Florida Insurance Claim Lawyer Blog

According to the Colorado State University's Tropical Meteorlogy Project, we should get ready for a less hectic hurricane season this year due as opposed to years past.

They predict that the 2012 hurricane season will be less active than normal. They also predict that this hurricane season will be close to half as active as last year. Last year we saw 19 named storms. Of those storms, 7 of them turned into hurricanes, and 3 of them turned in major hurricanes measured at Cat 3 or stronger.

However, forecasters Philip Klotzbach and William Gray predict the 2012 season, which begins June 1, will have 4 hurricanes, compared with an average of 6.5 hurricanes between 1981 and 2010, and 10 named storms, compared with an average of 12.

The forecasting duo credit a combination of cooler than normal sea surface temperatures in the tropical Atlantic Ocean and an expected return to El Nino warmer than normal surface water conditions in the eastern and central Pacific Ocean for the reduced tropical storm activity.

Although Florida was again spared in the busy 2012 season, one should not their guard down.

Forecasters don't like to make landfall predictions, but they are able to say that certain areas may be more prone to being hit by a hurricane this year. South Florida, Texas, and the Carolinas are being pinpointed as areas where chances of landfall are greater.

It's certainly frightening to hear that South Florida is at great risk year to be struck by a hurricane, even if there are potentially less hurricanes in total this year. We've been spared over the last few years, but hurricanes are a fact of life in South Florida.

Although this often leads us to brush off hurricanes, it's important to be prepared.

One way of ensuring that you're prepared is to make sure to having everything in place to contact your insurance company in the event of a windstorm because all insureds have a duty to immediately notify an insurers of a loss. Whatever you do, and no matter how slight the damage, call your insurer if your home has been damaged by a windstorm.

However, there are times when immediate notice is still not enough because an insurer will treat their policyholder unfairly by wholly denying a valid claim or by not fully covering their insured's loss. Realizing that most people are unaware of their rights, insurers may take advantage of their policyholders.

If you ever find yourself in a situation where you believe that your insurance company is treating you unfairly, don't hesitate to contact Alvarez & Barbara, LLP. We have considerable experience dealing with insurance companies and working to make sure our clients get what they are owed.

The 2010 hurricane season has officially come to an end with many breathing a sigh of relief. Fortunately, South Florida has gone through another hurricane season where we have not been hit by a storm.

By the numbers, however, this was a monstrous season. Nineteen (19) storms were named this past season, which ranks as the third busiest season on record. Fortunately, the mainland US was able to escape this busy season. The mainland was not hit by a major hurricane strike for the fifth straight year. As South Floridians, we're used to braving powerful storms, but this year we were hardly affected by Tropical Storms Bonnie and Nicole.

According to a spokesperson from the National Hurricane Center, South Florida has never gone more than five years without a major hurricane strike. If South Florida does not get hit by a storm next year, it would set a record. However, we shouldn't bet on setting this record.

This streak of not being hit by storms coincides with a surge in storms. Since 1995, the La Nina weather pattern and warm Atlantic Ocean temperatures have sparked a string of very active seasons. As a result, the season was still deadly, especially in the Caribbean. A hurricane caused widespread flooding and killed at least 20 there and 14 more in St. Lucia. Belize, Mexico, Cuba and Honduras were also struck by storms or hurricanes.

The only parts of the mainland which were affected by any sort of storm were Texas and North Carolina. Tropical Storm Hermine triggered flooding and was blamed for six deaths. Hurricane Earl only brushed the East Coast, but it caused massive flooding in North Carolina.

Our Miami insurance dispute lawyers handle insurance 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.

If you are facing a dispute over an insurance claim in Florida, contact Alvarez & Barbara, LLP toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.

The 2010 hurricane season is almost over. There are only three weeks remaining in the hurricane season this year.

But this hurricane season is already one for the record books, tying for the third most active season with 19 named storms. As this hurricane season comes to a close, it appears as though both Florida and the United States mainland will have again dodged potential catastrophe in that no significant storm made landfall this year.

Indeed, it has been a very fortuities few years for South Florida. History has shown us that past hurricane seasons as busy as this one typically results in at least two named storms and making landfall. For instance, researching records back to 1900 revealed that in five previous seasons with 10 or more hurricanes, at least two named storms made landfall somewhere in the United States. And so far this season, we have seen 19 named storms, none of which has made landfall in the United States.

Therefore, unless something really serious forms in the next three weeks, it would be the 5th year in a row that the United States has a escaped a major hurricane. And so far this year, only Hurricane Earl which brushed the East Coast but caused massive flooding in portions of North Carolina, and Tropical Storm Hermine, which came ashore as a depression and triggered flooding in Texas blamed for at least six deaths, have done any significant damage. South Florida had close calls with Tropical Storm Bonnie and Nicole, but escaped both storms with just rain.

Our Miami insurance dispute lawyers handle insurance 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.

If you are facing a dispute over an insurance claim in Florida, contact Alvarez & Barbara, LLP toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.

The warm bathing waters of the Gulf of Mexico and a La Nina pattern will increase the risk of a serious storm hitting South Florida as we head into the height of hurricane season, the Miami Herald reported.

If you have not already done so, our Miami storm damage attorneys encourage you to make some basic preparations. Even the busiest among us can tackle hurricane preparation in stages, as we suggest on our Florida Insurance Claim Lawyer Blog.

The remainder of this year's hurricane season is likely to be "bad and busy" according to forecasters. The presence of a La Nina pattern and record high water temperatures make the environment about as hurricane friendly as possible. The National Oceanic and Atmospheric Administration predicts a 70 percent change of 14 to 20 named storms through November; thus far this year we have had just three named storms and two other tropical depressions that failed to strengthen.

Eight of the 12 predicted storms could reach hurricane threshold with four to six growing into major hurricanes.

"We're to the period when you start to see these waves rolling off of Africa," NOAA forecaster Gerry Bell told the Herald. "Everything is in place for a really active year."

While NOAA does not make landfall predictions, history indicates a 90 chance of a strike somewhere on the East Coast and an 80 percent chance for Gulf Coast landfall. South Florida has not been hit by a major hurricane since Wilma in 2005 -- a record year that produced 28 named storms and 15 hurricanes.

Water temperatures in the Atlantic Ocean are as high as they have been since 2005. La Nina, which is marked by cool temperatures in the Eastern Pacific Ocean, reduces wind sheer and can make it easier for storms in the Atlantic to form.

Earlier this month, famed hurricane prognosticator Dr. William Gray of Colorado State University predicted 18 named storms, including 10 hurricanes.

Continue reading "Brace Yourself for the Height of South Florida Hurricane Season" »

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" »

Miami is the most vulnerable area in Florida for damage caused by a hurricane, according to a new study released this week by Florida State University.

The Miami Herald reports that the Miami area is the most vulnerable of Florida's 12 population centers. The state capital of Tallahassee is the least vulnerable. Cape Coral is ranked fourth, according to the Fort Myers News-Press.

The Florida State University study used a new Hurricane Risk Calculator to determine that Miami can expect a Category 3 hurricane once every 12 years on average. As we reported on our Florida Insurance Lawyer Blog, Category 3 storms have winds of 111 to 130 mph.

Tallahassee can expect such a storm once every 500 years. Other high-risk areas were Port St. Lucie, Key West and Cape Coral. The Panhandle, Panama City and Pensacola were a bit less susceptible to wind. While Orlando, Tampa and Jacksonville joined Tallahassee as cities that are the least vulnerable.

The list has irritated real estate agents and developers in several of the "at-risk" cities. But the State of Florida is only about 100 miles wide and the reality is that you are paying high insurance rates anywhere in the state because of your risk for a hurricane. In exchange, you expect your insurance company to deal fairly with you in the event that a claim is necessary. Unfortunately, that is not always the case. Our Miami insurance claims lawyers urge anyone faced with filing a significant claim to enlist the help of a qualified attorney.

The university's Hurricane Risk Calculator is a statistic model based on the extreme value theory -- that is a theory used to estimate the occurrence of extreme events such as hurricanes Andrew and Katrina. Researchers used wind speed data from the National Hurricane Center dating back to 1851. The researchers said the risk calculator could provide important information to emergency planners, the insurance industry and homeowners.

They said Florida has sustained more than $450 billion in hurricane damages in the last century.

Florida's top 12 population areas in order of vulnerability:

1. Miami
2. Port St. Lucie
3. Key West
4. Cape Coral
5. Sarasota
6. Pensacola
7. Panama City
8. Daytona Beach
9. Orlando
10. Tampa
11. Jacksonville
12. Tallahassee

Continue reading "Miami is State's Most Vulnerable Area for Hurricane Damage, according to Study" »

Many homeowners are unaware of the significant difference in deductibles their homeowner's policy may carry for wind damage versus hurricane damage. Nor do they realize that a hurricane damage deductible may be triggered by the presence of a storm elsewhere in the state.

Our Miami storm damage attorneys encourage homeowners dealing with significant damage claims to consult our office for a free consultation. Policies can be confusing, often intentionally so, and homeowners cannot always expect to be treated fairly by their insurance company.

As we reported on our Florida Insurance Claim Lawyer Blog, the passage of Tropical Storm Bonnie marks the real beginning of the 2010 South Florida storm season. Understanding your policy deductibles can help you understand your economic exposure in the event of a serious storm. Doing so now may even allow you to make changes. Once the Florida Peninsula falls into the path of a tropical storm or hurricane, it will be too late; polices cannot be issued or changed until after a storm passes.

In general, a homeowner usually has very manageable deductibles for wind damage, often just $500. But hurricane deductibles of 10 percent are common, which would be $20,000 on a $200,000 house.

What even fewer homeowners realize is that an insurance company may apply a hurricane deductible to wind damage that occurs elsewhere in the state. For example, a hurricane in Miami that spawns a tornado in Fort Myers, will result in a hurricane deductible. By law, the issuance of a hurricane watch or warning by the National Weather Service puts all properties in the state under hurricane deductibles.

Additionally, the hurricane deductible is in effect up to 3 days after a storm. When the length of the pre-storm watch is taken into account, homeowners may be subject to hurricane deductibles for nearly a week at a time during the threat of a hurricane.

Continue reading "Miami Homeowners Should Know the Difference between Wind Storm and Hurricane Deductibles" »

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.