Archives: Insurance

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Repairing Hurricane Florence Flood Damage to Golf Courses

In addition to the beautiful beaches, one of the things for which Myrtle Beach, South Carolina, is well-known is its golf courses. Because there is a year-round temperate climate, and Myrtle Beach has courses designed by world-famous architects, including Arnold Palmer, Jack Nicklaus, Robert Trent Jones, and Greg Norman, it is many golfers’ favorite golf … Continue Reading

How Does a Flood Insurance Claim Work? Tips to Get Your Florence Flood Claim Quickly Paid

Flood insurance claims are different than regular property insurance claims because virtually all flood insurance claims have to follow federal regulations. The vast majority of all flood insurance policies are written through the National Flood Program. Even if a private company known as a Write Your Own (WYO) is listed as the insurer on the … Continue Reading

Hurricane Florence – What Does My Flood Insurance Policy Cover?

Florence battered the Carolina Coast with 90mph winds when it made landfall near Wilmington, North Carolina on September 14, 2018. Florence downgraded to a tropical storm Friday evening and is now crawling across South Carolina at a drastically slow rate of approximately 5mph. The Carolinas are now facing the devastating effects of catastrophic storm surge, … Continue Reading

Total Loss and Constructive Total Loss in Florida

Total loss and constructive total loss concepts in Florida are often confused with automobile total loss situations and exclusions and coverages related to Ordinance or Laws. We recently were asked about building law and ordinances which required a building to be demolished per building codes. The cause of the damage was by a covered peril … Continue Reading

Appellate Court Disagrees with Sister Court on Assignment of Benefits

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

Beware of Actual Cash Value Endorsements

Actual cash value polices should rarely be sold on a typical home. Insurance agents who sell these policies knowing that a mortgage exists are negligent because various federal laws and regulations generally require that negotiable mortgages are to be protected by replacement cost insurance: Property insurance for properties securing loans delivered to Fannie Mae must … Continue Reading

Hurricane Irma Claims Data Update

The Florida Office of Insurance Regulation recently released updated data from Hurricane Irma.1 A quick review of the data paints an interesting picture. While we all know that Irma did substantial damage in Florida, the sheer size of the numbers is still daunting. Almost one million claims have been reported (997,237) totaling over $10,000,000,000.00 in … Continue Reading

What Constitutes an “Abrupt Collapse”?

Most property insurance policies provide additional coverage for direct physical loss of or damage to covered property caused by or resulting from an “abrupt collapse.”1 In Hoban v. Nova Casualty Company,2 a California federal district court recently addressed the meaning of the phrase “abrupt collapse,” which the commercial insurance policy at issue defined as “an … Continue Reading

More Problems With TWIA – Quantity Does Not Equal Quality

Hurricane Harvey victims along the Gulf Coast continue to fight for proper claims treatment from Texas Windstorm Insurance Association—better known as TWIA. On August 27, 2018, KPRC Channel 2 News Houston profiled the ongoing problems property owners are facing with their TWIA claims. KPRC Channel 2 News Houston interviewed me as part of its ongoing … Continue Reading

Hurricane Irma Flood Case Dismissed in State Court

A case recently came in front of the court regarding a claim for damage caused by Hurricane Irma. The case is Rodriguez v. Wright National Flood Ins. Co., No. 4:18-cv-10077 (S.D. Fla. Aug. 14, 2018). In Rodriguez, the defendant, Wright National Flood Insurance Company, a write-your-own insurance carrier that is part of the government’s National … Continue Reading

Carriers Fail to List or Mention the Important Print in a Policy Once Dollars are at Stake

Frequent readers of our blog know that property insurance losses center on the insurance policy. The Policy provisions are the most fundamental and are always important in a breach of contract case. Despite the importance of the policy, you would think that insurance company adjusters, independent adjusters, and the representatives working on insurance claims would … Continue Reading

Man’s Best Friend—Are They Covered?

My blog post last month, Man’s Best Friend—Are You Covered, took a look at 2017 dog-bite statistics in the United States and whether the typical homeowners policy covered these types of injuries. The answer to that question more often than not is “yes.” However, there has been a tremendous growth recently in another related industry—pet … Continue Reading
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