Florida Insurance Claim Lawyer Blog

Whenever a hurricane makes landfall in a densely populated area, such as South Florida, the last thing you want to be without is a form of communication. Therefore, it is imperative to be prepared.

These days, a cellular phone will be the most likely way we will communicate with the rest of the world during and after a hurricane.

However, simply having your cell phone available for use is not enough. More steps need to be taken to ensure that you are ready for any event which may arise. For example, you should keep your cell phone battery charged at all times. Its also important to have a backup plan to recharge your battery in case there is a power outage. A good alternative is to charge your phone by using a car charger or having extra batteries at hand.

During any storm, the biggest threat to your cell phone is water. Water will likely damage a cell phone, so keep it safe by storing it in a plastic bag or some other type of protective covering. You should also make sure to save all necessary emergency contact numbers and emails. These numbers should include the police department, fire station and hospital as well as your family members.

If you have a camera phone, that's great. Be prepared to take photographs, even video, of any property damage. Having photographs and/or video will help you in the event you file an insurance claim.

Taking photographs is of the utmost importance because your insurance company will ask you for photos of the damages to your property. Without these photographs, your insurance company is going to give you a tougher time with your claim as it makes it more difficult to prove damages without a photograph or video. As such, have your camera phone ready for use after a hurricane.

Sometimes providing photos and other requested documentation is simply not enough for an insurance company. Even with photos an insurer may treat you unfairly or mishandle your claim. At Alvarez & Barbara, LLP, we have the experience and knowledge to represent individuals, businesses, and community associations who are having difficulties with their insurance claim. In the event you feel you are being mistreated by an insurance company, don't hesitate to contact us.

South Florida hasn't been directly hit by a hurricane since Wilma in 2005, so its easy to become complacent and not worry about another storm. However, its not a good idea to take this attitude because analysts are predicting a busy hurricane season.

As Floridians, its important to prepare for a hurricane. Its vital that we purchase water, batteries, and non-perishable food items. Protecting your home by putting up shutters is basically a must-do. 

However, one thing many of us fail to prepare for is what to do in the instance our properties are actually damaged.

When was the last time you took a look at your insurance policy? The average person hasn't looked at their policy in years. If you fall into this category, we recommend you take some time to review policy.

You should review your policy to see what you have to do if your home is damaged. Specifically, you need to look at the section which is most likely labeled "Duties After Loss". Under these provisions, your policy sets out all the things you must do after finding damage. Failure to comply with these duties could result in your claim being denied.

Other than looking at your duties after a loss, make sure to look at whether your policy even covers windstorms or flood damage. You should also take the time to photograph or videotape your home, so that in the event of a claim you can show exactly what was damaged in a storm.

Another thing you should do is get the contact information for a Florida Association of Public Insurance Adjusters adjuster located in South Florida. Public adjusters are licensed professionals that represent and protect insured consumers during the tedious process of filing an insurance claim. A public adjuster will help ensure that your insurance company treating you fairly.

With hurricane season right around the corner its important to prepare for a hurricane and any ensuing damage. If we are unfortunately struck by a hurricane this season and you feel your insurer is mishandling your claim, don't hesitate to contact us for a consultation. We have the experience and know-how to represent your best interests. 

With Memorial Day right around the corner many are making plans for the holiday. Some may be going on vacation and some may be planning a BBQ. But once the holiday weekend is over, we must prepare for the 2011 hurricane season which officially starts on June 1.

Many native South Floridians have been dealing with hurricanes since they were young children and simply brush off hurricane season without preparation. However, must we remind you of the damage caused by Hurricane Andrew or even the more recent Hurricane Wilma, the second worst hurricane in Florida history?

Advanced preparation is vital because right before a storm hits, supermarkets and home improvement stores are jam-packed with last minute shoppers. Waiting until the last minute on important supplies is especially dangerous because items fly off the shelves and you risk being left without necessary supplies. It also important to stock enough supplies to last you through a storm and beyond.

Here is what the National Hurricane Center recommends you make a part of your hurricane survival kit:

The National Hurricane Center recommends including these items in your hurricane survival kit:

- Water - at least 1 gallon daily per person for 3 to 7 days
- Food - at least enough for 3 to 7 days
- non-perishable packaged or canned food / juices
- foods for infants or the elderly
- snack foods
- non-electric can opener
- cooking tools / fuel
- paper plates / plastic utensils
- Blankets / Pillows, etc.
- Clothing - seasonal / rain gear/ sturdy shoes
- First Aid Kit / Medicines / Prescription Drugs
- Special Items - for babies and the elderly
- Toiletries / Hygiene items / Moisture wipes
- Flashlight / Batteries
- Radio - Battery operated and NOAA weather radio
- Telephones - Fully charged cell phone with extra battery and a traditional (not cordless) telephone set
- Cash (with some small bills) and Credit Cards - Banks and ATMs may not be available for extended periods
- Keys
- Toys, Books and Games
- Important documents - in a waterproof container or watertight resealable plastic bag
insurance, medical records, bank account numbers, Social Security card, etc.
- Tools - keep a set with you during the storm
- Vehicle fuel tanks filled
- Pet care items
- proper identification / immunization records / medications
- ample supply of food and water.

Continue reading "Get Ready for the 2011 Hurricane Season" »

This legislative session we've been telling you about the bill that would change Florida's property insurance landscape. The proposed bill was pushed through by lawmakers despite the fact that Florida has not been hit by a hurricane since 2005. Well, that bill has now become a law.

Essentially, the new law was created so it could strengthen property insurance companies that cover damages from hurricanes, fires, and other losses. It is also designed to curb a recent surge in sinkhole claims which insurers believe are purely fraudulent. The sponsor of the new law stated it would "promote a competitive market with solvent companies that our policyholders can rely on."

However, the law does have its critics. Detractors of the law state the law would lead to higher premiums for all property owners. Additionally, the law also imposes new restrictions on public adjusters, and sinkhole claims, as well.

Specifically, this law also allows annual rate increases of up to 15 percent to cover higher reinsurance costs. This provides insurance companies with yet another excuse to cash in while making consumers vulnerable to serial premium hikes -- without fixing the underlying problems plaguing Florida's property insurance system.

Florida's property insurance system has been an almost annual legislative headache since shortly after Hurricane Andrew struck South Florida in 1992 -- the Category 5 storm killed caused about $16 billion in insured damage. Indeed, former Gov. Charlie Crist last year vetoed a bill that was similar except for the sinkhole provisions. However, back in 2007 legislators tried to protect consumers from crippling rate increases, thinking that was the best way to go. But the law signed by Gov. Scott did away with many of those consumer friendly protections and enhanced the insurance companies to ability to fight against insurance claims.

The law signed by Gov. Scott will also allow insurance companies to justify a new round of rate hikes for all of the hard working Floridians. This is so because the higher reinsurance rates will be an invitation to let insurance companies raise rates.

The new law also tightens restrictions on sinkhole claims, which the insurance companies say are costing them $500 million annually, and allows insurers to hold back part of a claims settlement until repairs are completed.

But that is not all that this law does. The law caps public adjuster compensation to 20 percent of the claim payment (10 percent for Citizens claims). The law also requires public adjusters to provide additional disclosure statements and notices.

These changes come as no surprise as the insurance lobby was able to convince our elected representatives that public adjusters spearhead the filing of allegedly fraudulent claims such as sinkhole claims. However, any move that restricts public adjusters is a restriction on the average Floridian because these individuals represent people who are having difficulties with their insurance claims. Their role is vital to a fair claims system as they have the knowledge and experience to navigate the complex claims process.

Insurers have become stronger. Accordingly, the public has become weaker. This fact highlights the reason why its important to hire a firm with the experience necessary to compete against Goliath insurance companies. At Alvarez & Barbara, LLP, we have this experience and the proven track record to compete in this new climate. Contact us today to discuss your claim.

The legislative session in Tallahassee has ended. During this past legislative session lawmakers in Tallahassee had an objective of reforming Florida's property insurance system. Consequently, property insurance was a big priority during the legislative session. Unfortunately, insurance companies, and not policyholders, are the big winners.

Our lawmakers passed Senate Bill 408 and now its up to Governor Rick Scott to decide whether the bill should become law.

Senate Bill 408, virtually guarantees a 15 percent premium "reinsurance" increase for Florida policyholders who have no choice but to buy property insurance on their homes if they have an outstanding mortgage. This is a backdoor tax and fee increase that will hurt most homeowners, consumers and small business owners at a time with very high foreclosure and unemployment rates, and a fragile economic recovery under way.

Moreover, homeowners who have no choice but to buy property insurance from Citizens Property Insurance Corp. will likely get the annual 10 percent increase, which continues to be authorized by law.

This premium increase comes after six years of no hurricanes and when the property and casualty insurance industry has record profits. Profits for U.S. property and casualty insurers rose 63 percent to $27 billion for the first nine months of 2010.

Senate Bill 408 also contains many other provisions that are anti-consumer as well. The reason being is that, for instance, the insurance lobby was able to convince our lawmakers that they needed to shorten the time in which hurricane and sinkhole claims could be brought. Insurers have been dealing with a large amount of claims that date back as far as 2005 in the aftermath of Wilma and also a recent rise in sinkhole claims. Instead of five years to file a windstorm claim, the bill proposes a 3 year limitation.

If this bill becomes law, policyholders are certainly going to be affected. Not only will their insurance rates go up, but many legitimate claims are going to be denied because of this restrictive time period. Water and mold damage often take a few years to present itself. Under the new law, someone who notices mold damage 3.5 years after the date of loss is out of luck. This provision does not take into account the fact that it can some time for damages to become evident. According to insurers, this provision is needed to curb fraud.

The bill also allows insurers to provide "additional or supplementary" information to the state without requiring top officers to certify that the data backing up their claim for a rate increase is truthful. Basically, this provision enables insurance companies to freely commit a fraud while they argue that time periods need to be shortened because of fraud. This is certainly a double standard.

Another troublesome provision of this bill is the fact that for people who pay for replacement cost insurance, in cases of hurricane repairs, homeowners will have to pay for some repairs in advance and hope to be reimbursed by the insurance companies. Many families simply can't afford this burden, or wait for the insurance companies to "drag their feet" to pay these claims.

Times are tough enough as it is for many in Florida. This bill only makes it tougher on all hard working Floridians and helps insurance companies raise are rates without any oversight and with reckless abandon to Florida as a whole.

At Alvarez & Barbara, LLP, we have considerable experience dealing with insurance companies and claims. If you're having difficulty with an insurance claim, contact Alvarez & Barbara, LLP to discuss your claim in greater detail today.

Insurance companies may have won another battle to raise rates on hard working Floridians. They may have convinced Florida's lawmakers to free them from providing comprehensive sinkhole coverage. Even though there is evidence which demonstrates that the rise in sinkhole claims are wholly legitimate, our legislators decided to side with insurance companies complaining about fraud and frivolous sinkhole claims. According to geologists, the recent rise in sinkhole reports can be attributed to the weather.

According to one geologist, you can almost predict sinkholes will occur when its dry and lots of water is pumped into an area. Also, the combination of low water levels and a big rain will lead to sinkholes. To illustrate this point, let's take a look at some facts.

Between 1991 and 1998, we received normal levels of rainfall and 55 sinkholes were reported each year during that time period. From 1999 to 2001, we faced drought conditions and then the average number of reported sinkholes rose to 93 a year. The spike can be attributed to large amounts of water being pumped during the dry spell.

Currently, Hillsborough County is ripe for sinkholes because of the 2010 drought which was followed by a cold winter that saw many farmers pump water to protect their crops. In 2010, there were 171 sinkholes reported to the Department of Environmental Protection. 150 were in Hillsborough.

Despite a wholly innocent explanation for the rise in sinkhole claims, bills are being proposed that would remove the requirement for insurance companies to offer comprehensive sinkhole coverage. Some bills are proposing that insurance companies will only be required to offer coverage for total ground collapse, which basically means a whole structure falls into the sinkhole.

Its quite the shame that our elected officials are not taking into account the opinions of geologists who are providing an honest explanation for the rise in sinkhole claims. Sadly, it appears that our State can't stand up to an insurance company when they are not telling the whole truth.

At Alvarez & Barbara, LLP we don't take an insurance company for their word. On a daily basis, we aggressively represent homeowners, and businesses, who need help standing up to their insurance companies when they have been mistreated. Don't hesitate to contact us if you find yourself having difficulty with your insurance company.