Ruck DeMinico

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Preview of Florida’s Upcoming Legislative Session

Merlin Law Group Attorney and State Representative at Florida House Of Representatives, Sean Shaw, will be LIVE today at 11am EST talking about this year’s legislative session in Tallahassee. Here’s your chance to ask questions before the session. You don’t want to miss it! Go to @ 11am EST 3/2/17 to tune in.… Continue Reading

Florida Supreme Court Holds that the Presumption Favoring Insurers Created in Florida Statute 627.7073(1)(c) (2005) Does Not Apply in Litigation

The issue of whether the 2005 Florida Statute sections 627.7065, 627 .7072, and 627.7073 (2005), which affected sinkhole database information, testing standards, and reporting requirements, created a presumption that shifted the burden of proof to the homeowner in litigation to disprove an insurer’s expert’s opinion that damage was not caused by a sinkhole has been … Continue Reading

National Flood Insurance Program Legislation Moves Forward

The National Flood Insurance Program (NFIP) is facing a September 30th deadline. That is the date the temporary extension runs out on the Flood Program. Unless a bill that reauthorizes the program passes, the NFIP could expire. But this week, the House of Representatives passed H.R. 1309 (The Flood Insurance Reform Act) by an overwhelming majority.… Continue Reading

The Japan Tsunami and Contingent Business Interruption Coverage

Contingent Business Interruption coverage is usually an extension of the business interruption coverage available in most commercial property policies. It provides the insured with benefits to cover lost profits and extra expenses resulting from damage to a third party’s property.  In today’s integrated business world, most businesses are highly dependant upon others for product, sales, and … Continue Reading

Mark Everest Addresses Public Adjuster Safety and Risk Management

The CEO and President of Occupational Athletics, Inc., Mark Everest, has announced that public adjuster safety and wellness will be the topic for his new book and audio production. Everest, in conjunction with Occupational Athletes, Inc., is developing an interactive daily system that will help public adjusters gain the knowledge and tools necessary to lead … Continue Reading

Celebrities Have Insurance Problems Too

Last week, Tom Hanks and his wife, Rita Wilson, filed suit against their long time insurance broker. The complaint, filed in the Superior Court for the County of Los Angeles, contains ten claims, including professional negligence, breach of fiduciary duty, fraud, conversion, and unjust enrichment.… Continue Reading

Proposed Florida Senate Bill Protects Wrongdoing Property Insurers

In Major Bad Faith Legislation Filed in Tallahassee, I promised a further analysis of Florida Senate Bill 1592, explaining why this bill is bad for property insurance policyholders. Two striking parts of the bill is the elimination of accountability for good faith conduct and the prevention of common law remedies. This bill as written applies to … Continue Reading

Florida Federal Court Holds WYO Insurer Has No Cause of Action for Unjust Enrichment Under Federal Flood Insurance Law and Regulations

Jeremy Tyler’s post yesterday, More on the Collateral Source Rule, reminded me of a recent Florida federal court case with similar facts, Florida Farm Bureau General Insurance Company v. Jernigan, 2010 WL 3927816 (N.D. Fla. September 30, 2010). In Florida Farm Bureau, the insurer, as a Write-Your-Own Program Carrier participating in the National Flood Insurance Program … Continue Reading

A Case Which Illustrates the Importance of Providing Accurate Information to the Insurance Company

Blanchard v. Fidelity National Property and Casualty Insurance Co., et al. No. 09-352, 2010 U.S. Dist. LEXIS 44748 (W.D. La. May 5, 2010) The Blanchards owned a trailer and an apartment, located at 7529 Ling Road in Lake Charles. They lived in the trailer and rented the apartment. On April 11, 2006, Wesley Blanchard applied … Continue Reading

Florida’s First District Court of Appeal Issues an Opinion on Valued Policy Law

Florida Farm Bureau Casualty Insurance Company v. Mathis — So.3d —-, 35 Fla. L. Weekly D868a, 2010 WL 1542631 (Fla. 1st DCA April 20, 2010) Florida Farm Bureau Casualty Insurance Company appealed a final judgment in favor of the Mathises, awarding them their homeowners policy limits. Hurricane Ivan caused substantial wind and flood damage to … Continue Reading

Court Finds That an Agent’s Bad Manners and Technical Violations of Procedures and Rules Does Not Establish Bad Faith

Allstate Indemnity Co. v. Shoopman Docket No. 09-cv-0083 (E.D. Ky. February 11, 2010) In this case, the Shoopmans’ home was substantially damaged by fire. After they filed a claim, Allstate investigated the causes of the fire and suspected the fire was the result of arson and that an “insured person” was involved in the arson … Continue Reading

Florida Court Rules in Favor of Homeowner on Burden of Proof in Sinkhole Claim

The issue in this case was whether the amended sections of Florida Statute sections 627.7065, 627.7072, and 627.7073 (2005), which affected database information, testing standards, and reporting requirements for sinkhole claims, created a presumption that shifted the burden of proof to the homeowner to disprove an insurer's expert's opinion that damage was not caused by a sinkhole....… Continue Reading