The Citizens Property Insurance claims management provided a number of reports to the Citizens Board of Governors yesterday. For readers of this blog and policyholders who want to know what Citizens thinks of its claims handling, I suggest that you read the various reports which I have attached to this post.1
Continue Reading Is Citizens Property Insurance Giving You a Hard Time with Your Insurance Claim? Here Is Why, Based on Statistics Provided by Citizens Claims Management
Proposed Property Insurance Bill In the Florida Senate Protects Insurance Companies Over Voters and Policyholders
The title to this blog answers the question raised in a headline news article, Who Does The Proposed Property Insurance Bill Protect? Insurance companies cannot vote but that would be hard to determine based on this recent anti-policyholder bill filed in the Florida Senate. Policyholders are voters and they should be made aware when their elected officials are selling them out to the insurance industry lobby. Florida Senate Bill 76 may have been filed by an elected official, but the official had it written by lobbyists for the insurance industry.
Continue Reading Proposed Property Insurance Bill In the Florida Senate Protects Insurance Companies Over Voters and Policyholders
Florida Supreme Court Issues Anti-Consumer Opinion and Holds Insurance Companies Are Immune From Foreseeable and Consequential Damages When They Breach Contracts
Insurance companies in Florida can cause foreseeable harm to their policyholders and not be held accountable pursuant to a recent opinion by the Florida Supreme Court.1
Continue Reading Florida Supreme Court Issues Anti-Consumer Opinion and Holds Insurance Companies Are Immune From Foreseeable and Consequential Damages When They Breach Contracts
What May and May Not Be Resolved Through Appraisal or Arbitration in Florida?
Property insurance policies have long-contained appraisal and arbitration provisions.1 Although both avenues offer insureds the ability to resolve their claims through extrajudicial means, each has clear distinctions and similarities. In certain circumstances, some issues may only be resolved through a trial court.
Continue Reading What May and May Not Be Resolved Through Appraisal or Arbitration in Florida?
How to Force an Insurer into Appraisal in Florida – Satisfaction of Post-Loss Obligations
While appraisal can be used by an insurance company as a method of delaying claims and avoiding complete payment, there are circumstances when entering appraisal is in the best interest of the insured. Whatever the reason for seeking this cost-efficient procedure, it is important to consider what the courts view as prerequisites to utilizing their discretion to compel appraisal.
Continue Reading How to Force an Insurer into Appraisal in Florida – Satisfaction of Post-Loss Obligations
Has Your Insurance Company Denied Your Claim Because of Failure To Provide Prompt Notice?
Some insurance companies look for ways to deny insurance claims. One method is to use the “prompt notice” of loss requirement found in property insurance policies. State laws vary, but in Florida, the determination of whether “prompt notice” has been given and whether prejudice has occurred because of late notice is generally a fact question for a jury to determine.
Continue Reading Has Your Insurance Company Denied Your Claim Because of Failure To Provide Prompt Notice?
Invocation of Appraisal Process is Not an Automatic Cure for Civil Remedy Notice
The recent ruling in Fortune v. First Protective Insurance Company d/b/a Frontline Insurance, out of Florida’s 2nd District Court of Appeal, cleared up some longstanding confusion as to what constitutes a “cure” of a civil remedy notice.
Continue Reading Invocation of Appraisal Process is Not an Automatic Cure for Civil Remedy Notice
Breach of a Fiduciary Duty and Negligence by an Insurance Agent or Broker: What is the Difference?
Last month, I discussed the difference between insurance agents and insurance brokers, and how the actions of insurance agents, (and during limited circumstances, those of insurance brokers), can bind an insurance carrier. Here, I will discuss two different causes of action that may be brought against an insurance broker or an insurance agent: breach of fiduciary duty and negligence.
Continue Reading Breach of a Fiduciary Duty and Negligence by an Insurance Agent or Broker: What is the Difference?
Policyholders’ Potential Bad Faith Claim for a Retaliatory Nonrenewal
Picture this. You have retained counsel to assist in enforcing your claim under your insurance policy. After a favorable appraisal, and payment of that award by the insurer, you receive a notice of nonrenewal stating that the insurer is electing not to renew the policy as “the risk no longer complies with underwriting guidelines.”
Continue Reading Policyholders’ Potential Bad Faith Claim for a Retaliatory Nonrenewal
Interpreting Insurance Contracts in Florida
Insurance has been woven into the tapestry of human society dating back to ancient times. At its core, an insurance policy is a contract of indemnity between an insurance company and an insured. The policy is subject to the same rules that govern other contracts unless those rules are specifically modified by statute.1
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