I recently posted about a court in Minnesota permitting the insured to seek the Replacement Cost Value (“RCV”) of its loss even though the property had not been repaired or replaced during ligation delays. Earlier this month, the Florida 11th Judicial Circuit for Miami-Dade County offered the Florida perspective on the subject.1

Continue Reading Florida Law on Post-Loss Obligations and the Recovery of RCV Benefits

I recently posted about a court in Minnesota permitting the insured to seek the Replacement Cost Value (“RCV”) of its loss even though the property had not been repaired or replaced during ligation delays. Earlier this month, the 11th Judicial Circuit for Miami Dade County offered the Florida perspective on the subject.1

Continue Reading Florida Law on Post-Loss Obligations and the Recovery of RCV Benefits

Hurricane Ian brought a significant storm surge with it. In some areas, the storm surge was reported to be up to 15 feet. Of course, this raises insurance questions such as what caused the damages to the property, the high winds associated with the storm, or the flooding. This will be a major topic of dispute in insurance claims over the next few years. However, Florida’s Valued Policy Law may be able to offer some guidance.

Continue Reading Florida’s Valued Policy Law and Hurricane Ian

This well-known idiom alludes to a catch or mysterious element hidden in the details.1 Policyholders purchase insurance to protect and secure their property. Unfortunately, many carriers do not disclose provisions that limit their policyholders’ rights in the event a dispute arises.

Continue Reading The Devil Is In the Details. What Did Your Premium Discount Actually Cost You?

We’ve all likely seen USAA’s recent commercial campaign featuring Super Bowl Champion Rob Gronkowski attempting, unsuccessfully, to obtain insurance with USAA.

Although the commercials are lighthearted and humorous, they also raise an important point about the application for insurance benefits.
Continue Reading Accuracy in the Application for Insurance is Necessary to Avoid Claims of Misrepresentation