Tag Archives: Fort Lauderdale Property Insurance Dispute Lawyer
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 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 »
Florida Property Insurance Disputes: What is an Umpire?
Imagine that your Broward County home suffered serious damage in a midsummer thunderstorm, which is certainly not an uncommon occurrence in South Florida. Fortunately, you have property insurance. Even better, your damage is covered under the terms of the policy. However, this still leaves open a very important question: How much does the insurance… 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 »
You Can Initiate a Bad Faith Claim After Receiving an Appraisal Award
Under Florida law, property insurance companies have a legal obligation to settle claims using good faith business practices. If they fail to live up to that obligation, they can be held liable for bad faith damages. If you have been a victim of bad faith, you need to bring a claim on that issue… Read More »
Florida Supreme Court Releases Clarifying Opinion on Insurance Claims Involving Multiple Causes of Loss
Most property insurance policies offer coverage for some, but not all causes of loss. Indeed, in many cases, policies will explicitly exclude coverage for certain causes of damage. For example, you may have a homeowner’s insurance policy that offers coverage for wind damage but no coverage for damage caused by a flood. Of course,… Read More »
Windstorm Damage Insurance Claims
Damaging windstorms are common throughout the state of Florida. Not only is Florida at a particularly high risk for hurricanes and tropical storms, but stray severe storms can pop up at any time of year. Often, major storms will roll through almost no warning. According to data provided by FloridaDisaster.org, the Fort Lauderdale region… Read More »
I Don’t Have Any Receipts, Can I Still Make a Property Insurance Claim?
Property insurance disputes arise for many different reasons. In some cases, there may be a disagreement over whether a particular type of property damage is covered at all. In other cases, it may be clear that the damage is covered, but there may be a sharp dispute over the value of the losses. In… Read More »
My Insurance Company Refuses to Pay My Full Claim – What Can I Do?
Disputes over property damage claims are common in Florida. You may end up in a dispute with your insurance company over the value of your damage or whether your damage is even covered at all. Further, you could run into a disagreement over many complicated sub-issues, such as the market value of damages, the… Read More »