In Security First Insurance Company v. State of Florida, Office of Insurance Regulation, 40 FLW D1449a (Fa. 1st DCA June 22, 2015), Security First sought to amend its insurance policy form to prohibit post-loss assignment of benefits without the insurer’s
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Duty to Defend in the face of an “Insured Contract”
In Mid-Continent Casualty v. Hunter Crane, 40 FLW D1371c, (Fla. 4th DCA June 10, 2015), the 4th DCA discussed a commercial general liability insurance company’s duty to defend under its CGL policy when its insured has contractually agreed to indemnify,…
What to do if Your Roof has Wind or Hail Damage
I have handled many cases where the roof on a business or home has been damaged by wind or hail.
Storm damage to your roof is covered under your homeowners and business owners property insurance policy.
Many times, the insurance company will do…
Suit filed for Wind and Hail Damage
On March 24, 2013, a powerful unnamed storm hit our area. I’ve had 100’s of claims on behalf of policy holders arising out of that storm. This week, another homeowner came to us because their homeowners insurance company denied another…
Assignment of Benefits Upheld
In One Call Property Services, Inc. v. Security First Insurance Company, 40 FLW D1196 (Fla. 4th DCA May 20 2015), One Call took an assignment of benefits from an insured homeowner after the homeowner hired One Call to perform clean…
What is “Prompt” Notice
In Edie Laquer v. Citizens Property Insurance Corporation, 40 FLW D1186, the 3rd DCA reversed a summary judgment in favor of Citizens on the issue of whether the insured had given “prompt” notice of the claim to Citizens.…
Can Homeowners Replace Their Roof During Litigation?
I represent many homeowners and business owners who are suing their insurance company for roof damage from wind or hail. Many times, the leaking in the house gets so bad that the roof must be replaced during the course of…
Citizens Immune From Bad Faith, but there’s more…
In a long awaited opinion, in Citizen Property Insurance Corporation v. Perdido Sun Condominium Association, Inc., 40 FLW S265 (Fla., May 14, 2015), the Florida Supreme Court held that Citizens was immune from first party statutory bad faith claims.
[A] statutory…
Arbitration Under Insurance Policy
In Allied Professionals Insurance Company v. Fitzpatrick, et. al., 40 FLW D1070 (Fla. 4th DCA, May 6, 2015), a chiropractor purchased a professional negligence insurance policy. The insurance policy contained a comprehensive arbitration provision which, among other things, required: 1) any claims…