Following large-scale disasters like Hurricane Sally or Zeta, you will find that some insurance companies will make initial low-ball settlement offers and hope the policyholder takes the payment and doesn’t dispute the claim evaluation.
Continue Reading Understanding Alabama Insurance Claims Payments — No “Final” Payments
For the third part in this series on Alabama law, I want to focus on the scope of repairs and how actual cash value is determined. Alabama’s Administrative Code provides guidance for policyholders on how property insurance claims should be calculated.
Continue Reading Understanding Your Alabama Insurance Policy – Determining How Much Is Owed
In Part 1 of this series, I addressed general requirements for the insurance carrier’s adjustment of claims. Here, I want to focus on communications between the policyholder and the insurance carrier.
Continue Reading Delayed Insurance Claim Payment in Alabama? Insurance Companies Must Timely Respond To Alabama Policyholders
Is your hurricane claim being adjusted promptly, fairly, and equitably? I’ve heard many stories of policyholders that have still not seen an adjuster following Hurricane Sally, and Hurricane Zeta just brought more winds and rain to already damaged properties. It’s important to know the requirements Alabama insurance companies have for the adjustment of your hurricane claim.
Continue Reading Understanding Alabama Insurance Claims Standards—Is the Insurance Company Following Alabama Code?
Over the last couple weeks, I’ve had several policyholders call concerned about the upcoming September 10, 2020, “deadline to file a lawsuit.”
Continue Reading September 10, 2020 is Not the Statute of Limitations for Hurricane Irma Claims
Just over a year ago Florida Governor Ron DeSantis signed House Bill 7065, which became Fla. Stat. §627.7152—better known as Florida’s Assignment of Benefits statute.
Continue Reading Does Florida’s AOB Statute Apply to My Assignment Agreement?
The vast majority of property owners have never read the dozens (sometimes hundreds) of pages that comprise their property insurance policy. For most, the contents of the policy read like a foreign language, and how the conditions, exclusions, and other provisions could potentially apply to a future loss is not easily understandable.
Continue Reading Read Your Policy Renewal Closely – Important Changes May Be Buried in the Fine Print
If you are involved in first-party property insurance disputes in Florida you have undoubtedly heard of the “claim file privilege.” Insurance carriers and their legal representatives continue to assert this “claim file privilege” in defiance of Florida courts holding that no such privilege exists.1
Continue Reading The Mythical Claim File Privilege
I’ve run into this situation a handful of times recently in the Naples/Fort Myers area following Hurricane Irma. Generally, the policyholder is a retiree with ample spare time on his hands, a bit handy, and takes on the task of performing mostly cosmetic interior repairs himself (e.g., painting, drywall, flooring).
Continue Reading I Performed The Work Myself, Am I Entitled To Labor Costs?
Contrary to what the insurance companies want you to believe, in Florida, the insurance carrier has the burden to prove that your damages are excluded under the insurance policy.
Continue Reading Florida Burdens of Proof