Archive for the ‘Insurance Law’ Category

Filing an Insurance Claim after a Storm

Tuesday, June 22nd, 2010

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The following tips may be helpful when filing and settling an insurance claim following a disaster. Remember, you bought insurance to take care of emergencies and you should be satisfied with the way insurance companies honor their part of the contract.

1.     Contact your insurance agent as quickly as possible. Let them know about your losses. If you are relocated temporarily, provide the address and phone number where you can be reached. The claim process may begin in one of two ways. Your insurance company may send a claim form for you to complete or an adjuster may visit your home first, before you are asked to fill out any forms.

2.    Take pictures of the damage, if possible, before beginning repairs.  If you repair small items such as TV antennas, window covering or fences before the adjuster arrives, it may be difficult to prove the damage. Pictures can also be used as evidence for tax deductions.

3.     Protect your property from further damage or theft. Patch roofs temporarily. Cover broken windows or holes in walls with plywood, canvas or plastic. If household furnishings are exposed to weather, move them to a safe location for storage. Save receipts for what you spend and submit them to your insurance company for reimbursement. Do not make permanent repairs without first consulting your agent. Unauthorized permanent repairs may not be reimbursed. (more…)

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Is Your Insurance Coverage Ready for Hurricane Season?

Tuesday, June 15th, 2010

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When storms are heading towards land, most insurance companies stop selling new policies or won’t allow coverage increases — or both.  That’s why it’s important to evaluate the insurance coverage you have for your home and/or business before a storm enters the Gulf.

Flood Insurance

A typical homeowners insurance policy doesn’t cover damage from flood or other surface water, including storm surge.  You will need a separate flood insurance policy, available from the National Flood Insurance Program (NFIP).  NFIP policies have a 30-day waiting period before coverage becomes effective.  If you have been told that you do not need flood coverage, consider this- some insurance policies define flood as “water flowing across your property.”  A heavy rain could potentially cause flood damage that would not be  recoverable under your homeowner’s policy.  Even if you don’t live in a low lying area or near a water source, it’s a good idea to consider flood coverage.  For more information about the NFIP program and Flood Insurance: http://www.fema.gov/pdf/nfip/summary_cov.pdf (more…)

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Noteworthy Insurance Coverage Case

Thursday, June 3rd, 2010

In the Supreme Court of Mississippi; Corban v. USAA, Case No. 2008-IA-00645-SCT

Dr. and Mrs. Corban owned a home in Long Beach, Mississippi which was damaged as a result of Hurricane Katrina on August 29, 2005.  The Corbans had purchased a homeowner’s policy from USAA which afforded protection from windstorm damages.  The Corbans properly notified USAA of their claim for damages.  USAA conducted an inspection of the Corbans’ residence and made the determination that the majority of physical damage was a result of flooding from storm surge which was excluded by the homeowner’s policy.  As such, USAA refused to pay for damages it alleged were the result of water or damages which resulted from wind and water acting together.  The Corbans filed suit. (more…)

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Noteworthy Insurance Coverage Case

Tuesday, April 27th, 2010

Florida Farm Bureau Casualty Insurance Company v. Mathis —So.3d—, 35 Fla. L. Weekly D868a,  2010 WL 1542631 (Fla. 1st DCA April 20, 2010)

Mr. and Mrs. Mathis suffered damage to their two story home in Navarre Beach following Hurricane Ivan.  The Mathis’ were insured under a flood policy and a separate homeowners policy which covered windstorm coverage.  The home was deemed a total loss by the county and in order to rebuild or repair, the Mathis’ would need to comply with current building codes requirements with regards to elevation heights.  The expense to repair as well as the unsafe nature of the structure left  the Mathis’ with no choice but to demolish their home.  (more…)

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Noteworthy Insurance Coverage Cases

Tuesday, April 13th, 2010

State Farm v. Menendez, So.3d, 35 FLW D133 (Fla. 3d DCA 1-6-2010)

In this case, Gilda Menendez allowed her granddaughter, Fabiola, to use a vehicle insured by State Farm.  Ms. Menendez and her granddaughter’s parents were passengers in the car while Fabiola was driving.  Fabiola negligently operated the vehicle and caused an accident resulting in injuries to everyone.  At the time of the accident, Fabiola lived in her parents’ home and Ms. Menendez lived at a separate address.

State Farm considered Fabiola an “insured” under the policy because she had permission to operate her grandmother’s vehicle.  However, State Farm denied her parents’ bodily injury claims because of a “household exclusion” provision.  The provision excluded “any insured or any member of an insured’s family residing in the insured’s household.”  State Farm concluded that the parents were members of their daughter’s “household” and not eligible for bodily injury coverage under the policy. (more…)

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Noteworthy Insurance Coverage Cases

Tuesday, April 13th, 2010

Lloyds Underwriters v. Keystone Equipment Finance Corp., 25 So3d 89 (Fla. 4th DCA 2009)

In this case, Keystone Equipment (the “insured”), purchased insurance coverage from Lloyds Underwriters (the “insurer”) for a commercial tractor trailer.  The insurance policy had an effective date of November 30, 2004.  On December 18, 2004, the tractor trailer was stolen.  The insurer denied the claim although the policy provided coverage for theft.  The written policy contained a “Garaging or Secured Yard Warranty” which required the insured to keep the tractor trailer in a closed garage, a guarded enclosed parking lot, or parked beside the insured’s residence.  Because the insured had failed to store the tractor trailer in either of these ways, Lloyds found that Keystone was in breach of this warranty and was not entitled to recover damages for the stolen tractor trailer.  At the time of the loss, Keystone had not yet received a copy of the insurance policy and was unaware of the warranty provision. (more…)

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