Great minds are dedicating tremendous attention currently to finding coverage for the financial impacts of COVID-19. Without citing to them all here, this blog has tracked and commented on many of the early efforts, including the recent comments of President Trump giving his opinion that if insurance carriers have issued policies providing business interruption coverage, they should honor that coverage. Doubtless, we can all come together on that rhetoric, though it doesn’t take the place of analysis and will not help much in the inevitable litigation.
Continue Reading Pathways to Coverage

As policyholder attorneys, we frequently hear concerns from public adjusters that at the conclusion of a difficult adjusting process with an insurance carrier, a release was demanded in exchange for some agreed payment for the loss.1 Public adjusters cannot advise their clients whether the release is appropriate since that advice would constitute the practice of law, and the policyholder is then presented with a dilemma: sign the release to receive the insurance check – and give up the right to seek supplemental benefits under the policy – or refuse and challenge the insurance company’s release requirement.
Continue Reading The Trouble with Releases of Claims in Exchange for Policy Benefits

Once Hurricane Irma passes and recovery efforts begin, the many volunteers who agreed to serve on boards of community associations will have daunting challenges. Buildings will need to be secured from further water intrusion, and units that are water-soaked will need to be dried out. The storm debris ranging from damaged landscaping to destroyed roofing and other building materials will need to be removed. Many of these items will be critical path tasks to return properties to safe, habitable condition. Failure to effectively and quickly cope with dangerous conditions on the property may mean the difference to residents of whether the local building officials or fire marshal condemn the property and prohibit occupancy pending extensive repairs.
Continue Reading Emergency Powers Exists to Enable Hurricane Recovery for Florida Community Associations