Iris Kuhn

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Iris Kuhn

The purpose of Section 627.7015, Florida Statutes titled “Alternative procedure for resolution of disputed property insurance claims” is to encourage insurance companies and policyholders to resolve their disagreements regarding disputed property insurance claims without the necessity of litigation or appraisal. The statute requires, in part:

(2) At the time a first-party claim within the scope of this section is filed by the policyholder, the insurer shall notify the policyholder of its right to participate in the mediation program under this section.1…
Continue Reading Can An Insurer Waive Its Right to Appraisal?

A very insightful reader posted this comment to my blog post, Period of Restoration-Valuing Business Interruption Claims, Part I:

When adjusting business interruption claims, I find that the biggest disagreements I have with carriers are not with the length of the restoration period. They’re with my projected revenues had no loss occurred.
Continue Reading Business Income Loss – Recurring Measurement Loss Issues

An overwhelming number of claims are settled on a mutual understanding with respect to the covered loss and the amount necessary to indemnify the policyholder. The question is then: What can a policyholder do if the insurance company is taking an unreasonable amount of time to tender settlement payment. Florida law remains focused on strong public policy encouraging settlement of claims. To accomplish that goal Florida legislature has implemented statutes to protect the policyholders even when an amicable resolution has been reached between the policyholder and the insurance company. …
Continue Reading In Florida, There Are Penalties For An Insurance Company That Does Not Timely Issue Payment After A Settlement

The effort to mitigate the damage, gather supporting documents, and present an insurance claim, can for many policyholders prove to be the toughest part of the recovery process. After suffering a loss or business interruption, the main priority of most business owners is restoring their businesses or premises as soon as possible – not preparing an insurance claim. While their goal is to achieve the utmost recovery in the shortest period of time, the loss adjustment process can be long and grueling.
Continue Reading Period of Restoration – Should the time to adjust the claim be considered? Part II

Business interruption coverage is very valuable to many policyholders in the wake of Hurricane Michael. Florida business owners may seek coverage under their commercial insurance policies for business interruption, which indemnifies them for lost earnings and expenses if their businesses are partially or totally interrupted as a result of Hurricane Michael. Business interruption coverage is intended to protect the potential earnings of the insured business. Its purpose is “to do for the insured…just what the business itself would have done if no interruption had occurred—no more.”1…
Continue Reading Period of Restoration – Valuing Business Interruption Claims, Part I

As the Category 4 Hurricane Michael approached Florida, many areas evacuated in preparation for the storm. During a catastrophic event, such as Hurricane Michael, governmental authorities often order evacuation and prohibit access to certain areas due to public safety. The evacuation orders in Florida forced many businesses to shut down their operations until further notice. As a result, the businesses affected by the evacuation orders may bring a claim for business interruption claim under coverage provisions for Civil Authority.
Continue Reading Hurricane Michael May Trigger Civil Authority Coverage For Businesses In Florida Panhandle

September 10, 2018, marked the one-year anniversary of the landfall of Hurricane Irma in Florida. According to the National Oceanic and Atmospheric Administration, the estimate of the damage caused by Hurricane Irma is $50,000,000,000.1 Well over a year since its devastation across the state, Floridians remain resilient and committed to rebuild their lives.
Continue Reading How Long Does It Take For An Insurance Company To Pay Out A Property Insurance Claim In Florida?

Various courts across the country have reached mixed decisions for insurance coverage disputes involving insureds who fell victims of social engineering crimes. The court’s ruling in Medidata Solutions Inc. v. Federal Insurance Company,1 finding coverage for the insured who was spoofed by e-mail fraudsters was previously discussed by my colleague, Verne Pedro. As Verne pointed out in his blog, the debate over whether and when victims of cyber-crimes are covered under computer fraud and similar policy provisions remains contentious and unsettled.
Continue Reading Social Engineering Schemes – Is There Coverage for Computer Fraud Involving the Company’s Email System?

Certain types of water damage are likely to fall under a water exclusion clause such as damage caused by flood, tsunami, standing water, groundwater and drain or sewage backup. Despite these categories, disputes often arise whether damages caused by water are covered under the standard homeowner’s policy. The type of water damage that may be covered depends on the source of loss, the policy, and if the water loss is accidental and sudden or gradual.
Continue Reading Is Duct Work Considered Part of a Home’s Air Conditioning “System”?