Category Archives: insurance dispute
Florida Insurance Law: Understanding Your Insurer’s Duty to Defend
Most Broward County homeowners have some level of liability insurance. This coverage will provide you with certain protections in the event that you are sued by another person. Under Section 627.4137 of the Florida Statutes, insurance companies that offer liability coverage are subject to certain disclosure requirements. In the event that a lawsuit is… Read More »
Florida Appeals Court Rules in Favor of Homeowners in Dispute Over ‘Actual Cash Value’
Section 627.7011(3) of the Florida statutes controls property insurance claims that are filed for ‘full replacement costs’. Under the state’s insurance regulations, if a Florida homeowner files a claim for the replacement cost of their property damage, then the insurance company is required to immediately pay the ‘actual cash value’ of the losses. Then,… Read More »
Florida Appeals Court Rules in Favor of Homeowners in Water Damage Case
On September 20, 2017, in the case of the Milhomme v. Tower Hill Signature Insurance Company, Florida’s Third District Court of Appeal reversed a lower court decision in a property damage insurance dispute. Originally, the lower court ruled in favor of the insurance company. This case centered around a dispute over water damage sustained… Read More »
Florida Property Insurance Claims: Vandalism
Vandalism occurs when someone, often an unidentified person(s), causes deliberate or negligent damage to your property. From graffiti to broken windows to smashed property, vandalism can come in a wide variety of forms. While Broward County is one of the safer counties in Florida, vandalism still occurs here. In this post, our experienced Fort… Read More »
Florida Appeals Court Rules that Policyholder’s Claim Was Wrongfully Dismissed
On August 23rd, 2017, Florida’s Second District Court of Appeal reversed a lower court decision in the case of Castro v. Homeowners Choice Property & Casualty Insurance Company. The trial court in this dispute had ruled that the homeowners could not bring a legal claim on the grounds that they failed to comply with… Read More »
Florida Property Insurance: Interior Water Damage Caused By “Wind Driven Rain”
In general, a standard homeowners insurance policy will not offer coverage for flood damage. That type of coverage must be obtained by purchasing a separate policy. Of course, floods are not the only way that homes sustain serious interior water damage due to a storm. What happens when your interior water damage is caused… Read More »
Four Reasons Why Your Property Insurance Claim Might Be Denied
Dealing with major damage to your home or business is frustrating and stressful. This can be made even worse if you learn that your property insurance company is denying your damage claim. Here, we highlight four of the most common reasons why insurance companies deny property damage claims in Florida and we offer four… Read More »
All-Risk Property Insurance Policy Disputes: Who Has the Burden of Proof?
Evidentiary standards matter. Which party has the burden of proof, and what exactly they are required to prove, will go a long way towards determining who actually prevails in the dispute. As with all other legal disputes, the burden of proof is an important issue in all Florida property insurance cases. In these types… Read More »
Property Insurance Disputes: Matching
Imagine that big storm comes rolling through your property, causing considerable damage to your roof or the siding on your home. While the storm did not cause a total loss, the damage is substantial, and you will need to make a property insurance claim to obtain fair compensation for your losses. This leads to… Read More »
Three Things You Should Know About Water Damage and Insurance Claims
Did your home or business suffer major water damage? If so, you are not alone. Water damage is one of the most common reasons why people file property insurance claims. In fact, the Insurance Journal reports that 30 percent of all homeowner claims filed between 2009 and 2015 were due to water damage. About… Read More »