Florida Insurance Claim Lawyer Blog

Our Miami insurance dispute lawyers would like to remind you that forecasters are keeping an eye on a disturbance that could grow into a named storm, Emily, as South Florida enters the height of hurricane season.

And, while forecasting has made great strides in recent years, it is still far from infallible. When Hurricane Charley hit the Fort Myers area in 2004, it did so after making a virtual 90 degree turn at the last minute -- it had been forecast to make landfall far up the West Coast of Florida.

Last year, the National Hurricane Center made changes to the hurricane watch and hurricane warning system that is relied upon by local emergency planning officials and residents alike. The changes provide greater lead time to prepare for the possibility of a hurricane.

The National Weather Service reports that tracking errors have been cut in half over the last 15 years. The issuance of watches and warnings will be made 12 hours earlier this year, which should allow homeowners and emergency officials in the target area more time to prepare.

Tropical Storm Watch: Are now made when tropical storm conditions (winds of 39 to 73 mph) are possible within 48 hours.

Tropical Storm Warning: Are issued when tropical storm conditions are expected within 36 hours.

Hurricane Watch: Hurricane conditions (winds greater than 74 mph) are possible within 48 hours.

Hurricane Warning: Hurricane conditions are expected within 36 hours.

Continue reading "Understanding Hurricane Watches and Warnings can Help Protect Homeowners in South Florida" »

Tropical Storm Don earned respect when she earned her name on Wednesday. Tropical Storm Don is expected to make landfall in southeastern Texas on Friday.

This should serve as a reminder to all of us here in South Florida that tropical depressions, or areas of intense thunderstorms that gather in the tropics, become named tropical storms when they reach sustained wind speeds of 39 mph.

Understanding how storms are characterized can assist homeowners in knowing what to expect. However, our Miami hurricane damage lawyers caution homeowners against becoming complacent in cases where a tropical storm fails to become a hurricane, or when a hurricane fails to climb the charts.

The act of rating a storm can actually be dangerous when it leads to such complacency. The storm-classification system is designed to assist South Florida residents in understanding what to expect -- as long as they understand that, in all cases, a storm carries the risk of serious property damage and the potential for serious or fatal injury when residents fail to take the proper safety precautions.

Tropical storms, such as Don, have wind speeds of 39 to 73 miles an hour and are associated with torrential rains, localized flooding, downed trees and power lines and the possibility of structural damage, particularly to older buildings or mobile homes.

A tropical storm reaches hurricane strength when winds climb above 74 miles an hour and are categorized on a scale of 1 to 5 until the winds reach roughly twice that speed. Anything with sustained winds of more than 155 mph is considered a Category 5 hurricane. Katrina was a Category 5 storm when it hit New Orleans and Andrew was a Category 5 storm when it devastated South Florida in 1992.

Florida Today provides a nice graphic illustration.

Category 1: Minimal Hurricane
Winds: 74 to 95 miles per hour
Storm surge: Up to 5 feet
Damage: Some trees and power lines may be down; damage caused by flying debris; localized flooding; those in mobile and modular homes are at greatest risk.

Category 2: Moderate Hurricane
Winds: 96 to 110 miles per hour.
Storm Surge: 6 to 8 feet.
Damage: Downed trees and power lines; some flooding; debris damages; structural damage possible, particularly in older homes. Mobile and modular homes at great risk.

Category 3: Extensive Hurricane
Winds: 111 to 130 mph
Storm Surge: 9 to 12 feet
Damage: Widespread flooding possible. Significant structural damage to homes and buildings possible. Downed trees and power lines. Probable destruction of mobile and modular homes.

Category 4: Extreme Hurricane
Winds: 131 to 155 mph
Storm Surge: 12 to 18 feet
Damage: Widespread destruction of homes and buildings, structural damages and roof loss are common, significant flooding and storm surge risk, higher likelihood of significant time without power.

Category 5: Catastrophic Hurricane
Winds: Greater than 155 miles per hour
Storm Surge: 18 feet
Damage: Widespread destruction

The important thing to keep in mind when considering a storm's rating is that all of these storms can cause significant property damage and can lead to the risk of serious or fatal injuries. This weekend's tropical storm, in Texas, with winds of 40 miles per hour, is roughly twice as powerful as our typical violent summer weather. A minimal category 1 hurricane is four times as powerful as a typical summer storm.

Continue reading "Texas May be Struck by Tropical Storm Don on Friday" »

Two Florida insurance companies are seeking large rate increases for many already cash strapped Florida homeowners. Allstate's Castle Key Insurance Company is seeking to raise insurance rates by as much as 31% for Florida homeowners, while its sister company, Castle Key Indemnity is seeking a rate increase as high as 36%.

Castle Key Insurance has close to 140,000 insurance policies statewide as of the end of last year, including close to 32,000 in Broward, Palm Beach and Miami Dade County. Castle Key indemnity has close to 126,000 insurance policies, including 21,000 in South Florida.

While the two companies have close to the same number of policies, Castle Key Insurance reported a claim paying reserve of 136 million at the end of last year while Castle Key Indemnity reported less than 15 million.

The insurance companies claim that the cost of reinsurance is rapidly rising and its losses and expenses have so far exceeded the premiums it collects and that it's projected to increase with out a rate hike.

State regulators have until August to reject the increase, approve it, or approve a smaller increase.

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.

Consider Your Options. Contact Us Today.

Before opening our law firm in 2006, our attorneys worked for some of the state's, and nation's, largest law firms, and worked representing the insurance companies for years. Our attorneys are now uniquely positioned to use that experience to assist individuals and businesses alike throughout Florida with their insurance claims. As a result, our attorneys are well versed in the impact insurance has on businesses, condominiums, and individuals alike. Our insurance litigation practice group is prepared to tackle your insurance claim.

Given our extensive experience litigating for, and against, insurance companies, our insurance litigation practice group is prepared to provide aggressive, efficient and effective representation on a broad spectrum of insurance claims in Florida for local, national, and international clients. We are prepared to advocate insurance claims at the pre-suit stage, trial, appellate and arbitration levels.

If you are facing a dispute over an insurance claim in Florida, contact Alvarez & Barbara, LLP, for a free and confidential consultation to discuss your rights.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.

So far this year there have been four named storms to date. Any of these storms are strong enough to do significant damage. However, none of them caused any significant impact to South Florida.

Now that South Florida is in the very height of hurricane season it serves as a reminder that tropical depressions are storms with winds of up to 38 mph and are identified only by numbers; tropical storms are given names and have winds form 39 to 73 mph and hurricanes have winds above 74 mph. And so far this year we have had 4 named storms.

From now through November, the chances are good that South Florida will be threatened by named tropical storms or hurricanes. Even a tropical depression can cause wind and water damage while serving as a health reminder that the time to prepare is now, before a serious storm is eminent.

For those who always seem too busy to prepare, our Miami storm damage attorneys recommend readying you and your family in several stages.

Always
-Know and understand your insurance policy, including your exposure to deductibles.
-Keep your important paperwork in water-proof storage containers
-Keep several plastic totes with the following items inside (and clearly marked in a checklist on the outside): manual can opener, disposable plates, silverware and cups, first aid kit, flashlights, battery-operated radio.

Start of hurricane season
-Purchase fresh batteries for radios and flashlights
-Ensure fresh gas is available for the generator and gas grill and that both are in good repair.
-Purchase fresh bottled water (at least 7 gallons per person -- a gallon a day for a week). Buying 20 oz bottles will allow the water to be used at the beach or around the pool after hurricane season.

Hurricane Watch
If you have followed the instructions above, this will be your serious hurricane preparation and it should be pretty simple:
-Fill cars with gas.
-Go grocery shopping
-Gather specialty items, including pet care and child care items.
-Charge cell phones
-Gather rain gear, toys, books and games
-Ensure you have cash on hand to last several weeks.

Hurricane Warning
This means a hurricane is going to strike the area.
-Install storm shutters
-Remove patio furniture and other loose items, including planters, from the exterior of your home
-Ensure you have emergency contact information, including the location of the nearest shelter
-Listen to official instructions or advisories.

Continue reading "Arlene? Bret? Cindy? Dora? The 2011 Hurricane Season Has Seen 4 Named Storms Already While Our Firm Stands Ready to Help Miami Homeowners if a Named Storm Strikes South Florida" »

Whenever a small business or individual files an insurance claim, it often turns into a battle between the claimant's adjuster and the insurance company's adjuster. In many ways, it's a fight between David and Goliath due to the difference in resources available to each side. As a result, you would think that our government would do a better job of leveling the playing field. However, whenever David does something wrong he is often punished by state officials. On the other hand, when Goliath mishandles a claim, the chances of a crack down are very slim.

Here is a very telling fact that shows the amount of power insurance companies have in Florida: when there's a complaint against an insurance company's adjuster there's a less than 16 percent chance the adjuster will be disciplined; however, whenever there's a complaint against a public adjuster, representing a home owner, or business owner, there's a 75 percent chance the state will discipline that person.

On both sides there are certainly adjusters that need to be investigated and disciplined. By and large, most adjusters approach their jobs with honesty and complete professionalism. Nevertheless, that doesn't mean you shouldn't be prepared to file a complaint against an insurer's adjuster for mishandling a claim.

During the claims process make sure to request and keep all documents related to the claim. Also, keep a journal noting phone calls and the dates and people you spoke to. Make sure to check the licenses for any adjuster, contractors or roofers helping with your claim. This can be done at www.myfloridacfo.com. Lastly, if you feel that your claim is being mishandled, don't hesitate to immediately contact the Department of Financial Services.

The insurance claim process is often daunting and time-consuming. At Alvarez & Barbara, LLP, we have the resources and expertise to properly help you with your insurance claim especially if your claim is being mishandled by your insurance company, or the adjuster hired by your insurance company.

Continue reading "Adjusters Hired By Insurance Companies are Seldom Disciplined" »

Florida's weather and lack of a state income tax make it one of the most ideal places for people to live in. However, there is one thing that happens in Florida that many are unaware of - sinkholes.

Even though most Floridians are unaware of them, Florida has the highest occurrence of sinkholes in the country.

Sinkholes develop when water moves through the underground layer of limestone. This layer is right below the surface. As the water continues to move through the small holes found in limestone, the holes enlarge and the rock eventually dissolves. In extreme cases, a sinkhole can grow 40 to 60 feet deep and wide.

Part of the reason for the surge in sinkhole claims is due in large part to the recent explosion in real estate development throughout Florida, and especially in South Florida. Over development has left the ground susceptible to sinkholes. Plus, while sinkholes occur in other U.S. states, Florida is more prone to sinkhole related problems because of underground limestone that dissolves under certain conditions, especially in areas that have been over developed, according to many leading geologists.

If you suspect your property is sitting on top of a sinkhole, its your responsibility to immediately notify your insurer. Florida law requires insurance companies to cover damage caused by a sinkhole.

As we've previously discussed, Florida lawmakers passed a new law this past session that required insurers to provide coverage. However, there is a two-year claims deadline (down from five).

So, how would you know if you're property is sitting on a sinkhole? Here are some clues: your neighbors have a sinkhole; cracking in your walls, floor, or pavement; doors or windows no longer closing properly; small hole in your yard; and, small pond formation where water has not collected before.

Given our extensive experience litigating for, and against, insurance companies, our insurance litigation practice group is prepared to provide aggressive, efficient and effective representation on a broad spectrum of insurance claims in Florida for local, national, and international clients. We are prepared to advocate insurance claims at the pre-suit stage, trial, appellate and arbitration levels.

If you are facing a dispute over an insurance claim in Florida, contact Alvarez & Barbara, LLP, for a free and confidential consultation to discuss your rights.

Continue reading "Sinkhole Occurrences Highest in Florida" »

For the past few years insurance companies have given many property owners discounts on their premiums for installing tile roofs.

However, some insurers have stopped giving the discounts because of Florida's complicated new form. For many this means that their insurance premiums may go up few hundred dollars a year.

The new form used by inspectors is based on a 2002 state study that did not examine tile roofs. As a result, the form doesn't mention tile roofs, which are one of the two most common roofs in South Florida. The roofs are especially popular in upscale communities throughout the area.

Some inspectors are going the extra mile and added commentary that the property meets the latest building codes and should qualify for a discount. Nonetheless, some insurers are taking a hardline approach and strictly following the form.

According to research, metal roofs are considered the strongest in hurricane force winds. Concrete tile roofs are second. Although relatively strong, a 2008 study showed that tile roofs led to about 30 percent higher losses for one insurer because they are more expensive to repair and replace. A FEMA studied showed, however, that tile roofs do a better job of keeping water out of homes. Water damage is more expensive to fix than a roof alone.

We've all heard about the recent property insurance law changes and the end/cutback of these discounts is a result of that new law. For example, some inspectors are erring on the side of caution when it comes to the grey areas on the form because of a new law that makes it a crime to give unwarranted discounts. It seems like the form needs to be clarified so that policyholders are not cheated out of discounts.

Continue reading "Many Insurance Discounts are Discontinued" »

Hurricane season has been quiet so far. If you were raised in South Florida or have lived here for a few years, you know that hurricanes typically become a major concern in the months of August, September and October. However, that doesn't mean that we won't see a storm in July.

Since 1900 Florida has been struck by three hurricanes in the month of July. The last one happened in 2005 when a category 3 storm struck near Pensacola. On the other hand, numerous tropical storms have struck Florida in July. The last one hit us in 2010.

The reason we don't see many hurricanes striking Florida during this time of year is because of prevailing steering currents that send the storms south or west of Florida. Whenever we do see tropical systems in July they are usually in the Gulf of Mexico because the waters heat up quickly by early summer.

Not only are July storms less common, they are weaker. Since most June and July storms form in the eastern Atlantic they are weaker because they don't have the time to travel across more water. However, during the peak months, the storms tend to be stronger because they develop in the western basin of the Atlantic. This basically gives the storm the whole Atlantic to travel and gain strength.

Although July is a slow month for tropical systems we still need to be prepared. As recently as 2005, three hurricanes developed in the month of July. On this blog, we've taken the time to prepare various posts to make sure our readers properly prepare for a hurricane. Don't just think of the canned food and water. Remember that part of hurricane preparation entails making sure you have all the necessary supplies to survive a hurricane as it strikes, and after, as well to ensure that you have all the necessary information to file an insurance claim in the event your home or business is damaged.

Continue reading "Hurricane Strikes in July are Rare" »