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Alberto? Beryl? Chris? Debby? Our Firm Stands Ready to Help Miami Homeowners if a Named Storm Strikes South Florida

So far this year there have been four named storms, including one hurricane and three tropical storms. Any of these storms are strong enough to do significant damage. However, none of them reached South Florida.

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.
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Storms so far in 2012 have included:
-Tropical Storm Alberto: Reached speeds of 60 mph and one of the earliest named storms in recent history having formed before the official start of hurricane season.
-Tropical Storm Beryl: Speeds of 70 mph. Beryl made landfall in Jacksonville Beach, Florida. It was the strongest landfall in the United States for any pre-season Atlantic tropical cyclone on record.
-Hurricane Chris: The first hurricane of the season reaching strength of 75 mph.
-Tropical Storm Debby: Reached speeds of 60 mph and dumped a ton of rain on Tampa and Jacksonville.

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 2012 are:

  • Alberto
  • Beryl
  • Chris
  • Debby
  • Ernesto
  • Florence
  • Gordon
  • Helene
  • Isaac
  • Joyce
  • Kirk
  • Leslie
  • Michael
  • Nadine
  • Oscar
  • Patty
  • Rafael
  • Sandy
  • Tony
  • Valerie
  • William

Tips to Restore Your Hurricane Insurance Discounts

Alvarez & Barbara, LLP - Panels.jpgBuying and owning a home, for many of us, is the most significant investment we will make in our lives. It will likely also be one of the costliest ones too.

Therefore, when we make that investment we want to make sure that the investment won’t turn sour. It is of paramount importance that the home we purchased is strong and sturdy enough to protect us from a significant hurricane.

South Florida’s building codes were significantly re-vamped following Hurricane Andrew in 1992 and tweaked again following the active hurricane seasons in 2004 and 2005. The local building codes were revised to ensure that our homes would remain standing in the event of a hurricane strike.

But these building code advancements did not come without added costs to our homes. In fact, some of the advancements added to the costs of building a home to withstand a hurricane.

As such, our Florida legislators devised a statutory scheme that would permit a home owner to secure discounts for their homeowners insurance coverage if they home met certain criteria.

Indeed, our legislators enacted Florida Statute § 627.711 which requires property insurers to clearly identify and explain discounts available on the policies they sell if a property meets hurricane mitigation requirements.

The State of Florida, however, has discontinued the popular program that aided property owners to secure discounts on their homeowners insurance policy. But many homeowners may still qualify for the discounts even without the state’s assistance.

Here are some tips to follow if you think your insurance company revoked legitimate discounts for strengthening your home against hurricanes.

1. Compare Forms. If your first inspection was done prior to 2009, and the second one was done after 2009, then that will likely explain the issue. The forms recently changed.

2. Keep Documentation. Keep copies of all documentation regarding any and all work performed.

3. Contact the Original Inspector. The inspector that performed the original inspection may be able to assist you in securing the discount today.

4. Use a licensed contractor to perform any work required to strengthen your home.

These tips will help you in making your home stronger. This will help you in the event of a significant hurricane striking Florida. If the work is done properly, it may even qualify you for additional insurance discounts on your insurance premium.

So be sure to check with your insurance company and ask them what discounts are applied and how you can go about securing those discounts.

Home Insurance Prices Keep Going Up Despite the Decline in Property Values

3220915274_man20handing20money20to20you_xlarge.jpegThe past few years has seen the real estate market collapse. Home values have declined by greater than 50% in many markets throughout Florida, and especially here in South Florida.

Yet despite those declining values, many home owners have seen their home insurance rates rise in recent years. Despite the decrease in home values, many insurance companies are requiring homeowners to carry greater values in home insurance than the home is actually worth in today’s market.

For instance, a home may be worth say $200,000 in today’s market. But many insurance companies, including Citizens, may require that homeowner to purchase insurance regarding the replacement value of that home that is far greater than the home is worth. Such values may even be as high as $300,000 despite the fact that the home is only worth say $200,000 in today’s market.

It seems that the insurance companies are greatly exaggerating the cost to replace a home following a disaster. Especially in light of our declining real market.

The only conclusion that can be reached is that insurance companies are using the increased replacement costs values as a back door method to secure greater rate increases above and beyond the rate increases that were already approved just a few months ago. The below news report video discusses that in greater detail.

Not surprisingly, the insurance companies see nothing wrong with requiring home owners to purchase the replacement value coverage for their homes at values that are in some instances twice as much as what the home is actually worth. They deem such rate increases as “necessary and proper.”

Of course, the fact that Florida has not been hit by a hurricane in a record 6 straight years did not lessen the need for insurance companies to further raise insurance rates. Their reserves are teetering on dangerously low levels that could spill heartache and frustration for many homeowners should Florida experience another hurricane season like the ones in 2004 and 2005.


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If you are in doubt regarding your legal rights under the insurance policy, or you are in need of assistance with your insurance claim, please feel free to call us today to discuss your claim.

Lawsuit Filed Challenging the Constitutionality of Laws Passed by Florida Legislators that Help Insurance Companies Raise the Rates of Homeowners Insurance While Preventing Small Businesses from Competing in the Marketplace to Aid Homeowners in Need

lawsuit.jpgLast year our Florida legislators decided to restrict the ability of many small businesses in the State of Florida from earning a decent wage, and restricting their ability to market their services. Our legislators sided with the insurance companies over hard working Floridians still feeling the effects of the worst recession of our generation.

On the other hand, our legislators made it easier for insurance companies to raise the rates of your homeowners policy despite the unprecedented run of 6 straight years without a hurricane strike in the State of Florida. Indeed, insurance rates are going up for Floridians despite a record 6 Hurricane free years.

Insurance companies are raising rates, and our legislators have made it easier for them to raise rates, because insurance companies have complained for years that public adjusters are simply getting too much money from the insurance companies when they submit a claim as opposed to what they pay when a homeowner submits a claim without the assistance of a public adjuster.

As part of a sweeping law that Florida’s legislators passed, public adjusters who represent Citizens policy holders are prohibited from getting paid for their services until Citizens actually makes an offer. The law also limits what public adjusters can charge after that initial offered is received.

Public adjusters are hired by policyholders to prepare, file or complete claims. The new law restricts fees for public adjusters representing Citizens policyholders to 10 percent over the original amount the insurer offered for a claim.

A lawsuit was recently filed challenging that law. One of the reasons for the challenge is that the law in question is vague. It is vague because the law does not define an “original offer.” However, Citizens has apparently taken the position it is a written offer after the insurer has adjusted and investigated the claim.

In other words, the law does not permit public adjusters to get paid for performing inherent and necessary tasks until Citizens has made a nebulous, vague and undefined “original offer.”

The same law also restricts and caps the fees a public adjuster can charge for their services on claims involving Citizens. But those restrictions on fees do not apply to claims against other insurance companies.
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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.

Home Insurance Rates are Rising Despite a Record 6 Hurricane Free Years and Recently Enacted Legislation that was Supposed to Make Insurance More Affordable for Floridians

Landlord-Insurance-Florida.jpgAs we noted in this blog, Governor Rick Scott signed into law a piece of legislation that changes many aspects of property damage claims, and that also makes it easier for insurance companies to raise your property insurance rates in the years to come.

Well, the time has come. Insurance companies are raising your rates.

The rates are going up despite the insurance companies getting their wish list enacted by an insurance friendly Governor to help them make consumer claims more difficult to make, but yet those same insurance companies reap the benefits of higher insurance premiums.

State insurance regulators approved more than two dozen home insurance rate hikes ranging from 6 to 34 percent.

American Integrity Insurance Co. of Florida, which has 102,091 home insurance policies statewide and 13,575 in Broward, Palm Beach and Miami-Dade counties, received 14 percent increases for two types of homeowner insurance policies it offers. Security First Insurance, with 119,205 policies statewide and 21,025 in South Florida, received a 9 percent increase for its homeowners multi-peril policies. And Universal Insurance Co. of North America, which has 81,834 policies statewide and 11,420 in South Florida, received a 12 percent increase for its homeowner property insurance policies.

And then there is Citizens. The sate’s insurer of last resort. State regulators approved an average 6 percent statewide rate hike for Citizens Property Insurance’s homeowners policies – which include coverage for homes, condominiums and renters – and 9 percent for rental and vacation home policies.

Premiums for most parts of South Florida will increase next year by up to 10 percent. Fortunately, this is significantly lower than the proposed 25% rate increase Citizens was hoping to get.

Why Are Insurance Rates Going Up?

Despite a record 6 straight years without a hurricane strike in Florida, and the passing of sweeping insurance reforms, insurance companies are still raising rates at a blistering pace.

Insurance companies are of course companies driven by profit. They also have to manage their books to ensure that enough money is in reserve in the event a major hurricane does strike Florida.

However, regulators and consumer advocates have said that Florida insurers could bolster their claims-paying reserves during hurricane-free years if they spent less of the premiums they collect on contractors, sometimes affiliated companies, to manage daily operations; if they lowered other overhead costs such as advertising; or issued smaller dividends.
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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.

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

rain_fall.jpgSouth 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.
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Consider Your Options. Contact Us Today.

If you are facing a dispute over an insurance claim in Florida, contact Alvarez & Barbara, LLP at 305-263-7700 or toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.

Thirty Five Florida Property Insurers are Given a Low Grade as Insurance Rates Continue to Increase

images.jpgAccording to recent news reports, the number of troubled property and casualty insurers in Florida is growing.

Thirty Five (35) insurers in Florida were given a grade of D or F. That is up from 29 with poor grades on December 31. And one of those companies – Argus Fire and Casualty Insurance Company – has since closed its doors for business by Florida regulators.

Surprisingly, State Farm Florida Insurance Company had a D rating. It is surprising because State Farm is one of the largest insurers in the State of Florida. Also, and despite not having a storm hit Florida in over 5 years, and having $221 million in net premiums, State Farm lost $27 million.

Universal Property & Casualty Insurance was the largest insurer rated E+. It had $18.1 million in net premiums in the second quarter and earned $3.4 million. Meanwhile, Sunshine State Insurance Company was the only insurer in Florida that earned an E rating.

On the other end of the spectrum, Citizens earned an A+ rating. American Family Home Insurance Company and American Strategic Insurance Co. each earned B+ ratings.

These figures are surprising since Florida has not experienced a direct hit by a hurricane in years, and Florida has dodged a major loss event in the past few years as well. Yet despite years of dodging a major hurricane, few insurance companies have managed to build up sizeable reserves.

It is very concerning that in the wake of record increases to homeowners’s insurance rates throughout the State of Florida, coupled with the lack of a significant event in the past several years, that so many insurance companies are still not financially healthy. Indeed, Allstate was requesting rate hikes in excess of 30%. Should Florida be hit with a major storm it may result in many insurance companies going out of business.

Additionally, the many changes that were recently passed into law with the promise of lowering insurance rates and strengthening the insurance companies have not come to fruition.
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Consider Your Options. Contact Us Today.

If you are facing a dispute over an insurance claim in Florida, contact Alvarez & Barbara, LLP at 305-263-7700 or toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.

Allstate Proposes Rate Increase in Excess of 30% for Florida Homeowners Insurance Polices

61841920_25ce9a2deb.jpgTwo 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.

Understanding Your Insurance Coverage: Do You Know if You’re Covered Should Disaster Strike Florida?

insurance1.jpgIn the past few weeks, we have seen homes destroyed throughout the country due to the recent ravaging rage of tornado strikes.

Unfortunately, many of those homeowners will soon discover that their insurance won’t cover all of their rebuilding cost. The good news, however, is that the typical homeowners insurance policy does cover tornado damage. But as will be discussed below, it may not be enough. And that should serve as a cautionary tale for all of us residing in Florida as hurricane season gets under way while also serving as a reminder to check our insurance policy now, while also checking on the financial strength of the insurance company providing insurance coverage.

Other natural disasters, such as slides and earthquakes, are not typically covered under the standard insurance policy. But while 96% of homeowners have insurance, 64% of homes are undervalued for insurance purposes.

Therefore, with hurricane season upon us, it is critical that all homeowners in the state of Florida review their insurance policies for purposes of understanding exactly what coverages they have purchased. A typical homeowners policy will generally provide coverage that falls into the following three categories.

Replacement cost. This covers the cost of repairing or replacing your home, based on a set dollar amount. However, one of the problems with this coverage is that it often times does not reflect the increase in the cost of construction and labor since you took out your policy in your community. If your community is destroyed by a natural disaster, then that means that there could be higher demand for such construction and labor needs, and that will inevitably push up the cost of repairing and replacing your home.

Extended replacement cost. Here, the insurance company agrees to pay a certain percentage above the replacement cost to account for inflation. So, for instance, if your replacement cost coverage is $250,000, extended replacement cost coverage will pay up to 120% of that, or $300,000. However, even with that additional percentage of coverage afforded for purposes of assisting and paying for the replacement cost, if you have not adjusted your numbers in sometime, you may still fall short in the event of a catastrophic disaster.

Guaranteed Replacement Cost. This coverage will pay the total cost of replacing your home no matter how much prices have increased since you took out the insurance policy. However, not only of this type of coverage more expensive, it is also very difficult to fix your from an insurance company. The reason being is that insurance companies want to control their cost, and this type of coverage may permit the cost to spiral out of control. Paying for your lost or damaged items.

Replacing Your Stuff. Most insurance policies cover lost or damaged items. Typical coverage ranges from 50% to 70% of the amount of insurance you have on the structure of your home.

For instance, if your insurance policy provides up to $250,000 to rebuild your home, you can get an additional $125,000-$175,000 to replace your belongings. Moreover, you can also insure your belongings for the actual cash value, or the replacement cost.

The actual cash value coverage means that if you lost your 10 -year-old TV to a natural disaster, then you will be compensated the amount of money that your 10 -year-old TV set is worth today.

On the other hand, replacement coverage, while generally more expensive, is often times worth the additional premium cost. The reason being that if you lost your 10 year old TV then you would be entitled to receive new money today that would allow you to purchase a new TV today.

Florida’s Property Insurers are on Shaky Financial Ground as Hurricane Season Gets Underway

insurance.jpgWith hurricane season upon us, it is important to check to the financial strength of your property insurer. The reason for that is because a major storm could wipe out more than your home – it could wipe out an insurance company too.

Weiss Ratings, a company which studies the financial strength of property insurers in Florida, released its grades for property and casualty insurers. Weiss rated 29 Florida insurers as having a low financial strength rating. This means that about a quarter of the state’s private insures are in danger of being wiped out by a major hurricane.

One of the companies that received a low rating was State Farm Florida Insurance Co. State Farm is the state’s second largest insurer with $888 million in homeowner premiums. However, in 2010 it lost $66.2 million. The third-largest insurer, Universal Property and Casualty, was also given a low rating.

Currently, Florida law mandates that property and casualty insurers keep at least $5 million in capital. The recently passed insurance reform law will raise that requirement to $10 million in 2016 and $15 million in 2021.

However, hurricane season has already started. So take the time to look at your property insurer to determine whether your insurer is in good financial health. In the event of major storm, you don’t want to be stuck with an insurance company that is going broke as it will negatively impact your claim. Worse, it could leave you in a position where you will be unable to fully recover money for repairs that you are entitled to receive despite the fact that you paid your premiums.
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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.

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