Florida Insurance Claim Lawyer Blog - Page 8 of 19 - Insurance claims for property damage in Miami, Florida.

May 19 2014

Forecast Changed for the 2012 Hurricane Season and More Named Storms are Expected This Year

Back in April we noted that forecasters were predicting that the 2012 hurricane season would be less active than normal. They predicted that this hurricane season would bring 4 hurricanes and 10 named tropical storms.

However, since that time they have raised their projections for this hurricane season. The projections were increased to 13 tropical storms and 5 hurricanes. They also project 2 of those 5 hurricanes will be major hurricanes defined as category 3 or stronger.

The revised projections would still be slightly below average for hurricanes in the region that includes the Atlantic Ocean, the Caribbean Sea and the Gulf of Mexico. An average season brings about 12 tropical storms, with 6 hurricanes and three major hurricanes ranking at Category 3 or higher.

Last year we saw 19 named storms. Of those, 7 of them turned into hurricanes and 3 of them turned into major hurricanes measured at Category 3 or stronger.

Part of the reason for the increased forecast since April is due largely to the uncertainty as to whether an El Nino will develop later this summer as well as somewhat marginal Atlantic basin conditions.

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

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

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

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

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

May 19 2014

Insured Beats Insurance Company on Appeal Over Issue Associated with Appraisal and an Examination Under Oath – Know Your Rights

Posted by Hugo V. Alvarez |

As we have discussed before, most insurance policies have several conditions that the insured must satisfy before an insured can file a lawsuit against the insurance company. One such condition is having the insured sit for what is known as an Examination Under Oath (EUO.)

However, EUO’s are often the source of disputes between the insured and the insurance company. Indeed, insurance companies will often use an EUO as a tool to force an insured to drop their claim.

As we discussed previously, the Third District Court of Appeal located in Miami chastised an insurance company for its conduct during an EUO and awarded attorney fees to the insured. In that case, the lawyer hired by the insurance company attempted to bully the insured into dropping the claim in an effort to save the insurance company money.

Another often hotly contested issue is simply the issue of where the EUO will take place. As we discussed previously, the Fourth District Court of Appeal in Goldman v. State Farm, 660 So.2d 300, (Fla. 4th DCA 1995) specifically determined that the EUO must take place at a “mutually convenient time and place as contemplated by the policy.”

Another issue that often pops up during an EUO is whether or not a public adjuster can be present during the EUO. The Fourth District Court of Appeal in Nawaz v. Universal Property Insurance Company, 2012 WL 2121178 (Fla. 4th DCA 2012) was presented with the issue of whether the insurance policy prevents the insured from having his public adjuster present during the examination under oath. In that case, the appellate court concluded that “under the plain language of the insurance contract between the parties, that the insured was not prohibited from having his public adjuster present during the insured’s examination under oath.”

These rulings shed light on the ever evolving law associated with EUO’s, but also highlights the importance of complying and properly satisfying any and all requests made by an insurance company to sit for an EUO.

On the one hand, an insurance company cannot unilaterally schedule an EUO at the time and place of their choosing while also using the EUO as a tool to intimidate and bully an insured into dropping their claim. Unless specifically referenced in the insurance policy, the insurance company cannot also refuse to permit a Public Adjuster from being present during the EUO.

But on the other hand, a failure to comply with an insurance company’s request to sit for an EUO may result in the denial of insurance benefits due to the insured’s failure to cooperate and adhere with all of the terms and conditions of the insurance policy.

Contact us today if you are in doubt of your legal rights under your insurance policy.
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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

Will a Hurricane Deprive you of your Smart Phone? Will your iPhone Even Work during a Hurricane?

Posted by Hugo V. Alvarez |

The only place to go for real time live updates back in 1992 when Hurricane Andrew caused chaos throughout South Florida was TV and radio – if you were lucky enough to still have power. Indeed, weather man Bryan Norcross became a local legend after he provided live updates associated with Hurricane Andrew for 23 hours.

Today, our society has become very dependent on technology. We often turn to our cell phones, smart phones, tablets, laptops, desktops, and other such devices to find out the latest news, current events, and other pertinent information. Therefore, it stands to reason that if a hurricane were to strike South Florida that we would all turn to our many devices for the latest news and information.

But what happens if your primary source for information is your iphone but your iphone is dead and there is no place to re-charge it? That is a primary concern for many as hurricane season gets under say.

All that reliance on technology begs the question whether or not our infrastructure is set up to handle all that demand should a storm strike South Florida. To handle that load, wireless carriers are turning to time-tested disaster plans – but on an exponential scale.

But will it be enough to handle the 600,000 South Florida households without land lines, plus the seemingly endless appetite to Tweet, Facebook and upload video of the broken trees, gasoline lines, and broken roadways? No one will know for sure until storm hits.

However, the ravaging storms, and tornadoes, that ripped through the Midwest earlier this year provided a sneak preview of what we can expect here in South Florida should a hurricane strike us.

In that part of the country, Facebook became a critical channel to finding lost family members and asking for help. Moreover, with Internet connections down for several days, many in that part of the country turned to wireless telephones for news. Many more also turned to Twitter to spread the word of where to find supplies and emergency stations. The tweets involving emergency stations even included areas where folks could recharge their wireless devices, including cell phones.

It should also be noted that with hurricane season upon us, and should a hurricane strike South Florida, many South Floridians will turn to many new apps for purposes of both tracking the storm and dealing with the storm’s aftermath. But that obviously means that many of us will rely on technology more so today than we did in years past. In fact, cell phones are often times the only form of communication immediately after a hurricane strikes.

To prepare for that anticipated heavy usage, major wireless carriers say they have tested equipment and run simulations in South Florida. But while all the wireless carriers state that they are prepared in the event that a major hurricane strikes South Florida, only time will truly tell.

Nonetheless, and in the event that a major hurricane does strike South Florida, the best advice that the major carriers offer is to use your wireless technology sparingly and only when necessary.

Simply put, go ahead and post something short on Facebook or Twitter send a text message, and then get off the phone. And don’t hesitate to contact us if your property 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

Rainy Season Causing Massive Flooding and Property Damage

Posted by Hugo V. Alvarez |

If you haven’t already noticed – it’s rainy season in South Florida. According to the National Weather Service, “[t]he daily cycle of showers and thunderstorms which defines the South Florida rainy season has begun earlier than normal this year.” Ordinarily, our rainy season has a start date of May 20th; however, Mother Nature decided to show up early this year by giving us torrential downpours on May 8th.

On May 23rd, Miami saw record breaking numbers. For example, Miami International recorded approximately 9 inches of rain. Per the Sun Sentinel, the recorded rainfall shattered a long-standing record.

Miami, and South Florida in general, already witnessed above average rainfall during the dry season. The dry season, which ran from October 20th to May 7th, gave Miami 22.95 inches of rain, which is close to four inches above the norm.

The irregular patterns have also given use two named storms before the start of Hurricane season, which is June 1st. Alberto and Beryl have caused, and in Beryl’s case continues to cause, severe thunderstorms, flooding, and rain along the east coast. Beryl was very close to becoming a full fledged hurricane, reaching speeds of up to 70mph before making landfall near Jacksonville, Florida.

Hurricane, wind, and rain damage are a common occurrence across South Florida. It creates havoc on residential and commercial properties alike. Our attorneys have experience dealing with these weather-related losses in South Florida. If you own a home or business that has experienced damage as a result of rain or wind, please contact us today.

Remember, failure to timely report the loss to your insurance carrier could result in a denial of your claim. Remember, our attorneys are here to assist you – do not hesitate to contact us today.
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The heavy rains may have also caused water damage to your property. Water damage is one of the most commonly cited reasons in any property insurance claim. After heavy rains such as the ones we just experienced this past weekend may result in some form of damage to your property.

Despite the fact that water damage is a common cause to assert a property insurance 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.

May 19 2014

Is Your Property Flooded as a Result of the Recent Record Rain Fall? Here are some Tips to File a Flood Insurance Claim

Posted by Hugo V. Alvarez |

The past few days has brought very heavy rain throughout South Florida. Many in Miami-Dade County and Broward County experienced terrible weather. The heavy rains even caused some flash flooding in many areas throughout South Florida as a result of seeing as much as 9 inches of rain in some areas. Especially hard hit are areas that are historically prone to flooding like Sweetwater and Doral. Indeed, these are areas are under water today after some very heavy rain fall recently.

The heavy rains may have also caused water damage to your property. Water damage is one of the most commonly cited reasons in any property insurance claim. After heavy rains such as the ones we just experienced this past weekend may result in some form of damage to your property.

Here are some tips to assist you in properly documenting your water damage claim as a result of the heavy rain fall:

â€¢ Photograph the outside of the premises, showing the water damage or flooding. Also, photograph the inside of the premises, showing the damaged property and the height of the water if your property was flooded.

â€¢ Don’t delay in notifying your insurance company promptly of your damage. Delay in reporting the claim could result in a denial of the claim. This includes notifying both your flood insurance company, if you have flood insurance, as well as your home insurance. You will likely need to prepare some documents required by the insurance company to move the claim forward, and one of our professionals can assist you with the claim process.

â€¢ Separate the damaged from the undamaged property and put it in the best possible order for the insurance adjuster’s examination. If reasonably possible, protect the property from further damage.

â€¢ Fully cooperate with any and all reasonable requests made by any authorized representative from the insurance company as part of their claims investigation.

â€¢ Damaged property which presents a health hazard or which may hamper local clean-up operations should be disposed of. Be sure to adequately describe and photograph discarded items so that, when the adjuster examines your losses and your records, these article are included in the documentation.

â€¢ Good records speed up settlement of your claim. Compile a room-by-room inventory of damaged goods, and include manufacturer’s names, dates and places of purchases, and prices. Try to locate receipts or proofs of purchase, especially for major appliances, and note manufacturers’ names, serial numbers, prices, and dates of purchase.

May 19 2014

Are Insurance Companies Only Insuring You As Long As Nothing Happens? Insurers Go Missing After Catastrophic Losses

Posted by Hugo V. Alvarez |

Insurance companies often advertise how easy it is to become an insurance company’s customer. But they seldom, if ever, advertise how difficult it is to get an insurance company to pay for a claim, especially if the claim is after a catastrophic loss such as say a Hurricane.

Insurance companies have significantly and methodically decreased their financial responsibility for weather catastrophes like hurricanes and floods in recent years. Indeed, and after an extraordinary year last year for natural disasters, many insurance companies took steps to leave weather challenged states like Florida.

For instance, Allstate informed many of its North Carolina policy holders that would not renew homeowner policies that were not bundled with auto policies. Alfa Mutual Group announced that it would not renew 73,000 Alabama policy holders after tornadoes caused $11 billion dollars of property damage in Alabama last year.

Yet Florida is probably in the worst shape of any state in the country as it is the midst of an on going insurance crises in light of the fact that insurers have been dropping coverage since Hurricane Andrew in 1992. As a result, Florida’s premiums average $1,460 per home. That trails only the state of Texas for the average cost of insurance premiums. As a result, the state backed Citiznes Insurance Company has had to step in to cover some 1.5 million property via its publicly funded insurance company as insurers drop more and more homes each and every year. State Farm, for example, stopped writing new homeowner policies in Florida back in 2007.

Today, insurance companies are also offering less insurance coverage for more money. In other words, many policy holders are paying more money for less coverage. While rates have been increasing dramatically, coverages have been hallowed out.

With hurricane season upon us, it is important to check 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. Not only should you check the financial strength of your insurance company, but you should also check, and understand, the scope of coverages you have purchased.
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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.

May 19 2014

Have you Started to Get Ready for the 2012 Hurricane Season?

Posted by Hugo V. Alvarez |

With Memorial Day right around the corner, many are making plans for the holiday. Some may be going on vacation and some may be planning a BBQ. But once the holiday weekend is over, we must prepare for the 2012 hurricane season which officially starts on June 1. Many native South Floridians have been dealing with hurricanes since they were young children and simply brush off hurricane season without preparation. However, must we remind you of the damage caused by Hurricane Andrew or even the more recent Hurricane Wilma, the second worst hurricane in Florida history? Advanced preparation is vital because right before a storm hits, supermarkets and home improvement stores are jam-packed with last minute shoppers. Waiting until the last minute on important supplies is especially dangerous because items fly off the shelves and you risk being left without necessary supplies. It also important to stock enough supplies to last you through a storm 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.

May 19 2014

Your Property is Damaged, Now You Need to Make an Insurance Claim

Posted by Hugo V. Alvarez |

You own a property that was blown away by a recent hurricane, and another property that had a significant pipe burst that flooded the whole house. What do you do?

You think you have has insurance coverage to help you cope with the financial devastation for these losses, but you’re not sure what to do.

Check Your Insurance Policy for All Conditions and Obligations Necessary to Make a Proper Claim

The first thing you need to do is to track down a copy of the current insurance policy and find out the name of the insurance company. Now that you have the insurance policy, and know the name of the insurance company, you can then begin the process of navigating those two insurance claims.

You need to then immediately notify the insurance company of the claim. Failure to do so promptly may jeopardize the insurance claim, and make the claim process a nightmare for you and your client.

Every insurance policy written in Florida contains numerous conditions that are imposed on the policy holder/insured. The policy holder must adhere to those conditions before the insurance company will make an offer to settle the claim, and before the insured can even file a lawsuit against the insurance company. Those conditions are intended to permit an insurance company to promptly investigate a claim after its occurrence.

The conditions typically involve providing “immediate” notice to an insurance company of the loss. That means you or your client will have to call the insurance company to report the loss as soon as possible.

You will typically need to allow the insurance company an opportunity to inspect the loss and conduct an investigation. If you wait months, or even years, to report the claim to the insurance company, then the insurance company will likely deny the claim on grounds that it was “prejudiced” in its ability to promptly perform an investigation.

You may also be required to sit for an examination under oath, and may also be required to submit a sworn proof of loss. The insurance company should also be afforded the opportunity to inspect the loss as well as photograph/video tape it. Any repairs that may have been made need to be properly documented. Make sure to keep all receipts and photograph of all repairs.

What Happens Next.

The claims process can be an exceedingly frustrating experience. And often times it may even result in litigation against the insurance company. But before that lawsuit is filed, it is imperative that you comply with all of the requests made by the insurance company. The insurance company will likely not make an offer to resolve the claim if their investigation was hindered in any way. Also, a premature rush to the courthouse may also result in a dismissal of the lawsuit if the insurance company can demonstrate that the insured failed to comply and cooperate with the insurance company during its investigation.

May 19 2014

Less Active Hurricane Season Predicted for 2012

Posted by Hugo V. Alvarez |

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

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

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

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

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

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

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

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

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

May 19 2014

Holocaust Profiteering – Insurance Companies Refuse to Pay Life Insurance Policies for those that Died during the Holocaust

Posted by Hugo V. Alvarez |

The Holocaust took place in Germany from 1933, when Adolf Hitler became Chancellor of Germany, and lasted until the end of WWII in 1945.

During this time, Jews in Europe were subjected to harsh persecution that ultimately led to the systematic murder of 6,000,000 Jews (1.5 million of these being children) and the destruction of 5,000 Jewish communities. These deaths represented two-thirds of European Jewry and one-third of world Jewry. The Jews who died were not casualties of the fighting that ravaged Europe during World War II. Rather, they were the victims of Germany’s deliberate and systematic attempt to annihilate the entire Jewish population of Europe.

Many of those that died during the Holocaust had purchased life insurance with such companies like Allianz and others. They paid their premiums to secure said coverage. Yet the death benefit of those policies has never been paid by the insurance companies.

Many of those insurance companies that are refusing to pay the life insurance proceeds actually even went so far as to actually cooperate with the German government during the Holocaust to insure death camps.

It is believed that companies such as Allianz, Generali, AXA and other global insurers wrote almost 900,000 insurance policies in Eastern Europe before the Holocaust. The amount owed on these policies has been estimated at $20 billion.

Yet, after the war ended many of the grieving families that had lost loves ones during the Holocaust submitted claims to the insurance companies. The insurance companies refused to honor the requests. Part of the reason was because many of the families were unable to provide death certificates. However, it is a known fact that the German government never issued any death certificate for those murdered during the Holocaust.

The International Commission on Holocaust Era Insurance Claims (ICHEIC) was established by the National Association of Insurance Commissioners in August 1998 to identify, settle, and pay individual Holocaust era insurance claims at no cost to claimants.

But the ICHEIC did not pay out the full benefits purchased by the life insurance policies. In some cases, they only paid a fraction of what was owed.

Contributions to reparations agreements are not a substitute for addressing the breach of contract that is the failure to pay legitimate claims of policyholders. As such, U.S. lawmakers are pushing through legislation that could potentially permit Holocaust survivors, and their families, the ability to sue for breach of contract, and other viable claims, and seek the full payment of amounts due and owing to the families of the many Holocaust victims and to others who may have viable claims.
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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.

Call Us Today

Forecast Changed for the 2012 Hurricane Season and More Named Storms are Expected This Year

Insured Beats Insurance Company on Appeal Over Issue Associated with Appraisal and an Examination Under Oath – Know Your Rights

Will a Hurricane Deprive you of your Smart Phone? Will your iPhone Even Work during a Hurricane?

Rainy Season Causing Massive Flooding and Property Damage

Is Your Property Flooded as a Result of the Recent Record Rain Fall? Here are some Tips to File a Flood Insurance Claim

Are Insurance Companies Only Insuring You As Long As Nothing Happens? Insurers Go Missing After Catastrophic Losses

Have you Started to Get Ready for the 2012 Hurricane Season?

Your Property is Damaged, Now You Need to Make an Insurance Claim

Less Active Hurricane Season Predicted for 2012

Holocaust Profiteering – Insurance Companies Refuse to Pay Life Insurance Policies for those that Died during the Holocaust

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