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. " »

This past weekend was essentially a big wash out for South Florida. Many in Miami-Dade County and Broward county experienced terrible weather. Consequently, the heavy rains caused some flash flooding in many areas throughout South Florida as a result of seeing as much as 6 inches of rain in some areas.

The heavy rains may have also caused water 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 just experienced this past weekend may result in some form of damage to your property.

Did you know that water damage is one of the most commonly cited reasons in claims on home insurance? This should not come as a total surprise considering the many possible causes of water damage - heavy rain, bursting of pipes, and the bathtub accidentally overflowing.

Despite the fact that water damage is a common claim, not all claims for damages due to similar causes will be paid by insurance companies. In fact, claiming on home insurance against water damage can be complicated, and tricky. If you have sustained damage to your property as a result of the recent heavy downpour, then you should contact our office today for a consultation regarding your potential claim.

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 "Did the Heavy Weekend Rains Damage your Home or Property?" »

Coming home to find a busted pipe has flooded your home is one of the biggest disasters a homeowner can face. Being mistreated by your insurance company can add insult to injury and can cost a South Florida homeowner tens of thousands of dollars.

Our Miami insurance dispute lawyers handle busted pipe claims for homeowners. Our attorneys represented insurance companies before 2006, when we opened a firm dedicated to fighting for the rights of consumers. We understand how insurance companies work. And we have the knowledge and experience necessary to represent homeowners in disputes over an insurance claim.

In some cases, an insurance company may try to claim a busted pipe claim is not covered because it falls under flood insurance. In other cases, the insurer may claim negligence, Act of God or any other means at its disposal to deny a claim and discourage a homeowner from re-filing. The reality is that, aside from a fire, hurricane or other disaster, busted pipe claims can be among the most costly for an insurer to pay.

A homeowner's failure to pursue a claim can leave a property in severe distress. Aside from the immediate problems, future mold and mildew issues can even render a house unsellable and can have a devastating impact on the long-term financial well-being of you and your family. Depending on the severity of flooding, it may even compromise a home's foundation or otherwise make it structurally unsound.

In still other cases, a water main or other outdoor pipe may bust, thereby flooding your property. In such cases, an adjacent homeowner, city or municipality may be responsible for making you whole. Such circumstances may not alleviate your homeowner's insurance of responsibility -- the insurer may need to pay your claim and then pursue the at-fault party.

In any of the above circumstances, a bad-faith insurance claim may be brought if it is determined that your insurance company is not treating you fairly and in accordance with its obligations as determined by your insurance policy. If bad-faith on the part of an insurance company is proven, the policy limits can become irrelevant and an insurance company can be liable for the entire amount of damages allowed by law or ordered by a jury verdict.

In theory, the threat of limitless damages under bad-faith law is meant to keep insurance companies honest. In reality, as is so often the case, it only matters if you consult with an attorney who has the knowledge, experience and ability to enforce the law and protect your rights.

Conversely, it is incumbent upon the homeowner to understand policy limits as it relates to water damage, mold contamination and other issues. Frequently, insurers are excluding mold coverage altogether. Often, additional coverage can be purchased for a modest sum if a homeowner takes the time to determine what coverage is needed to protect against such eventualities.

While insurance companies may exclude sewer backups on some standard policies (coverage can be added in most cases for a modest sum), damage caused by broken pipes is typically covered. However, the devil is often in the details. An insurance company may refuse to pay for the pipe repair, citing normal wear and tear or maintenance clauses or exclusions. Damage in a house left unlivable may not be covered to the extent it is caused by a delay in fixing the problem. And, as previously discussed, mold and mildew is an entirely separate issue upon which whole books could be written.

Continue reading "Burst Pipe Insurance Claims Can Be A Nightmare For Miami Homeowners" »

So far this year there have been three named storms and two tropical depressions. Any of these storms are strong enough to do significant damage. However, only Bonnie reached South Florida and her impact was minimal.

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.

Storms so far in 2010 have included:
-Hurricane Alex: Reached speeds of 100 mph and made landfall in Mexico.
-Tropical Depression Two: Speeds of 35 mph and followed Alex's path into Mexico.
-Tropical Storm Bonnie: The only real threat so far to South Florida, she reached speeds of 40 mph.
-Tropical Storm Colin: Reached speeds of 60 mph in the mid-Atlantic but never threatened land.
-Tropical Depression 5: Formed off Southwest Florida and wandered through the Gulf of Mexico before breaking apart.

Our Miami hurricane damage lawyers urge you to take the South Florida hurricane season seriously and properly prepare for the safety of you and your family. Our staff will be available around the clock in the event of a serious storm and can assist you in filing claims or handling disputes with your insurance carrier.

Storms are named in order of the alphabet each year, except for the letters q, u, x, y, and z, which are omitted. Whenever a storm causes serious damage, like Wilma or Katrina, the name is retired and replaced.

Names for 2010 are:

Alex
Bonnie
Colin
Danielle
Earl
Fiona
Gaston
Hermine
Igor
Julia
Karl
Lisa
Matthew
Nicole
Otto
Paula
Richard
Shary
Tomas
Virginie
Walter

Continue reading "Danielle? Earl? Fiona? Our Firm Stands Ready to Help Miami Homeowners if a Named Storm Strikes South Florida" »

A Florida Congresswoman is among those supporting a five-year extension of federal flood insurance in an effort to return some stability to the volatile coastal insurance markets.

Congresswoman Ileana Ros-Lehtinen supports the Flood Insurance Reform Priorities Act, which would extend federal flood insurance for five years. Recently, the act has been extended for just a few months at a time, causing much instability in coastal housing markets.

The issue of flood insurance can leave South Florida homeowner's with huge headaches. Homes determined to be in a flood plain are required to have flood insurance in addition to a regular homeowner's insurance policy. FEMA flood maps, which were recently updated, appear to have been drawn by a drunken surveyor instead of the state-of-the-art surveying equipment available to the government. And now the government is making the required insurance available only in sporadic fits and starts due to the usual political merry-go-round in Washington.

But where homeowners are frequently hurt is when an insurance company attempts to blame storm damage on flooding, thereby relieving themselves of the obligation to pay. This was common after Hurricane Katrina, when insurance companies decided they would pay for missing roofs, but not homes destroyed by the resulting water damage. A Miami insurance claims lawyer should always be called to handle significant damage claims. Accepting partial claims and signing waivers or other paperwork are just two ways a homeowner can quickly find themselves in trouble when dealing with an insurance company.

About 90 percent of all flood insurance nationwide is provided through the government's program and nearly half of those policies are held in Florida. The gaps in coverage have left Florida homeowners unable to close sales on properties, the Sun-Sentinel reported.

"Prospective homebuyers must be given the assurance that they can buy and sell without worrying about the unpredictability of availability of flood insurance," said Ros-Lehtinen. "This bill presents a positive step in regaining confidence in South Florida's beleaguered housing market."

In some cases, those with existing policies have also been unable to renew their coverage during recent lapses in the government's insurance program. The 5-year extension has passed the House and moves on to the Senate, where its fate remains uncertain.

In all, the government's flood insurance program covers 5.6 million properties valued at $1.2 trillion.

Continue reading "Flood insurance Critical in South Florida Coastal Regions but can Complicate Claims " »

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.