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

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

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?

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

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?

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?

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

In May of 2019, a decision made by a panel of Florida’s Fifth District Court of Appeals sparked an important debate that could have consequences for policyholders and their insurers throughout the state of Florida. The Florida Supreme Court will soon end that debate, and its decision could impact how attorneys choose to approach advocating for policyholders when delays in payment directly result in lost income for insureds.
Continue Reading Consequential and Foreseeable Damages: Recovery of Lost Rent Directly Attributable to the Insurer’s Breach of Contract