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Posts Tagged ‘hurricane claims’

Florida Senate Bill 2044 Will Hurt Consumers

Wednesday, May 26th, 2010

A number of consumer protection advocates in Florida are urging Governor Charlie Crist to veto Senate Bill 2044.  This property insurance measure was rushed through the legislature last month.  While the bill does require that smaller insurance companies be better financed to pay claims after major storms, there are numerous provisions which reduce protection and coverage to consumers   Particularly, the bill will raise homeowners insurance rates as much as 10% annually and eliminate any requirement that the insurance company officers and actuaries certify the  “truthfulness” of  their rate filing documentation.  Additionally, the bill reduces the premium discounts to consumers who have weather-proofed their homes and businesses by installing storm shutters and durable garage doors.  Also, the bill decreases replacement cost coverage, even though homeowners pay an extra premium for such coverage.   Further, Senate Bill 2044 contains provisions which would shorten the statute of limitations for property claims from 5 years to 3 years.  This would mean that if a homeowner suffers serious damage in a hurricane, and 3 years later finds hidden or latent damage, the insurer would be allowed to withhold coverage for that damage and the homeowner would be barred from reopening a claim.

TWW encourages you to research Senate bill 2044 and how it may affect your insurance premiums and coverage in the upcoming hurricane season.  You can also email the governor at Charlie.Crist@MyFlorida.com and urge him to VETO CS/CS/ SB 2044.

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…)

Bittersweet Victory for Mississippi Homeowners with Katrina Damage

Thursday, November 12th, 2009

The Mississipppi Supreme Court ruled in a 9-0 landmark decision that “all-risk” home insurance policies may cover wind damage from hurricanes even where the loss is later exacerbated by water damage from storm surge.  Insurers had argued that such damage is excluded by the anti-concurrent cause (ACC) in their policies.  The Court decided that the ACC Clause in not applicable because the wind and water losses were separate or in sequence, and not “indivisible.”  Justice Randolph wrote in part, “… An insurer may not abrogate its duty to idemnify for such loss by the occurrence of a subsequent, excluded cause or event.”  In effect, once the wind loss occurs, the insured is entitled to the policy coverage and the burden is shifted to the insurer to prove what part of the loss was caused by the excluded peril, like water.  Unfortunately, thousands have already negotiated their Katrina claims for less than the value of their losses.

http://www.insurancejournal.com/news/national/2009/10/09/104428.htm