Picking the right expert has never been more important when fighting an insurance company that has wrongfully denied an insurance claim. The rule for expert admissibility has just changed in Florida and the same concerns about experts apply everywhere.… Continue Reading
A septic system back-up into a home can be a rotten situation for a homeowner, and depending on the extent of the back-up, can cause widespread damage throughout the home. When researching coverage for septic system back-ups I was surprised by the number of Florida cases addressing this very issue.… Continue Reading
The purpose of Section 627.7015, Florida Statutes titled “Alternative procedure for resolution of disputed property insurance claims” is to encourage insurance companies and policyholders to resolve their disagreements regarding disputed property insurance claims without the necessity of litigation or appraisal. The statute requires, in part: (2) At the time a first-party claim within the scope … Continue Reading
Reporter Steve Andrews ran a televised story highlighting that some Florida legislators are listening to insurance company lawyers and lobbyists rather than taking care of their constituents in Consumers Would Take Hit If Insurance Lobby Gets Its Way, and Change in Insurance Law Would Take Away Consumers’ Day in Court. The story references Florida House … Continue Reading
Insurance regulation is important. Unlike other commercial products, insurance is a product that serves the public trust. Without regulation, history has proven that insurers cannot control themselves. They go broke just when we need them the most and their claims practices, if unchecked, can be atrocious. States with a strong admitted marketplace should be encouraged. … Continue Reading
Amy Bach is on the side of angels when it comes to fighting for policyholder rights. She is the Executive Director of United Policyholders which is the nation’s largest not for profit advocacy. She and her staff have spent considerable time in Florida educating the public and Florida lawmakers about insurance and sound public policy … Continue Reading
The Insurance Journal published an article last week, Sometimes I Disagree with the Blogs I Love. The article had a lengthy discussion of this blog. I really like how it started: Property Insurance Coverage Law – Chip Merlin and team do a great job helping me to understand what’s going on in property insurance law … Continue Reading
Insurance company lawyers and lobbyists are a crafty crew. Kelly Kubiak got word from me after I learned late Tuesday afternoon that Florida legislators needed to hear from her early Wednesday morning regarding a proposed law that would let delaying, denying and wrongful acting insurance companies obtain a “get out of free jail card” so … Continue Reading
An overwhelming number of claims are settled on a mutual understanding with respect to the covered loss and the amount necessary to indemnify the policyholder. The question is then: What can a policyholder do if the insurance company is taking an unreasonable amount of time to tender settlement payment. Florida law remains focused on strong … Continue Reading
The National Association of Public Insurance Adjusters held its mid-year meeting last week and the topic of assignment of benefits, commonly referred to as AOB’s, was on the agenda. Lisa Miller, an insurance lobbyist and regulator I have come across for over twenty-five years was the speaker on the topic.… Continue Reading
At Merlin Law Group, we want policyholders to have the tools necessary to maximize recovery following a loss. Understanding when policyholders are entitled to statutory interest and knowing how to calculate it is a small trick of the trade in the property insurance industry.… Continue Reading
The appraisal alternative dispute resolution procedure in most first-party property insurance policies in Florida is a valuable process for insureds. In our experience at Merlin Law Group, few states in the country have a greater need for an understandable, enforceable appraisal process than Florida. Since at least Hurricane Andrew in 1992, policyholders and insurers have … Continue Reading
House Bill 911, effective January 1, 2018, was filed by Representative Sean Shaw and enacted by the Florida Legislature to amend Fla. Stat. § 626.854, which protects policyholders through the regulation of public adjusters. Chip Merlin discussed this new law in detail in his post on July 2, 2017. In requiring public adjusters to be … Continue Reading
September 10, 2018, marked the one-year anniversary of the landfall of Hurricane Irma in Florida. According to the National Oceanic and Atmospheric Administration, the estimate of the damage caused by Hurricane Irma is $50,000,000,000.1 Well over a year since its devastation across the state, Floridians remain resilient and committed to rebuild their lives.… Continue Reading
Sean Shaw will be a great Florida Attorney General. The Miami Herald endorsed Sean this week and noted some of the reasons why he can help so many and change the status quo as Florida’s Attorney General.… Continue Reading
In December of last year, my colleague Ashley Harris discussed Security First Insurance Co. v. Florida Office of Insurance Regulation,1 where the Florida Fifth District Court of Appeal (Fifth DCA) upheld the Office of Insurance Regulation (“OIR”) prohibition of proposed language in an insurance policy that would require “all insureds, all additional insureds and all … Continue Reading
In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument.… Continue Reading
Nearly every homeowner’s insurance policy issued in Florida provides a mechanism for resolving disputes between the insured and their carrier as to the amount of a loss: Appraisal.… Continue Reading
When homeowners discover a plumbing issue in their home, there are usually several things running through their minds: investigating the source of the leak, stopping and fixing the problem, and drying as much of the water as possible. One thing that can be easily overlooked, especially by insureds who have never experienced a plumbing leak … Continue Reading
Recently, the Second District Court of Appeal affirmed the dismissal of a class action against Omega Insurance Company in which the policyholders asserted that Omega improperly required them to pay a deductible when Omega invoked its right to repair the property.… Continue Reading
It has been over 30 years since Florida lawmakers enacted section 624.155, which was designed to provide a civil remedy when an insurer fails to settle their policyholder’s claim in good faith or commits any one of the unfair claims handling practices identified in section 626.9541(1)(i). Yet, to this day, questions still arise on one … Continue Reading
A handful of bills regarding proposed statutes concerning assignment of property insurance benefits were withdrawn from both houses of the Florida legislature this month. Each of the proposed laws were directed toward assignments entered into by property owners in exchange for the agreement of the assignee — typically a contractor — to complete the associated … Continue Reading
Many property insurance policies have a provision that states something similar to the following: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days.” Insureds may find their claims for water loss under their homeowners’ policy denied on the grounds that the leak was present … Continue Reading
Back on November 7 of last year (2017), I wrote about an important opinion in the world of property insurance litigation, Joyce v. Federated National Insurance Company,1 where the Florida Supreme Court reaffirmed that you could still obtain a contingency-fee multiplier where justified under Quanstrom and in so doing reversed the Fifth District Court of … Continue Reading
