Florida Insurance Claim Lawyer Blog - Page 10 of 19 - Insurance claims for property damage in Miami, Florida.

May 19 2014

The 2011 Hurricane Season is Quietly Coming to an End

The 2011 hurricane season was the third busiest on record, with 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.

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 Florida.

The hurricane season began with Arlene, which developed on June 29 in the Gulf of Mexico, and made landfall near Veracruz, causing 25 fatalities, and at least $223 million in damage.

Irene was the lone hurricane to hit the United States in 2011, and the first one to do so since Ike struck southeast Texas in 2008. Irene was also the most significant tropical cyclone to strike the Northeast since Hurricane Bob in 1991.

As this hurricane season comes to a close, it appears as though Florida again dodged potential catastrophe in that no significant storm made landfall this year.

Since hurricane tracking began, South Florida has never previously gone 6 straight years without getting struck by a hurricane. The last hurricane to strike South Florida was Wilma back in October 2005. The last tropical storm to hit South Florida was Bonnie back in July of 2010.
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Our Miami insurance dispute lawyers handle hurricane 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.

May 19 2014

Frying a Turkey? Here are Some Tips to Safely Enjoy a Fried Turkey

Posted by Hugo V. Alvarez |

Frying turkeys during the holidays has recently become very popular all over the country, including right here in South Florida.

The popularity has to do with a number of reasons, including the reduced time needed to cook a turkey in a deep fryer, versus other conventional methods such as an oven or a rotisserie grill.

But another reason it has become so popular, quite simply, is because fried turkey tastes great.

However, with the increased popularity of turkey fryers over the past several years also comes increased risk. Indeed, twice as many cooking related house fires occur on Thanksgiving than on any other day of the year. Not only that, but the fires on Thanksgiving are typically deadlier and more expensive.

While most Americans are counting their blessings, firefighters are putting out nearly 4,300 blazes. On a normal day, 23% of fires take place in residences, but on Thanksgiving, that percentage jumps to 35%. The vast majority of these fires–83%–start on top of the stove or in the oven. These blazes claim more lives than fires on an average day, and cause 25% more property damage.

Additionally, while frying turkeys has become much more prevalent during Thanksgiving, so have the fires associated with turkey fryers. Part of the reason for the increased amount of fires associated with frying a turkey is the equipment used to fry the turkey. The large fryers use gallons of cooking oil, which boils at 325 degrees Fahrenheit. If too much oil is added it can easily boil over–or the fryers can tip–creating the perfect catalyst for a holiday fire that could cause extensive damage, or even death.

From 1998 to 2007, there were 138 reported incidents involving turkey fryers, according to the US Consumer Product Safety Commission. These resulted in 36 injuries and nearly $8 million in property loss.

If you chose to fry a turkey during Thanksgiving, or the holidays, here are some safety tips to follow:

â€¢ Only use a container specifically designed to fry turkeys and follow the manufacturer’s directions for use.
â€¢ Turkey frying is an outdoor activity only. Set the fryer a safe distance away from any building, especially homes and sheds. Do not use a fryer on a wooden deck or inside a garage.
â€¢ Never leave a turkey fryer unattended. Remember that you have flammable oil heating over an open flame with no temperature control so don’t take any chances.
â€¢ Use an oil with a high smoke point like peanut, canola, or safflower oils.
â€¢ Before using oil in a fryer, measure how much you will need by placing the turkey in the fryer and adding water until it is 1 to 2 inches over the turkey. Remove the turkey and mark the water line. Use this line to indicate how much oil to use. Remove the water and dry the fryer thoroughly before filling it with oil to the designated line.
â€¢ Always use a defrosted turkey. Lower and raise the turkey slowly so the hot oil will not splash.
â€¢ The cook should wear gloves, long sleeves and an apron to avoid burns from splashing oil.
â€¢ Be sure to keep an all-purpose fire extinguisher near by. Never attempt to put out a grease fire with water!
â€¢ Once the turkey is done, turn off the heat source to let the oil cool.
â€¢ Be sure to keep kids and pets away from the fryer since the oil will remain hot for hours after use.

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EXTENDED BODY:
Our Miami insurance dispute lawyers handle fire 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.

May 19 2014

November Hurricanes Are Extremely Rare

Posted by Hugo V. Alvarez |

The chances of South Florida getting hit by a hurricane in November is less than 5%.

Historically, only about 5% of all Atlantic tropical storm activity occurs after the 1st of November. On average, one tropical storm forms in November every other year, and a hurricane forms in November every five years.

There have been six recorded major hurricanes in November. They were Hurricane Michelle of 2001 (Cat. 4, 140 mph); Hurricane Lenny of 1999 (Cat 4, 150 mph); Hurricane Kate of 1985 (Cat 3, 120 mph); Hurricane Greta of 1956 (Cat 4, 140 mph); Hurricane 10 of 1932 (Cat 4, 135 mph); and Hurricane 7 of 1912 (Cat 3, 115 mph).

The most extraordinary November hurricane was “Wrong-Way Lenny”, which hit the northern Leeward Islands as a strong Category 4 hurricane with 155 mph winds on November 17-18, 1999. Lenny was the first storm to have an extended west-to-east track across the central and eastern Caribbean Sea in the 135-year Atlantic tropical cyclone record, and was the strongest November hurricane on record.

Hurricane Gordon was the deadliest November hurricane. It claimed 1122 lives in Haiti when it passed just west of the country as a tropical storm on November 13, 1994. Lenny claimed six lives in Costa Rica, five in the Dominican Republic, two in Jamaica, two in Cuba, and eight in Florida. Property damage to the United States was estimated at $400 million (1994 dollars), and was severe in Haiti and Cuba as well.

Three November hurricanes have hit the U.S.-an unnamed 1916 Category 1 hurricane that hit the Florida Keys, an unnamed 1925 Category 1 hurricane that struck Sarasota, Florida, and Hurricane Kate, which struck the Florida Panhandle on November 22, 1985.
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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.

May 19 2014

Hurricane Rina is Gaining Strength and Could be a Major Hurricane by Tuesday

Posted by Hugo V. Alvarez |

Hurricane Rina has quickly strengthened into a hurricane off the coast of Honduras. Rina is a category 1 storm with top winds of 75 miles per hour.

Forecasters are predicting that the storm could become a major hurricane with winds topping 111 miles per hour by late Tuesday.

The models largely agree that Hurricane Rina will not make it out of the Caribbean, and instead turn around and move back to the south beyond the 5-day forecast period.

In the unlikely event it were to get pulled northward, the odds are that it would be coupled with a mid-latitude weather system strong enough to seriously damage its tropical characteristics.

Rina’s formation brings this year’s tally of named storms to seventeen, making it the 7th busiest Atlantic hurricane season since record keeping began in 1851. Only 2005, 1933, 1995, 1887, 2010, and 1969 had more named storms.

However, 2011 has had an unusually low percentage of its named storms reach hurricane strength. Only 35% of this year’s named storms, including Rina, have made it to hurricane strength (six), and normally 55 – 60% of all named storms intensify to hurricane strength in the Atlantic.

Hurricane Rina is a rare October hurricane. However, history has demonstrated that hurricanes in October can still cause extensive damage. Just back in 2005, for instance, Hurricane Wilma caused extensive damage to South Florida, and was one of the strongest hurricanes ever recorded on record. It became the 3rd costliest hurricane in U.S. history causing over $20 billion in damages in South Florida.
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May 19 2014

The Importance of the Examination Under Oath (EUO) and How it Impacts your Insurance Claim

Posted by Hugo V. Alvarez |

What is an Examination Under Oath?

Most insurance policies have several conditions that the insured must satisfy before an insured can file a lawsuit against the insurance company, and that is part of the insurance company’s duty to investigate. One of the most common condition is having the insured sit for what is known as an Examination Under Oath (EUO.)

An EUO is a sworn statement given by someone who has made a claim due to water damage, wind damage, hurricane, roof claim, lightening, car accident, or some other form of risk that is insured. Insurance companies typically use this procedure as part of their claims handling process and investigation. But they also employ an EUO if they suspect fraud, or if they are considering disputing coverage before going into litigation.

It should be noted that the EUO could be tape recorded, or even video taped. But it will certainly be transcribed, and you will be sworn to tell the truth. The sworn testimony that you give will also be used by the insurance company to serve their interest, and against you, if possible.

Who has to sit and attend an EUO?

Every insurance policy has a “named insured.” Therefore, the “named insured” has to appear for the EUO. However, in some instances, the “named insured” may not be the person with the most knowledge as to the claim of loss. As such, the insurance company will require the person with the most knowledge of the loss to appear in addition to the “named insured.”

So for instance, the home could be owned by your elderly mother. Your elderly mother is the “named insured” since she owns the home. If the insurance policy is written in a broad enough context, it could be possible that you will also have to appear for an EUO even though you don’t own the home, and you are not listed as “named insured.” The reason being is that you may the best person with the most knowledge as to the loss in question.

At the EUO, an insurance company is limited in scope to the types of questions that can asked. In fact, a recent Florida appellate court ruling admonished insurance companies for their practices of attempting to intimidate insured’s during EUO’s when the insured appears without an attorney. Nonetheless, the insurance company will no doubt ask questions about your background, family history, educational history, employment history, claim history (other insurance claims), financial history (bankruptcies and the like), military history, criminal convictions, and credit history. This is all before they ask you one question about your claim. Most EUOs take several hours, and some could even take several days.

What if you don’t cooperate?

Most insurance policies contain what is known as a “cooperation clause.” What that means is that the named insured has a duty to cooperate with the insurance company during its investigation of the claim. And one of those requirements is often times to sit for an EUO.

Should the named insured fail to appear for scheduled EUO, then the insurance company could deny the claim. The reason being is that the named insured failed to comply with its duty to cooperate with the insurance company when it failed to sit for an EUO.

Additionally, just showing up for an EUO is not enough. The insurance company may require the named insured to bring documents such as tax returns, checking account information and the like to the EUO. The failure to bring those documents may also serve as grounds to deny the claim.

Moreover, an insured’s failure to answer certain questions during an EUO may also serve as the basis for a denial of the claim by the insurance company. However, a recent Florida appellate court case made it understood that an insurance company should not intimidate an insured during an EUO to the point that an insured feels forced to walk out of an EUO.

Should You be worried?

Yes, you should worry if your insurance company asks you for an EUO. The insurance company is not going to hire a lawyer to interrogate you because they want to help you substantiate your claim. They suspect fraud or are collecting information, from you, in order to deny your claim. You have the right to have your own lawyer at an EUO. However, you are not required to have your own attorney. In fact, and as this recent case from the Third District Court of Appeal makes abundantly clear, the insurance company will be delighted if you appear without a lawyer. If you do not have an attorney, we recommend you consult with an attorney before attending any EUO.
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May 19 2014

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

Posted by Hugo V. Alvarez |

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.
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May 19 2014

An Appellate Court Chastised an Insurance Company for its Conduct during an Examination Under Oath and Awarded Attorney Fees to the Insured

Posted by Hugo V. Alvarez |

An insurance company was chastised by the Third District Court of Appeal for its conduct during an examination under oath.

An examination under oath is a common condition precedent to the filing a lawsuit against an insurance company that is found in just about every insurance policy. Should an insured fail to sit for an examination under oath then the insured jeopardizes potential insurance coverage for the loss.

Along those same lines, it is not uncommon for an insurance company to deny coverage even after the insured appears for an examination under oath but fails to answer certain questions asked during the examination. Often times the insured appears at an examination under oath without the presence of an attorney. In such circumstances it is not uncommon for the attorney hired by the insurance company to attempt to bully and intimidate the insured into either not answering certain questions by inquiring into areas that are simply not material to the claim, or by intimidating the insured into dropping the claim out right.

In light of such tactics it is of paramount importance to be represented by legal counsel prior to sitting for an examination under oath. At our firm, we worked for the insurance companies prior to opening our doors for business. We know the tactics that an insurance company will use to stonewall and delay your claim. Better to contact us today and before an examination under oath to ensure that your claim is properly handled and to maximize the potential recovery from the insurance company.

Court Ruling Taking an Insurance Company’s Conduct to Task

In a case decided by the Third District Court of Appeal, the appellate court admonished an insurance company for its conduct during an examination under oath.

In that case, a truck owner had his truck stolen. The truck owner had prior unrelated criminal convictions on his record. The truck owner then made a claim with his insurance company seeking reimbursement for his stolen truck.

The insurance company then required the truck owner to come and sit for an examination under oath. The truck owner did just that, but without an attorney.

The truck owner felt so intimidated by the insurance company’s attorney during the examination under oath that he walked out. The reason being is because the attorney for the insurance company spent almost the entire examination focusing on the truck owner’s prior criminal convictions and spent very little time discussing the actual loss.

The truck owner then retained the services of an attorney, and filed a lawsuit against the insurance company. The insurance company ultimately paid the full amount of the claim. However, and despite obtaining a successful result from the insurance company, the trial court denied the truck owner’s claim for attorney fees. The truck owner then filed an appeal with the third District Court of Appeal.

The Third District Court of Appeal concluded that the trial court was wrong and that the truck owner was entitled to attorney fees. In so ruling, the Third District Court of Appeal placed boundaries on the appropriate conduct during an examination under oath. Indeed, the Third District Court of Appeal concluded that the insurance company had unfortunately “decided to use the usual policy provision requiring a sworn statement as a license to make unwarranted and intrusive inquiries into the personal life of any insured who has the temerity to make a claim against it.” The court also found that when the insurance company “invited [the truck driver] to withdraw his claim in lieu of responding” to questions was improper and harassing.

In light of those circumstances, the Third District Court of Appeal found that it was necessary for the truck driver to resort to litigation in order to resolve his claim. Reasoning that the “statute was enacted for the very purpose presented in this case – to discourage the games insurance companies play,” the Third District Court of Appeal concluded that the trial court “improperly employed” the statute and that the insurance company could not “escape the consequences of what it tried to get away with in this case.”

As such, the truck owner was awarded attorney fees to be paid by the insurance company.
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This case should serve as a reminder that insurance companies will try just about anything in an effort to not pay on a certain claim. Therefore, 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.

May 19 2014

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

Posted by Hugo V. Alvarez |

According 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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May 19 2014

Will Insurance Companies be Permitted to Use Facebook and Twitter to Raise Your Insurance Rates?

Posted by Hugo V. Alvarez |

Investigators for both the police and insurance companies are using Facebook and Twitter to obtain information in the ongoing battle against fraud.

But insurance companies are also apparently trying to use that same information obtained from such popular social media websites such as Facebook and Twitter to calculate insurance premium increases.

In other words, insurance companies are contemplating using social media to assess risk. Simply put, it will allow an insurance company to create a profile of how risky, or unrisky, a particular person or property may be to insure. It will allow an insurance company to collect information at a much more detailed level.

Today, insurance companies are barred from using social media to help set rates. But regulations change, and in the not to distant future it may become common practice for an insurance company to check your facebook site to help set your insurance rates. Indeed, many states used to bar insurance companies from using your credit score to set rates. But today, such practice is common place.

It should be noted that even if a policyholder’s social media profile is private, a court can approve an order allowing access to the profile for a limited time.

So the lesson to be learned here is that if you don’t want an insurance company – or anyone for that matter – to learn something about you, then don’t post it on your social media website. As you can see, insurance companies are trying to find out as much information as possible about you in order to assess its risk exposure.
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May 19 2014

Did the Heavy Weekend Rains Damage your Home or Property?

Posted by Hugo V. Alvarez |

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.

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The 2011 Hurricane Season is Quietly Coming to an End

Frying a Turkey? Here are Some Tips to Safely Enjoy a Fried Turkey

November Hurricanes Are Extremely Rare

Hurricane Rina is Gaining Strength and Could be a Major Hurricane by Tuesday

The Importance of the Examination Under Oath (EUO) and How it Impacts your Insurance Claim

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

An Appellate Court Chastised an Insurance Company for its Conduct during an Examination Under Oath and Awarded Attorney Fees to the Insured

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

Will Insurance Companies be Permitted to Use Facebook and Twitter to Raise Your Insurance Rates?

Did the Heavy Weekend Rains Damage your Home or Property?

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