Archives: Florida

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Matching Protections for Hurricane Irma Claims in Florida

In 1990, the National Association of Insurance Commissioners adopted a new section to its model regulations relating to unfair property claims.1 Section 9 of the model regulation provides:2 A. When the policy provides for the adjustment and settlement of first-party losses based on replacement cost, the following shall apply: *** (2) When a loss requires … Continue Reading

Florida Valued Policy Law & Hurricane Irma

We recently received a requested blog topic for the following: FL Value Policy Law as it would apply with Hurricane Irma. If we have an insured with a Citizens policy with Cov A limit of $200,000 and our repair estimate is $180,000 should the value policy law be applied? Answer: It depends. (I’m a lawyer, … Continue Reading

Hurricane Irma and Actual Cash Value in Florida

Florida’s Third District of Appeal recently confirmed that insurance carriers are initially obligated to pay the true amount of the actual cash value (“ACV”), not just the insurance company’s estimate of the ACV.1 This obligation exists regardless of whether policyholders intend to use the money to make repairs to their home. The court also confirmed … Continue Reading

Hurricane Irma Closed Claim Statistics Questioned

The Florida Senate Banking and Insurance Committee held a public hearing last Tuesday. The video above is my very brief testimony at the hearing where I questioned the Hurricane Irma Closed Claim statistics provided by Florida’s Insurance Commissioner, David Altmaier. The Commissioner was a math teacher before joining the Office of Insurance Regulation. I have … Continue Reading

Hurricanes Harvey and Irma Produced Tornados and Tornadic Activity Across Texas and Florida

With the devastating strength and power these hurricanes were bringing, the last thing on anyone’s mind was these hurricanes throwing additional blows to areas that seemed outside of their “cone.” However, those of us that went through Hurricanes Harvey and Irma (and even those watching from areas outside those directly affected) recall all the news … Continue Reading

Sean Shaw Appointed to Florida’s Select Committee on Hurricane Response and Preparedness

Merlin Law Group attorney Sean Shaw has been appointed to the House Select Committee on Hurricane Response and Preparedness. Reportedly, the committee will address evacuation planning, building codes, property insurance, flood prevention, beach renourishment, emergency shelters, school closures, power recovery, gasoline availability, and tax relief. It should also discuss FEMA public assistance and coordination with … Continue Reading

Appraisers Agreeing Not To Include Issues of Loss May Render Policyholders with No Later Recovery

Appraisals can result in losing propositions for policyholders. I often teach that policyholders need to make certain that they do their best during appraisal and not expect a bad award to get overturned. Policyholders need very hardworking, honest, and knowledgeable persons selected as their appraisers.… Continue Reading

Assignment of Benefits and the 2017 Florida Legislative Session

The 2017 Florida Legislative Session does not start until March 7th but committee weeks have begun in both Chambers. As a member of the Florida House of Representatives, I have been assigned to the following committees: Civil Justice & Claims Subcommittee Commerce Committee Energy & Utilities Subcommittee Government Operations & Technology Appropriations Subcommittee Insurance & … Continue Reading

Florida Hurricane Matthew Claims – Payment of Undisputed Amounts

States differ regarding the time frame required for a first-party property insurance carrier to pay undisputed amounts on a claim. In Florida, for a residential first-party property insurance claim, the carrier is required to pay undisputed amounts within 90 days after receipt of notice of the claim, if these three things have occurred:1 The insurer … Continue Reading

Thank you!

I want to thank everyone who helped us achieve a hard fought victory in my August 30th primary for the Florida House of Representatives. My law firm colleagues have been with me every step of this journey. They never wavered in their support and were there to offer whatever assistance I needed on my cases. … Continue Reading

Choosing a New Insurance Commissioner

The State of Florida is in the process of replacing the current Insurance Commissioner Kevin McCarty. As this blog has outlined in prior posts, McCarty has been a fair and effective commissioner under very difficult circumstances. His departure will be a loss for Florida’s insurance consumers.… Continue Reading

Kevin McCarty Presented With Lifetime Achievement Award

Florida Insurance Commissioner Kevin McCarty obtained a well-deserved Lifetime Achievement Award from the Florida Association For Insurance Reform. His acceptance speech was brilliant, engaging, emotional, and funny. Floridians are lucky to have him working for us in the Department of Insurance now known as the Office of Insurance Regulation since the early 1990s.… Continue Reading
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