Call Us Today

305-262-4433

Subscribe to our newsletter

Facebook pageFollow us in TwitterLinkedIn ProfileView Author's Justia ProfileGoogle Plus ProfileSubscribe to this blog's RSS feed

 305-262-4443
www.bplegal.com

logos

Oct 04 2010

Florida Gubernatorial Candidates Discuss Private Property Insurance Reform

Posted by Hugo V. Alvarez |

palm trees.jpgRick Scott, the current Republican candidate for Florida Governor, has released his position on the state’s insurance company, according to the Miami Herald. Scott is calling for the government run program to be “actuarially sound.” He is also declaring that Citizens should be turned into the insurer of last resort in the state and for further deregulation of Florida’s insurance markets.

Alex Sink, Scott’s opponent, and current Democrat candidate for Florida Governor, also believes that Citizens needs to become financially sound and should also become the insurer of last resort.

Scott’s campaign stated that because Citizens is currently on shaky financial ground, a major disaster would place taxpayers at financial risk. However, putting Citizens on solid financial ground may require policy holders to pay greater premiums. Senator Mike Fasano, R-New Port Richey, says he was informed back in 2009 that rates would triple for Citizens’ policy holders if the State decided to charge actuarially sound rates.

Sen. Fasano also brought to light a major side effect of making Citizens’ financially sound. Foreclosures are likely to increase with higher insurance premiums, especially in this current real estate climate.

Both Scott and Sink each want to reduce insurance fraud. Specific proposals address insurance fraud issues such as programs designed to provide homeowners with incentives for hurricane-proofing improvements.

Scott’s plan does have its detractors. Democrats argue that his plan is a giveaway to the insurance industry and that Republican contentions that raising insurance rates will ultimately lead to lower rates is ludicrous.

Ultimately, the system does need some sort of change because a major hurricane could have a devastating effect on not only Citizens insurance, but Florida as a whole.
—–
EXTENDED BODY:
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.

Oct 01 2010

South Florida Homeowner Claims for Hurricane Wilma Damage due by Oct. 24 – Consult an Attorney before Filing

Posted by Hugo V. Alvarez |

The South Florida Sun-Sentinel is reporting that the deadline to file an insurance claim for damage caused by Hurricane Wilma is Oct. 24.

That’s the five-year anniversary of Hurricane Wilma and will also trigger Florida’s five-year statute of limitations to file a lawsuit for property insurance claims. Our Miami insurance claims lawyers offer free consultations to anyone who is struggling to be justly compensated for hurricane or other storm-related damage in South Florida.
Thumbnail image for 432689_palm_tree.jpg
Michael Barry, vice president of media relations for the Insurance Information Institute, said “some insurers, depending on their policy language, may be willing to review a claim filed beyond the five-year deadline.”

We say, “don’t count on it.” Your window is just about closed when it comes to seeking the compensation you deserve for South Florida’s last major hurricane. If you have not done so by now, you should consult an attorney immediately, any claims filed or resubmitted at this point will likely miss the deadline if and when the claim is denied. Many claims have been delayed because insurance companies have told homeowners that damages didn’t meet deductibles or were otherwise ineligible. In other cases, homeowners may have accepted inadequate payment, not realizing the extent of the damage.

Insurers paid out about $9.2 billion on more than 1 million Wilma claims made by homeowners, business owners and automobile owners, according to the Property Casualty Insurers Association of America.

Never ones to rest when a better deal might be had by greasing the political machine in Tallahassee, representatives of the insurance industry backed legislation this year that shortened the time allowed to file windstorm claims to three years. Lawmakers obliged by passing the measure but it was vetoed by Gov. Crist.
—–
EXTENDED BODY:
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.

Sep 29 2010

October-November, No Time to Forget about the Risks of Hurricanes and Storm Damage in South Florida

Posted by Hugo V. Alvarez |

The South Florida hurricane season is nowhere close to being over, and residents need to remain vigilant even as they turn their attention toward fall and the upcoming tourist season, the Sun-Sentinel reports.

Our Miami storm damage attorneys have provided a number of resources for homeowners on our Florida Insurance Claims Lawyer Blog, including tips on preparing for a hurricane in South Florida.
569818_tormenta_tropical.jpg
As we head into fall, residents too often put concerns about hurricanes behind them. In realty, this past week — Tuesday Sept. 21, to be exact — was the midpoint of hurricane season In South Florida. Since records began in 1851, 20 hurricanes have struck the area before that date, and 21 have struck after.

“Basically, this means that October is still busy for us, while activity quiets down in other parts of the Atlantic basin,” said meteorologist Robert Molleda of the National Weather Service.

In fact, October has been South Florida’s most active month in terms of hurricanes, with 19 striking the area in the last 159 years. September saw the second-highest number, with 15.

Memorable hurricanes in October include Hurricane Wilma in 2005, Hurricane Irene in 1999 and Hurricane King in 1950.

In August, famed hurricane prognosticator William Gray predicted 18 named storms, including 10 hurricanes and 5 major hurricanes this season. NOAA called for 20 named storms, including 12 hurricanes, six of which would be major hurricanes. Tropical Storm Lisa’s formation on Tuesday puts the season’s current count at 12 named storms, including six hurricanes, five of which have been classified as intense.

In October, the Atlantic hurricane season does begin to wane, but storms are more likely to form in the warm waters of the Caribbean. The official end to the hurricane season is Nov. 30, although storms are still likely to form in November and even into December.
—–
EXTENDED BODY:
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.
—–

Sep 24 2010

South Florida homeowners to pay more for Citizen’s Insurance; Solvency Questioned in the Event of Major Hurricane

Posted by Hugo V. Alvarez |

Florida’s state-backed property insurer, Citizen’s Property Insurance Corp., received approval on Thursday to raise rates an average of 10.3 percent for Florida homeowners, Businessweek reported.

As our Miami insurance dispute attorneys reported earlier this week on our Florida Insurance Claim Lawyer Blog, private insurers fled coastal areas in the wake of Hurricane Katrina. Florida’s busy 2004 and 2005 hurricane seasons also narrowed the field, turning Citizens Insurance, which had been the state-backed insurer of last resort, into one of the state’s primary property insurers.
1017166__cloudy_sky_4.jpg
And, while it insures $433 billion in property, it is sitting on just $10.5 billion in cash reserves and reinsurance. Citizens is now the state’s largest insurer with 1.2 million policies.

Lawmakers continue to struggle with ways to shift homeowners out of Citizens and back into the private insurance market. But one thing is certain: There is very likely to be big trouble collecting from Citizens in the event of a major hurricane.

The Sun-Sentinel reports that the state’s office of Insurance Regulation approved larger increases than Citizens had requested.

The increase comes after the insurer raised rates an average of 12 percent this year in parts of Broward and Palm Beach counties.
—–
EXTENDED BODY:
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.

Sep 23 2010

Florida Hurricane Damages Costs Millions of Dollars to Insurance Companies

Posted by Hugo V. Alvarez |

hurricane damage.jpgThe USA TODAY reports that if a major hurricane were to hit coastal communities, its devastating financial effects could reach far beyond those who actually incur damages.

After Hurricane Katrina, private insurers fled coastal areas, including Florida, which caused many states to expand their own insurance companies. For instance, in Florida we have seen the recent expansion of Citizens Insurance despite the legislative’s mandate that it be the insurer of last resort. Nonetheless, much of the legislation that either created or expanded these state-owned insurance companies, such as Citizens herein Florida, contain provisions allowing states to enforce large surcharges on other insurance companies and on other policyholders.

But why would the State of Florida need to enforce such a surcharge? Here are some facts: Citizens, Florida’s insurance plan, currently insures property worth $433 billion. However, Citizens only has $10.5 billion in cash reserves and reinsurance, which in simple terms is insurance for insurance companies whenever they have to make a big payout.

Simple math tells us Florida’s insurance plan is vastly underfunded. If a large hurricane were to hit Florida, surcharges are almost a certainty. Plus, these surcharges can be levied on almost any insurance policy, including auto, property, and liability insurance.

According to FEMA Administrator, Craig Fugate, “If [Florida] [has] a major hurricane such as Andrew, they’re going to be in a lot of trouble.”

Therefore, it is important that you check the financial strength of your insurance companies, especially now during the height of hurricane season.
—–
EXTENDED BODY:
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.

Aug 25 2010

Miami homeowners should check financial strength of their insurance companies as area enters height of storm season

Posted by Hugo V. Alvarez |

A pair of hurricanes are forming in the Atlantic as South Florida enters the height of storm season.

Danielle is the second Atlantic hurricane of the year. The Category 2 storm is expected to strengthen in the next couple days and could become a major hurricane. It is still more than 1,000 miles southeast of Miami.

Meanwhile, the Miami Herald reports that the financial strength of Castle Key Insurance, and Castle Key Indemnity has been lowered to a B-, meaning the company could have trouble paying claims in the event of a major hurricane. A subsidiary of Allstate Insurance, the company is said to have significant exposure to hurricanes and relies heavily on the Florida Hurricane Catastrophe Fund for reinsurance.

Knowing the financial strength of your insurance company is an important consideration when choosing a homeowner’s insurance policy. Those dealing with a significant claim should always consult a Miami insurance claims lawyer to help ensure their rights are protected through what can be a needlessly complex, complicated and intimidating process.

NBC2 reports that Hurricane Danielle is moving west-northwest through the Atlantic and could brush Bermuda by this weekend. On Wednesday, sustained winds were recorded at 85 mph.

Forecasters are also tracking Tropical Depression 7 off the coast of Africa, which is expected to be Hurricane Earl by next week.

Neither storm is currently forecast to be a threat to the Florida coast. But both are a reminder to residents that we are in the height of what is expected to be a busy hurricane season.
—–
EXTENDED BODY:
If you are facing a Florida insurance dispute, contact Alvarez & Barbara, LLP toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.

Aug 01 2010

Miami is State’s Most Vulnerable Area for Hurricane Damage, according to Study

Posted by Hugo V. Alvarez |

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.
381910_katrina_15.jpg
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
—–
EXTENDED BODY:
If you are facing a dispute over an insurance claim in South Florida, contact Alvarez & Barbara, LLP toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.

Jul 19 2010

Tropical Storm Bonnie Passes Through South Florida Without Incident

Posted by Hugo V. Alvarez |

palm tree blowing.jpgTropical Storm Bonnie’s center made landfall in Cutler Bay, about 20 miles south of Miami, at about 11 a.m. today. The storm was characterized mostly by strong winds and heavy rain for most of the morning, and early afternoon.

The worst of the storm has now passed Miami, and the storm will soon enter the Gulf of Mexico. The storm is expected to strengthen as it moves into the Gulf of Mexico.

All tropical storm warnings for South Florida, the Florida Keys, and the Bahamas, have been lifted. At Virginia Key, sustained winds were measured at 41 mph with gusts as high as 58 mph according to the National Weather Service in Miami.

While this storm proved to be a non-event for South Florida, it did allow us to ensure that we are prepared for hurricane season. This hurricane season promises to be an active one, and Miami was recently listed as to the top city in the country that is long overdue for a major hurricane strike. Miami has not been hit by a major hurricane since 1992 when Hurricane Andrew made landfall, and has not been hit by any hurricane since Hurricane Wilma made landfall in October of 2005. Therefore, it is important to be prepared during hurricane season.

Our Miami insurance dispute attorneys encourage residents to review whether or not they are prepared for the hurricane season. While South Florida has gotten a pass thus far this summer, serious storms, including the threat of tropical storms or hurricanes, will become soon become commonplace in the months ahead. And while Tropical Storm Bonnie was mostly a non-event causing little to no damage, the same may not be the case for the next storm.

Jul 19 2010

Bonnie Earns Respect with her Name; Dangers of Severe Weather Present Regardless of Storm’s Rating

Posted by Hugo V. Alvarez |

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.
381901_katrina_8.jpg
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.

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

May 26 2010

Hurricane Season is Upon Us – Are You Prepared?

Posted by Hugo V. Alvarez |

hurricane2_thumb.jpgAnother 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.

Visit Our Other Blogs

logo-miami-resort-injury-lawyer

 

 

miami-real-estate-attorney-blog-footer-logo

Contact Us

No Fields Found.

Recent Entries

Florida Business Litigation Attorney
rated by Super Lawyers