Florida Insurance Claim Lawyer Blog

South Floridians have not seen the sun in days due to all this rain. It has been raining non-stop in South Florida since the weekend.

The consistent and persistent rain that has been hounding South Florida over the past several days has taken its toll. The ground is saturated and there are puddles and standing water nearly everywhere.

There is also the potential for widespread flooding and a flood advisory is in effect for the Florida Keys extending into the South Florida mainland.

Given the uncertain weather conditions, we could find development of isolated tornadoes and waterspouts.

Weather reports indicate that Wednesday should be the last day of all this nasty wet and wild weather for South Florida. An approaching cold front will push all of this moisture away and bring cooler temperatures.

The heavy rains, flash flooding, and tornadoes, may have also caused damage to your property. Water damage is one of the most commonly cited reasons in claims on home insurance. After heavy rains such as the ones we are experiencing currently, and experienced a few weekends ago, may result in some form of damage to your property.

The first signs of water damage might seem trivial. But warnings like water stains on the ceilings or a leak under the kitchen sink can lead to real problems, like a weakened roof or rotten floorboards. A burst pipe can even damage your furniture and other personal possessions.

Continue reading "Rain Rain Go Away. Has All This Rain Caused Damage To Your Roof, Property, or Business? Call Us Today To Discuss. " »

The National Weather Service estimates that weather disasters have cost more than $35 billion this year, based on insurance estimates.

This year has seen some very harsh weather. The year has seen intense floods, drought and tornadoes. In May, a twister killed 160 people in Joplin, Mo. and in April a devastating tornado ripped through Alabama. Texas has been hard hit by a heat wave that will cost the state in excess of five billion dollars in crop and livestock loss.

Nationwide, the number of natural disasters has tripled in the last two decades, according to insurance firm Munich Reinsurance America. Thunderstorm losses since 1980 have become five times more severe, on average. There were $20 billion in such losses by midyear in 2011, doubling the average of the past three years.

In sum, 2011 will go down in history as one of the costliest years in recent years as a result of natural disasters.

Closer to home, we are still in the middle of hurricane season. While South Florida has not been struck by a hurricane in five years, history suggests that it is only a matter of time before another hurricane does strike us. If a hurricane does strike South Florida, it is likely to cause extensive damage to the region.

As such, it is imperative to be prepared. This blog has many useful links to learn more about what you can do to prepare in advance of a hurricane's arrival, and how to deal with a hurricane's aftermath.

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.

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.

Hurricane Katrina hit the South Florida coast five years ago, before cruising through the Gulf and becoming a Category 5 monster that slammed into New Orleans.

Despite its small stature when it hit Florida, Hurricane Katrina left significant damage in her wake. Her story is a timely reminder to South Florida homeowners to take all tropical storms and hurricanes seriously, to remain prepared through the height of storm season, and to seek the advice of an experienced Miami storm damage attorney for help in filing significant claims for hurricane damage.

While the storm will be forever remembered as the most devastating natural disaster to ever strike the Gulf Coast, it hit first just north of the Broward-Miami-Dade County line about 7 p.m. At the time, it was a poorly organized Category 1 storm with winds of about 80 miles per hour. Still, it was the first time the center of a hurricane moved across Broward County since Hurricane Cleo in 1964, according to the Sun-Sentinel.

And it killed 14 people in Florida and caused extensive property damage. A highway flyover collapsed on I-595 in Miami-Dade and more than 1 million homes and businesses were left without power.

It cruised off the southern tip of the state near Naples and into the Gulf of Mexico the next day, where it quickly strengthened: 100 mph winds on Aug. 26; 115 mph winds on Aug. 27; and 175 mph winds on Aug. 28. It toppled the levees in New Orleans and ran aground near the Louisiana-Mississippi border at about 9 a.m. on Aug. 29.

In all, the storm killed 1,833 people, the third deadliest hurricane in U.S. history. The deadliest storms remain the 1900 hurricane in Galveston and the 1928 hurricane that struck Lake Okeechobee in South Florida.

Our Florida Insurance Claim Lawyer Blog offers safety tips and other advice to prepare you and your family for a hurricane.

Continue reading "Lessons from Hurricane Katrina can help South Florida Residents be Prepared " »

Tropical Storm Bonnie earned respect when she earned her name on Thursday night. 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 Bonnie, 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, 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 "Bonnie Earns Respect with her Name; Dangers of Severe Weather Present Regardless of Storm's Rating" »

Another hurricane season is upon us here in South Florida. The pelting rain. The howling wind. The mad rush of weathermen on both local and national TV. The long lines in the gas stations and food stores.

It is difficult to forget the damage Hurricane Andrew caused to South Florida in 1992, and Hurricane Wilma in 2005. It is just as hard to forget the haunting images of what the residents of New Orleans, and coastal Mississippi went through after Hurricane Katrina made land fall in 2005. These hurricanes, and other smaller storms over the years, caused extensive damage to many properties in Florida, and the Gulf states.

The good news, however, is that with modern technology - and yes, those weatherman that appear constantly on TV - we should have at least 3 to 4 days advance notice of an arriving hurricane. It will be important to use that time wisely.

The most cumbersome part of a hurricane is often the aftermath. For instance, after Hurricane Wilma struck South Florida in 2005 there were many parts of South Florida that was left without electricity for days, and many gas stations that could not dispense fuel for weeks.

Therefore, it becomes important to have a plan in place to deal with hurricanes. And your hurricane preparedness plan should include preparations to address the coming hurricane before it arrives, as it is hitting, and after it makes land fall.

For instance, it will be important for you to take photographs of your property, including vegetation, your roof, personal belongings, etc., prior to the arrival of a hurricane. This will allow you to make the strongest case possible with your insurance company should your property be damaged as a result of the hurricane.

More importantly, you should have ample supplies to last you through the hurricane and beyond. 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
- a carrier or cage
- muzzle and leash

To learn more, please contact our office today.