Category: Insurance Claims

Category: Insurance Claims

Unlicensed Contractors and Assignments of Benefits (AOBs): A Warning for South Florida Homeowners

In the aftermath of a hurricane or a major tropical storm, the recovery and rebuilding process can be overwhelming not just for individual homeowners, but for communities as a whole. All of a sudden, the demand for insurance adjusters, contractors and temporary housing is far greater than the supply, and this means that the duration of the recovery process gets extended and many people are forced to move far away from their homes. Sadly, some people view this overwhe[ ... ]

What is the Statute of Limitations for Homeowner’s Insurance Claims in Florida?

When your home is damaged in a storm or other casualty event, you only have a limited amount of time to file a claim with your insurance company. If you wait too long, your insurance company may be justified in denying your claim entirely. However, this is not the only timeframe homeowners need to be worried about – especially since most homeowner’s file their insurance claims right away. There is also a statute of limitations that applies to lawsuits against homeow[ ... ]

What Can South Florida Condo Owners Expect from HO-6 Insurance Claims?

If you own a condo in South Florida, your condo association’s insurance policy should provide coverage for any damage to your home. Florida law imposes strict coverage requirements for condo associations; however, for individual unit owners, purchasing home insurance is no longer required. So, if[ ... ]

What are Your Options After an NFIP Claim Denial?

If you have flood insurance under the National Flood Insurance Program (NFIP) and you receive a denial of coverage, or the coverage you receive is inadequate to cover your flood-related losses, what options do you have available? Unfortunately, this is a question that many policyholders are forced to ask, as NFIP payouts often fall short of homeowners’ expectations. The NFIP Claims Handbook outlines three options for homeowners who are dissatisfied with the outcome[ ... ]

How to Make Use of the “Additional Living Expense” Clause in Your Homeowner’s Insurance Policy

As an insured homeowner, if you get displaced from your home as a result of damage sustained in a hurricane, storm or other casualty event, the “additional living expense” clause in your insurance policy is designed to help cover the costs you incur as a result of relocating to temporary housing. But, insurance companies will often attempt to deny coverage or pay less than the full amount to which policyholders are entitled; and, as a result, it is important to make[ ... ]

What is a “Concurrent Cause” and When Can (and Can’t) Insurers Deny Coverage?

One of the most complicated (and most frustrating) issues involved with substantial homeowner’s insurance claims is the issue of “concurrent cause.” Under standard homeowner’s insurance policy language, if two factors concurrently cause property damage and one factor is covered while the other is not, then the insurer has the right to deny coverage based upon concurrent causation. This “anti-concurrent cause clause” has understandably led to numerous lega[ ... ]

What is the Scope of Your “Duty to Cooperate” During an Insurance Claim?

Standard homeowner’s insurance policies include a provision requiring the homeowner to “[c]ooperate . . . in the investigation, settlement or defense of any claim or suit.” If you file a claim with your insurance company following a hurricane, tropical storm or other event resulting in damage to your home, what is the scope of your “duty to cooperate”? As with many legal questions, the answer is, “It depends.” Cooperating With Your Insurer During a[ ... ]

How “Impartial” is Your Insurance Company’s Appraiser?

When a homeowner and an insurance company disagree over the cost of repairs, the method for resolving their dispute will typically be specified in the “boilerplate” provisions of the homeowner’s insurance policy. Under a typical policy, the first step will be to have the damaged inspected by one or more “impartial” appraisers. But, what does it mean for an appraiser to be “impartial”? If an appraiser does work for an insurance company on a regular basis[ ... ]

Loss Estimates From Hurricane Michael Exceed $4 Billion

According to news reports, the total losses resulting from Hurricane Michael are expected to exceed $4 billion. In fact, since this figure solely represents the cost to agriculture businesses in Florida and Georgia (and their insurance companies), the aggregate financial impact of Hurricane Michael is likely to be far more substantial. One source, the Claims Journal, has[ ... ]

What to Do if Your Florida Home Was Damaged by Hurricane Michael

For many Florida homeowners who suffered losses during Hurricane Michael, their ability to rebuild is heavily dependent upon their ability to secure coverage from their homeowner’s insurance and flood insurance carriers. While some homeowners may find the insurance claims process to be fairly straightforward – especially if their homes suffered fairly minor damage – others will face significant challenges and frustrations at virtually all stages of the process.[ ... ]

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