Case Law Wednesdays – Satisfying your Post Loss Obligations

Insurance policies typically contain post loss obligations that the insured must abide by before filing a lawsuit. Post loss obligations are conditions that the insured must perform after they have experienced a damage to their property. These obligations can include providing prompt notice of the loss, making reasonable repairs to protect the property, and/or providing a sworn proof of loss. A sworn proof of loss is Read More

Knowledge Mondays – Does an Attorney need to Handle my Closing?

Although Florida law does not require parties to hire an attorney to handle a real estate closing, buyers and sellers choose to hire an attorney to protect their interests. Buying or selling a house is a major purchase in your life, whether it is your first or fifth property it is crucial that your interest always be protected. During the closing process, sellers and buyers have real estate agents that guide them Read More

Knowledge Mondays – What is title?

Title refers to the right or ownership of a piece of property. When purchasing a property, you should receive clear title to the property at closing. Title will allow you, as the buyer, to have the right to use the property. When you purchase a property, you want to make sure that you are receiving clear title to the property. To protect yourself from any title defects that may arise, a clause should be included Read More

Knowledge Mondays – Homeowner’s Insurance Policy Period

What is a policy period? An insurance policy includes a policy period that states the time period in which your insurance policy will cover damages to your home. The start date on your policy is the date that your policy becomes effective and the end date is the last day that your insurance company will provide coverage for any damages that occur to your home. It is imperative that you are aware of your Read More

Knowledge Mondays – Do You Know What Your Insurance Deductible Is?

When choosing a homeowner’s insurance policy to protect your property, it is important to understand the deductible that is included. A deductible is the amount of money that you as a homeowner are responsible for paying in case of a loss. Almost every homeowner’s policy includes a regular deductible that is either a specific dollar amount or a percentage of the total amount that your house is insured for. This Read More

Caselaw Wednesdays – Reside: What Does It Mean?

Policies of insurance typically contain a section describing what the insurance covers as well as certain definitions. In most common policy forms, there is a section similar to the below: COVERAGE A-Dwelling We cover: 1. The alterations, appliances, fixtures and improvements which are part of the building contained within the “residence premises”; 2. Items of real property which pertain exclusively to Read More

Knowledge Mondays – What Does Homeowners Insurance Cover?

Although homeowners insurance is important, many Americans do not know what it is and what it covers. The most common policy sold to homeowners is the HO 3 policy form, or as it is generally known, an all risks form. While the form varies by company, generally, an HO 3 policy will cover damage to property unless it is specifically exempted or excluded. Common exclusions in an HO 3 form are: Flood;Earth Read More

Caselaw Wednesday – Res Judiwho?

Recently, the Third District Court of Appeal here in Florida decided any interesting issue regarding cases where lawsuits are filed by a remediation company under an assignment of benefits and also by an insured. In Brito v. Heritage[1], the Britos filed suit against Heritage to recover damages associated with their roof. A mold testing company also filed suit seeking to recover the cost of their invoice, billed Read More

So you think you have hurricane damage?

As Hurricane Dorian edges the coast of Florida, the potential for damage to property lessens by the day. However, winds from outer bands of the storm coupled with strong downpours of rain has the potential to create property damage. Many homeowners policies now include language in their provisions that limit the coverage for damage caused by rain unless an opening is created by a "covered peril." What that means, Read More

Florida Declares State of Emergency Ahead of Hurricane Dorian

Governor de Santis has declared a State of Emergency for all 67 Florida Counties. Under Florida Statutes, a public adjuster cannot charge you more than 10% to handle a claim associated with Hurricane Dorian after the State of Emergency has been declared. It is important to remember that ONLY a licensed public adjuster or an attorney can represent a policyholder in the handling of an insurance claim. Do not fall Read More