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 Continue Reading Insurance Company Not Allowed to Insert Term Prohibiting Assignment of Benefits in Policy
Our client, a custom photography firm specializing in high quality commercial photography, purchased insurance for its Hoverfly Scripta drone.
The Hoverfly was damaged when it crashed after losing power during flight. Our client submitted an insurance claim for the damage. The insurance company denied the claim, citing to an exclusion in the
Continue Reading Drone Insurance Claim Victory
In Mid-Continent Casualty v. Hunter Crane, 40 FLW D1371c, (Fla. 4th DCA June 10, 2015), the 4th DCA discussed a commercial general liability insurance company’s duty to defend under its CGL policy when its insured has contractually agreed to indemnify, defend and hold harmless one of the insured’s vendors. Continue Reading Duty to Defend in the face of an “Insured Contract”
I have handled many cases where the roof on a business or home has been damaged by wind or hail.
Storm damage to your roof is covered under your homeowners and business owners property insurance policy.
Many times, the insurance company will do the right thing. Some times they don’t. Common strategies to deny claims that I have seen include: Continue Reading What to do if Your Roof has Wind or Hail Damage
On March 24, 2013, a powerful unnamed storm hit our area. I’ve had 100’s of claims on behalf of policy holders arising out of that storm. This week, another homeowner came to us because their homeowners insurance company denied another claim for wind and hail damage.
In One Call Property Services, Inc. v. Security First Insurance Company, 40 FLW D1196 (Fla. 4th DCA May 20 2015), One Call took an assignment of benefits from an insured homeowner after the homeowner hired One Call to perform clean up services caused by a water leak. Continue Reading Assignment of Benefits Upheld
In Edie Laquer v. Citizens Property Insurance Corporation, 40 FLW D1186, the 3rd DCA reversed a summary judgment in favor of Citizens on the issue of whether the insured had given “prompt” notice of the claim to Citizens.
I represent many homeowners and business owners who are suing their insurance company for roof damage from wind or hail. Many times, the leaking in the house gets so bad that the roof must be replaced during the course of litigation. My clients frequently ask whether it is ok to replace their roofs during the litigation. The short answer is “yes.” But, there are some caveats. Continue Reading Can Homeowners Replace Their Roof During Litigation?
In a long awaited opinion, in Citizen Property Insurance Corporation v. Perdido Sun Condominium Association, Inc., 40 FLW S265 (Fla., May 14, 2015), the Florida Supreme Court held that Citizens was immune from first party statutory bad faith claims.
[A] statutory first party bad faith cause of action under 624.155(1)(b) is not an exception to the immunity granted to Citizens by the Legislature.
However, the Court left open two areas where Citizens remains vulnerable to a suit for extra-contractual damages. Continue Reading Citizens Immune From Bad Faith, but there’s more…
In Allied Professionals Insurance Company v. Fitzpatrick, et. al., 40 FLW D1070 (Fla. 4th DCA, May 6, 2015), a chiropractor purchased a professional negligence insurance policy. The insurance policy contained a comprehensive arbitration provision which, among other things, required: 1) any claims by the insured, or anyone claiming on the insured’s behalf, to submit to arbitration; 2) any arbitration take place in California, under California law; and 3) all questions concerning arbitrability be decided by the arbitrators. Continue Reading Arbitration Under Insurance Policy