Homeowners Insurance
My client’s home was damaged by fire in 2010.  At the time of the fire she was insured with Citizens Property for her homeowners insurance.  Citizens sent out an estimator who initially estimated the damages for approximately $40,000.  My client’s contractor estimated that the damage was approximately $130,000.  Citizens later sent an additional check for… Continue Reading

Sinkhole Lawsuit Filed Against USAA

Posted in Homeowners Insurance, Sinkhole
Florida Statutes currently require homeowners insurers to provide their insureds with sinkhole coverage.  The statutes define "sinkhole loss" as sinkhole activity that causes "structural damage" to a home.  Structural damage is not defined in the statute.  However, homeowners insurance company, USAA, applies a very narrow definition of "structural damage" against its policy holders.    My client has USAA, and… Continue Reading