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Under the guise of an effort to reduce insurance premiums and save on insurance costs, insurance companies have unfortunately successfully lobbied for, and recently obtained, passage of a bill, SB 76, that offers them more protection and limits your ability to pursue your insurance company when t...

The answer is: Because you may not have fulfilled all of your post-loss obligations yet.  Almost every policy contains it, a section called “Your Duties After Loss.”  This portion of the policy sets out all of the things you are required to do after reporting a claim.  They are called post-loss o...

As with anything involving an insurance company, suing them for bad faith is not always easy.  Insurance company lobbyists work very hard to promote and push laws through that protect insurance companies and make it difficult for you to seek redress when your insurance company treats you unfair...

While most insurance companies that provide homeowner's insurance provide replacement cost coverage—meaning, the cost to repair or replace your damaged property—they generally are only required to pay this amount as work is performed and expenses are incurred.  However, these “expenses” are usual...

While there are many pitfalls to force-placed insurance, a recent opinion from the Florida Fourth District Court of Appeals, which found the policyholder did not have the right to sue her force-placed insurance company to recover the full amount owed on the claim, felt like a good opportunity to ...

Know When You Can File a Lawsuit for Bad Faith There are several steps you have to take, first, to protect your right to pursue a bad faith claim against your insurance company.  First, you must file a Civil Remedy Notice that meets all of the necessary statutory requirements, which are precis...

If any of you have been through the insurance-claim process during Hurricane Ivan you know this.  Hurricane claims can take a long time (sometimes week, months, even years) to fully investigate, inspect, uncover all damages, obtain estimates and invoices, then dispute over the insurance company's...

Unfortunately, more often than not, this is a tactic.  It is a very strategic move we've seen in representing policyholders against their insurance companies for years, but far more recently in our Hurricane Michael and Sally claims, and we want to make sure you are aware of it.  What is a Sworn...

Is your insurance company refusing to pay for repairs?  You'll want to read this case to see how Citizens handled this claim and what the court thought about it.  In Citizens Property Insurance Corp. v. Tio, after the policyholder's property was damaged by a collapsed drain line, rather than inve...

Beginning on May 4, 2020, a dangerous fire, now widely known as the Five Mile Swamp Fire, burned out of control near Milton, Florida for over a month consuming nearly 2,300 acres and destroying the homes and property of numerous Santa Rosa County residents.  Westervelt Ecological Services, LLC (“...

Click the link below for a free download of multiple resources we have compiled for Hurricane Sally victims: FEMA assistance, basic supplies, help for seniors, disaster recovery loans, help for Veterans, and more.  Information, contact details, and clickable links for each resource are included. ...

For anyone affected by Hurricane Sally, know that many people will try to contact you about your damages, for different reasons.  Some are simply investigating, while others may be trying to solicit you.  It is important to know whether an individual has a financial incentive to contact you after...

Unfortunately, after a disaster like Hurricane Sally, many service providers will flock to the area trying to pick up as much work as possible while it is available.  Some will be legitimate, licensed contractors.  Others will not.  Beware of fly-by-night repair businesses.  Some service provider...

If any of you are dealing with your insurance company for damage caused to your home by Hurricane Sally, the following tips may be helpful when filing and settling your insurance claim. Remember, you bought insurance to take care of emergencies, and you should be satisfied with the way insurance ...

As we all clean up the mess from Hurricane Sally, it is important to avoid making a mess of your insurance claim. We have decades of experience handling hurricane claims. One of the recent problems we have seen from Hurricane Michael is when people unknowingly sign an Assignment of Benefits (“AOB...

With destruction and devastation rampant in Escambia and Santa Rosa County in the wake of Hurricane Sally, many home and property owners will begin taking the necessary steps to assess and calculate damage, advise their insurance companies of the loss, and slowly begin repairs.  In addition to ou...

October 10, 2020 will mark the two-year anniversary of Hurricane Michael.  Sadly, many victims are still waiting on payment in full from their insurance companies for damage Hurricane Michael caused to their home.  How are insurance companies able to do this?  By pulling a few tricks which we are...

“My goal was to convey the bittersweet beauty of the abandoned buildings that still lie in Hurricane Michael's wake in hopes of drawing attention to the struggle that the people of the panhandle are still dealing with.” These are the words of Kim Hill, author of Abandoned After the Storm: Hu...

Like you, every other driver in Florida is required to carry insurance, which means you most likely have liability coverage in place to pay for damages you may cause in case you are at-fault in a car accident.  Each of us can likely recall a moment where we were distracted, in a hurry, or simply ...

There is probably nothing more terrifying than experiencing a fire in your home.  Imagine safely avoiding injury only to have your fire insurance company refuse to play fair.  That is what happened to this family that evacuated to a hotel with their children and dogs without the money to fight ba...

This insured was certainly not in “good hands” when he filed a claim for coverage he was owed under his policy with Allstate.  Thankfully, Alabama Circuit Court Judge, Karen K. Hall, called Allstate out for its egregious conduct in willfully refusing to attempt to mediate and settle the case in g...

It's true!  Under Florida law, cars are considered “dangerous instrumentalities” because they are capable of causing serious bodily injury, even death, in the manner they are used, i.e., driven at high rates of speed.  Think about that for a moment.  The law considers your car as dangerous as a g...

Having formed on June 2, 2020, Cristobal set a record as the earliest-ever third-named tropical storm to form in the Atlantic basin during hurricane season.  Never before had three named storms formed this early in the year.  Previously, Tropical Storm Colin, held the record when it developed as ...

A Texas state court recently presided over what is believed to be the first jury trial in the U.S. to be conducted over Zoom.  The voir dire portion of the trial was streamed live over YouTube, enabling other lawyers and judges across the country to watch the process and learn from the nation's f...

Imagine you are a homeowner who has suffered damage from a storm.  Your insurance company wants to send an adjuster out to conduct an appraisal to investigate and determine the cost of the damage to your home.  These days, with virtually all of us carrying a smartphone, would you be inclined to v...