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Florida’s Federal Appellate Court Rules that Insurance Agents are Not Fiduciaries

What can you expect from your insurance agent? When you buy home or flood insurance, is your insurance agent required to help you make the best decision based upon your finances and the location and condition of your home? Or, can he or she simply try to sell you the coverage that generates the biggest commission? In a recent case that has important impl[ ... ]

Is Your Vacation Home or House for Sale Considered “Vacant” or “Unoccupied”?

In the world of home insurance, “vacant” and “unoccupied” are two very different terms. If a home is deemed to be vacant, most standard homeowner’s insurance policies exclude coverage for losses due to vandalism, theft, water damage and certain other types of perils. However, if a home is considered unoccupied, then the homeowner’s standard coverage applies. So, if you own a vacation home in South Florida, is your vacation home considered vacant or unoccu[ ... ]

Florida Court Sides With Homeowner in Water Damage Insurance Claim

In February, Florida’s Fifth District Court of Appeal issued an important decision for property owners whose homes are damaged due to prolonged water intrusion. The case arose out of a refrigerator supply line leak that occurred while the homeowner was out of town. As summarized by the Fifth District Court of Appeal: “Hicks [the insured homeow[ ... ]

My Homeowner’s Insurance Company is Denying Coverage on the Basis of Fraud. What are My Rights?

As a homeowner who has suffered property loss in a hurricane, tropical storm, or other damaging event, the last thing you want to hear is that your insurance company is attempting to deny coverage. Unfortunately, this is an all-too-common occurrence, and one way that insurers often attempt to avoid liability for property damage claims is by alleging homeowner fraud. Insurance Company Fraud Allegations Against Homeowners As a property owner in Florida, you are[ ... ]

Assignment of Benefits (AOB) Fraud and Other Concerns for Homeowners with Insurance Claims

In the wake of Hurricane Irma in late 2017, Florida officials issued a warning that some homeowners were being targeted in scams involving an insurance form known as an Assignment of Benefits (AOB). The Florida Office of the Attorney General has warned of hurricane-related fraud scams as well, and we previously covered the Federal Emergency Management Administration’s (FEMA) advice for avoiding scams in the wake of a hurricane. Assignment of[ ... ]

Insurance Claim Settlement Checks: Homeowners, Make Sure You Know What You’re Signing

When you file an insurance claim after a hurricane or tropical storm causes damage to your home, if you are like most people, you want the process to be over as quickly as possible. You don’t want to have to go back and forth with your insurance company, and you are checking daily to see if there is a check in the mail. Unfortunately, the insurance companies know this, and they often try to use it to their advantage. A recent article in the Sun Sentinel highlighted[ ... ]

What Can You Do if Your Insurer Denies Your Property Damage Claim?

You bought insurance to protect your property. You paid your premiums. You filed a claim when your home was damaged in a storm and . . . your insurance company told you it isn’t going to pay. Unfortunately, this is an all-too-common scenario for South Florida homeowners. Home and flood insurance companies regularly deny homeowners’ claims for a variety of different reasons. While some of these reasons are legitimate (i.e. in the case of obvious insurance fraud),[ ... ]

FAQs: What Should You Do After a Storm Damages Your Home?

If you live in South Florida and your home has sustained damage in a storm, you will need to quickly begin the process of dealing with your insurance company and mitigating any ongoing damage to the extent reasonably possible. These answers to frequently-asked questions (FAQs) provide some of the information you need to know. Answers From Our Fort Lauderdale Pro[ ... ]

How to Calculate Your Personal Property Loss After a Fire, Flood or Storm

When your home is damaged in a fire, flood or storm, items inside of your home are likely to sustain damage as well. The damage to your personal property should be included in your homeowner’s insurance claim; and, in order to make sure you receive adequate payment for your property loss, you need to try to come up with a list of your damaged and lost property that is as complete as possible. While taking photos when you return home can help provide a record of som[ ... ]

Should You Hire an Attorney for Your Property Damage Insurance Claim?

After a storm or other disaster that damages your home or business, recovering your losses means filing a property damage claim with your insurer. You can go through this process on your own; or, you can hire an attorney to deal with your insurance company for you. If the damage to your home or business is substantial (or if you are unsure of the extent of your losses), here are seven ways that an attorney can help protect your rights under your policy: 7 Ways an A[ ... ]

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