Florida Insurance Claim Lawyer Blog - Page 12 of 19 - Insurance claims for property damage in Miami, Florida.

May 19 2014

Arlene? Bret? Cindy? Dora? The 2011 Hurricane Season Has Seen 4 Named Storms Already While 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 to date. Any of these storms are strong enough to do significant damage. However, none of them caused any significant impact to South Florida.

Now that South Florida is in the very height of hurricane season it serves as a reminder that 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. And so far this year we have had 4 named storms.

From now through November, the chances are good that South Florida will be threatened by named tropical storms or hurricanes. Even a tropical depression can cause wind and water damage while serving as a health reminder that the time to prepare is now, before a serious storm is eminent.

For those who always seem too busy to prepare, our Miami storm damage attorneys recommend readying you and your family in several stages.

Always
-Know and understand your insurance policy, including your exposure to deductibles.
-Keep your important paperwork in water-proof storage containers
-Keep several plastic totes with the following items inside (and clearly marked in a checklist on the outside): manual can opener, disposable plates, silverware and cups, first aid kit, flashlights, battery-operated radio.

Start of hurricane season
-Purchase fresh batteries for radios and flashlights
-Ensure fresh gas is available for the generator and gas grill and that both are in good repair.
-Purchase fresh bottled water (at least 7 gallons per person — a gallon a day for a week). Buying 20 oz bottles will allow the water to be used at the beach or around the pool after hurricane season.

Hurricane Watch
If you have followed the instructions above, this will be your serious hurricane preparation and it should be pretty simple:
-Fill cars with gas.
-Go grocery shopping
-Gather specialty items, including pet care and child care items.
-Charge cell phones
-Gather rain gear, toys, books and games
-Ensure you have cash on hand to last several weeks.

Hurricane Warning
This means a hurricane is going to strike the area.
-Install storm shutters
-Remove patio furniture and other loose items, including planters, from the exterior of your home
-Ensure you have emergency contact information, including the location of the nearest shelter
-Listen to official instructions or advisories.
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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.

May 19 2014

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

Posted by Hugo V. Alvarez |

Two 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.

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.

May 19 2014

Adjusters Hired By Insurance Companies are Seldom Disciplined

Posted by Hugo V. Alvarez |

Whenever a small business or individual files an insurance claim, it often turns into a battle between the claimant’s adjuster and the insurance company’s adjuster. In many ways, it’s a fight between David and Goliath due to the difference in resources available to each side. As a result, you would think that our government would do a better job of leveling the playing field. However, whenever David does something wrong he is often punished by state officials. On the other hand, when Goliath mishandles a claim, the chances of a crack down are very slim.

Here is a very telling fact that shows the amount of power insurance companies have in Florida: when there’s a complaint against an insurance company’s adjuster there’s a less than 16 percent chance the adjuster will be disciplined; however, whenever there’s a complaint against a public adjuster, representing a home owner, or business owner, there’s a 75 percent chance the state will discipline that person.

On both sides there are certainly adjusters that need to be investigated and disciplined. By and large, most adjusters approach their jobs with honesty and complete professionalism. Nevertheless, that doesn’t mean you shouldn’t be prepared to file a complaint against an insurer’s adjuster for mishandling a claim.

During the claims process make sure to request and keep all documents related to the claim. Also, keep a journal noting phone calls and the dates and people you spoke to. Make sure to check the licenses for any adjuster, contractors or roofers helping with your claim. This can be done at www.myfloridacfo.com. Lastly, if you feel that your claim is being mishandled, don’t hesitate to immediately contact the Department of Financial Services.

The insurance claim process is often daunting and time-consuming. At Alvarez & Barbara, LLP, we have the resources and expertise to properly help you with your insurance claim especially if your claim is being mishandled by your insurance company, or the adjuster hired by your insurance company.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

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.

About the Author – Gabriel de las Salas is an attorney with the law firm of Alvarez & Barbara, LLP. His practice is focused on general civil and commercial litigation, including personal injury, insurance claims and real estate disputes. Mr. de las Salas received his B.A., cum laude, from the University of Florida, and his J.D., from Stetson University College of Law.

May 19 2014

Sinkhole Occurrences Highest in Florida

Posted by Hugo V. Alvarez |

Florida’s weather and lack of a state income tax make it one of the most ideal places for people to live in. However, there is one thing that happens in Florida that many are unaware of – sinkholes.

Even though most Floridians are unaware of them, Florida has the highest occurrence of sinkholes in the country.

Sinkholes develop when water moves through the underground layer of limestone. This layer is right below the surface. As the water continues to move through the small holes found in limestone, the holes enlarge and the rock eventually dissolves. In extreme cases, a sinkhole can grow 40 to 60 feet deep and wide.

Part of the reason for the surge in sinkhole claims is due in large part to the recent explosion in real estate development throughout Florida, and especially in South Florida. Over development has left the ground susceptible to sinkholes. Plus, while sinkholes occur in other U.S. states, Florida is more prone to sinkhole related problems because of underground limestone that dissolves under certain conditions, especially in areas that have been over developed, according to many leading geologists.

If you suspect your property is sitting on top of a sinkhole, its your responsibility to immediately notify your insurer. Florida law requires insurance companies to cover damage caused by a sinkhole.

As we’ve previously discussed, Florida lawmakers passed a new law this past session that required insurers to provide coverage. However, there is a two-year claims deadline (down from five).

So, how would you know if you’re property is sitting on a sinkhole? Here are some clues: your neighbors have a sinkhole; cracking in your walls, floor, or pavement; doors or windows no longer closing properly; small hole in your yard; and, small pond formation where water has not collected before.

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.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

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.

May 19 2014

Hurricane Strikes in July are Rare

Posted by Hugo V. Alvarez |

Hurricane season has been quiet so far. If you were raised in South Florida or have lived here for a few years, you know that hurricanes typically become a major concern in the months of August, September and October. However, that doesn’t mean that we won’t see a storm in July.

Since 1900 Florida has been struck by three hurricanes in the month of July. The last one happened in 2005 when a category 3 storm struck near Pensacola. On the other hand, numerous tropical storms have struck Florida in July. The last one hit us in 2010.

The reason we don’t see many hurricanes striking Florida during this time of year is because of prevailing steering currents that send the storms south or west of Florida. Whenever we do see tropical systems in July they are usually in the Gulf of Mexico because the waters heat up quickly by early summer.

Not only are July storms less common, they are weaker. Since most June and July storms form in the eastern Atlantic they are weaker because they don’t have the time to travel across more water. However, during the peak months, the storms tend to be stronger because they develop in the western basin of the Atlantic. This basically gives the storm the whole Atlantic to travel and gain strength.

Although July is a slow month for tropical systems we still need to be prepared. As recently as 2005, three hurricanes developed in the month of July. On this blog, we’ve taken the time to prepare various posts to make sure our readers properly prepare for a hurricane. Don’t just think of the canned food and water. Remember that part of hurricane preparation entails making sure you have all the necessary supplies to survive a hurricane as it strikes, and after, as well to ensure that you have all the necessary information to file an insurance claim in the event your home or business is damaged.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

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.

May 19 2014

Many Insurance Discounts are Discontinued

Posted by Hugo V. Alvarez |

For the past few years insurance companies have given many property owners discounts on their premiums for installing tile roofs.

However, some insurers have stopped giving the discounts because of Florida’s complicated new form. For many this means that their insurance premiums may go up few hundred dollars a year.

The new form used by inspectors is based on a 2002 state study that did not examine tile roofs. As a result, the form doesn’t mention tile roofs, which are one of the two most common roofs in South Florida. The roofs are especially popular in upscale communities throughout the area.

Some inspectors are going the extra mile and added commentary that the property meets the latest building codes and should qualify for a discount. Nonetheless, some insurers are taking a hardline approach and strictly following the form.

According to research, metal roofs are considered the strongest in hurricane force winds. Concrete tile roofs are second. Although relatively strong, a 2008 study showed that tile roofs led to about 30 percent higher losses for one insurer because they are more expensive to repair and replace. A FEMA studied showed, however, that tile roofs do a better job of keeping water out of homes. Water damage is more expensive to fix than a roof alone.

We’ve all heard about the recent property insurance law changes and the end/cutback of these discounts is a result of that new law. For example, some inspectors are erring on the side of caution when it comes to the grey areas on the form because of a new law that makes it a crime to give unwarranted discounts. It seems like the form needs to be clarified so that policyholders are not cheated out of discounts.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

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.

May 19 2014

Is Your Business Ready for Hurricane Season?

Posted by Hugo V. Alvarez |

With hurricane season upon us, now is the time for all businesses throughout South Florida to properly plan for hurricane season.

It is vital for every business owner or professional to have a disaster plan in place that includes knowing how to assess damage, understanding how to properly file an insurance claim, and make the required repairs to get back to work as quickly as possible. Taking the wrong approach, or simply mishandling your potential insurance claim, could cost you a lot of money with respect to any claim that may ultimately be submitted to your insurance company.

In an effort to aid your hurricane season preparation, here are some suggestions that could assist you during this upcoming hurricane season’s adequately prepare.

â€¢ Make sure to copy and safely store your pertinent documents. For instance, make sure you have a copy of your property and casualty, as well as a copy of your business interruption insurance policy, and a copy of your lease agreement. You should maintain hard copies of these important documents in the event of a long-term power outage, but you should also store these documents digitally and off-site in a secure electronic environment. You should also safely store these documents in a manner that will allow you to gain very quick access to them in the event of a catastrophe.

â€¢ You should also safely make the appropriate arrangements to have copies of your last four years of income tax returns, and the last six months of your profit and loss statements safely secured. You’ll need the financial data in the event that you have to make a business interruption claim, and you will need physical copies of these documents should you not be able to gain access to them electronically.

â€¢ Keep an updated account of your inventory, and print that out as well. Be sure to inventory all of your office supplies such as computers, desk, chairs and paper since you can recover those losses. You should photograph all of these items as well.

â€¢ If you rent space, then it is imperative that you keep a copy of your lease agreement in a safe place along with all of the aforementioned other documents.

â€¢ Make sure to take photographs and/or video of your entire workspace, including your inventory and office supplies.

â€¢ Make sure to collect emergency contact information for all of your employees, suppliers, and vendors.

â€¢ Work with your senior staff to prepare a plan for a storm, fire, flood or other emergency. What are the contingencies that will allow you to get back to work quickly, and what are the variables that will prompt a long term shut down. Who will be in charge of getting your network back up? Who will be in charge of contacting your major clients? Who will be in charge of handling your insurance claim? Assigning these responsibilities in a calm environment prior to a storm striking will only aid the smooth transition to get back to work after a storm strikes South Florida.

â€¢ If you own the property, hire a licensed inspector or contractor to examine the roof, interior and other structural components in advance to the store. You do not want the insurance company to deny your claim by saying that your property had pre-existing damage. The best way to combat that argument is to conduct the appropriate inspection today.

â€¢ Prepare a list of preferred contractors that you can call on for all necessary repairs. Don’t wait for the insurance company to find someone. If the storm was a catastrophe, then that aid will be difficult to come by. Indeed, it will be incumbent upon you to repair your damages, and the best way to do that is to contact a contractor today and make arrangements to insure prompt repairs after a storm strikes out Florida.
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EXTENDED BODY:
Consider Your Options. Call Us Today.

Considering the increased odds of South Florida getting hit by a storm you should take the necessary steps to safeguard your property and business. That is particularly true since history suggests that South Florida is due for a hurricane strike. Therefore, this is certainly not the season to take lightly. We’ve been spared the last few years, but this could be the year where we are hit by another hurricane. Hurricanes are a fact of life living in South Florida. Although inevitable, they are not surprises like earthquakes or tsunamis. You can prepare and be ready for a hurricane. Call us today to discuss your hurricane preparation in greater detail.

May 19 2014

“La Nina” Leaves Her Mark With Wild and Crazy Weather Patterns as We Head Into Hurricane Season

Posted by Hugo V. Alvarez |

Some climatologists are pointing to “La Nina” for what has been one of the most deadly and devastating spring-weather seasons in recorded history.

La Nina, whose literal translation is “the girl”, is a weather phenomenon that can be traced to the waters of the Pacific Ocean. The waters in the Pacific experience cooler-than-normal sea-surface temperatures, which in turn cause a chain reaction that alters weather patterns around the world.

The result has been eight separate billion-dollar weather events in the form of tornadoes, massive flooding, and wildfires the size of New York. For example, the recent tornado in Joplin, Mo. is expected to be the most costly tornado in U.S. history.

What La Nina essentially does is create a pattern of drier-than-average conditions across the southern part of the United States. The result is a very dry, stronger jet stream that mixes with warm, humid air at lover levels of the atmosphere and cooler air at the upper levels. This concoction is the perfect recipe for supercell thunder storms, which have the ability to spawn some of the most violent and destructive tornadoes. To date, 525 people have been killed by tornadoes this spring, which is the most in recorded history.

So while La Nina is responsible for very wet conditions in some parts of the country, it is also responsible for creating widespread drought across the states. For example, West Palm Beach has recorded its driest water-year since 1850 going from 33.09 inches on average during this season to a depressing 10.39 inches.

The good news? According to climatologist, the effects of La Nina seem to be waning down. This is great news for us in South Florida because La Nina tends to amplify the number and ferocity of Atlantic hurricanes. However, only time will tell whether this “wild and weird” weather season is done wreaking havoc on our nation.

But it should be noted that atmospheric pressures are likely to pull in more hurricanes this season. Such unusual weather patterns are the reasons behind recent predictions calling for a very active hurricane season. As such, now is the time to be get prepared for hurricane season.

That is particularly true since history suggests that South Florida is due for a hurricane strike. Therefore, this is certainly not the season to take lightly. We’ve been spared the last few years, but this could be the year where we are hit by another hurricane. Hurricanes are a fact of life living in South Florida. Although inevitable, they are not surprises like earthquakes or tsunamis. You can prepare and be ready for a hurricane.

Considering the increased odds of South Florida getting hit by a storm you should take the necessary steps to safeguard your property and family. One exercise that is a must is a review of your insurance policy to determine what is covered, and excluded, from your policy. Most importantly, review what you’re supposed to do in the event your property is damaged in a windstorm. You should also check the financial strength of your insurance company, and stock up on food supplies.

May 19 2014

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

Posted by Hugo V. Alvarez |

In 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.

May 19 2014

Hurricanes are the Planet’s Worst Storms and they Cause a Lot of Damage

Posted by Hugo V. Alvarez |

The last time a major hurricane struck the United States was during the record storm year of 2005. The United States has never gone six years with out a major strike.

In 2005 we saw 15 hurricanes and seven major storms of category 3 or higher, including Hurricane Katrina which struck New Orleans, killing at least 1,836 people. Moreover, hurricane Katrina and Rita caused $91 billion in damages, destroyed 115 energy platforms in the golf and shut down 95% of gulf oil production and almost 30% of US refining capacity.

As this hurricane season gets underway, forecasters are predicting an above normal hurricane season. The last hurricane that hit the United States was hurricane Ike, a category 2 storm back in 2008. There has not been a three-year period without a US hurricane strike since the 1860s.

Hurricanes are the Planet’s worst storms.

Hurricanes are the most powerful and destructive storms on the planet. Between 1990 and 2009 hurricanes inflicted $152.4 billion in insured losses in the United States, and accounted for 45.2% of the country’s catastrophic losses during that same time period.

This year, the insurance industry may be under greater strain because of large losses infected by record-setting tornadoes that have killed more than 500 people and destroyed at least $3 billion to $ 6.5 billion of insured property.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

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.

Call Us Today

Arlene? Bret? Cindy? Dora? The 2011 Hurricane Season Has Seen 4 Named Storms Already While Our Firm Stands Ready to Help Miami Homeowners if a Named Storm Strikes South Florida

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

Adjusters Hired By Insurance Companies are Seldom Disciplined

Sinkhole Occurrences Highest in Florida

Hurricane Strikes in July are Rare

Many Insurance Discounts are Discontinued

Is Your Business Ready for Hurricane Season?

“La Nina” Leaves Her Mark With Wild and Crazy Weather Patterns as We Head Into Hurricane Season

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

Hurricanes are the Planet’s Worst Storms and they Cause a Lot of Damage

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