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 Flood Insurance Program (“NFIP”), insured plaintiff’s property in Key West, Florida, under a Standard Flood Insurance Policy (“SFIP”).
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In March, I posted a blog on the Hicks v. American Integrity Insurance Company opinion,1 in which a Florida court ruled that policy language stating: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days,” did not preclude coverage for damage caused during the first 13 days of a water leak.
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The current volcanic activity in Hawaii is sure to have many homeowners wondering if they are covered by their homeowner insurance policy in the event of a volcanic eruption. Like hurricanes and tornados, volcanos are a peril that certain areas are subjected to. Volcanic eruptions are powerful, destructive, and often unpredictable. Although there is little that can be done to protect property from damage if a volcanic eruption occurs, homeowners can prepare themselves for the aftermath by maintaining property insurance.
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Hurricane season has begun early this year, with the first named storm of the season, Alberto, making its appearance just days before the official season start date, which is June 1st. Tropical Storm Alberto is headed for the Gulf Coast and is expected to bring tropical storm conditions, including flooding rains, coastal storm surges, and high winds over the holiday weekend. Alberto is expected to strengthen within the next 72 hours, and may intensify to hurricane strength. Alberto’s winds have the capability of producing tornados. Additionally, the risk of flooding is heightened due to the heavy rain that has occurred over the past couple weeks.
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