In Coba v. Tricam Industries, Inc., 40 FLW S257 (Fla., May 14, 2015), Florida Supreme Court discussed the procedure lawyers must follow when faced with an inconsistent verdict. (Although this was a wrongful death case, it is important for all civil litigators, including insurance lawyers). Continue Reading Preserving Error – Inconsistent Verdict
I just took in a new case involving the denial of an Accidental Death insurance claim.
Accidental Death policies are different from Life Insurance policies. Life insurance policies pay out when the insured person dies, regardless of the cause of death. Accidental Death policies pay out when the insured person dies from an accident. However, one common exclusion in Accidental Death policies is for deaths caused by a medical condition.
Unfortunately, insurance companies often become confused by their own policies. And, as you know, when an insurance company succeeds in confusing itself about what its policy says, it then refuses to pay the claim.
On June 4, 2015, the United States District Court for the Southern District of Florida issued an opinion discussing whether an insurance company had a duty to defend a construction defect claim brought against its insured.
The Insured was a contractor on a condominium project. The condo owner sent the Insured a notice of claim under Florida Statute Section 558.004. This notice is a prerequisite to pursuing a lawsuit against a contractor for construction defects. Continue Reading The Duty to Defend
On June 5, 2015, a powerful wind storm hit the Leesburg area in Lake County, Florida. The storm was strong enough to tear off roofs, and damage shingles.
As a lawyer for policy holders for the past 25 years, I know that there will be insurance claims arising from this storm which insurance companies will wrongly deny, delay or underpay. It is inevitable.
What do you do if you have claim that is denied, delayed or underpaid? That is easy.
On May 20, 2015, a powerful wind and hail storm plowed through the Oviedo and Winter Springs area in Seminole County, Florida. The storm dropped hail and brought powerful winds throughout the region. I’ve helped 1000’s of people with homeowners and business owners insurance claims for wind and hail damage to their homes and roofs.
If you believe your home or business has suffered wind or hail damage let me review that claim with you for free. Continue Reading Hail and Wind Storm Hits Oviedo and Winter Springs
Like almost all homeowners in Florida, my clients have a replacement cost homeowners’ insurance policy. This means that regardless of the age of their roof, the insurance company promised to pay the costs for a new roof if the roof has to be replaced because of hail or wind damage. (Don’t feel too sorry for the insurance companies, they charge a premium for this replacement cost coverage, and they are not forced to offer this type of coverage if they don’t want to.)
On July 8, 2012, my clients home was hit by a hail storm. At the time of the storm their architectural shingle roof was 15 years old. The homeowners submitted the claim to their homeowners insurance company. Their Continue Reading Jury Victory in Hail Damage Case
My clients noticed cracking around the outside of their home. They also noticed that they were having trouble closing doors in their home. They reported the claim to the homeowners insurer for suspected sinkhole damage. Continue Reading Lawsuit Filed in Sinkhole Case
My client was at home during a severe hail and wind storm which occurred on March 24, 2013. She even has pictures large pieces of hail in her hand. Her roof sustained significant hail and wind damage. She promptly called her homeowners insurance company to report the claim, and it promptly denied the claim – saying they were unaware of any storm, and did not see any storm damage. Continue Reading Lawsuit Filed on Roof Damage Case
My client and his wife came home one day and their home had burned to the ground. In addition, 50 years of memories and possessions were also destroyed. The insureds promptly reported the claim to their homeowners insurer, and the nightmare began. Continue Reading Lawsuit filed in Fire Loss Case
Today, in Citizens Property Ins. Co. v. Mango Hill #6 Condominium Assoc., Inc., ___ So. 3d ___, No.: 3D10-2630 (Fla. 3rd DCA July 10, 2013) the 3rd DCA once again held a trial court erred in applying Florida’s arbitration rules to insurance appraisals. Mango Hill involved a Hurricane Wilma claim, and Citizens had issued a commercial windstorm damage policy covering Mango Hill’s 7 building condominium complex. Continue Reading Third DCA Distinguishes Appraisal and Arbitration