What is Insurance Company Bad Faith?

Many in our industry forget that insurance companies in Florida, at least in the first-party context, did not traditionally owe a duty of good faith and fair dealing. See Baxter v. Royal Indem. Co., 285 So. 2d 652, 656 (Fla. 1st DCA 1973). In fact, it was not until 1982 that the Florida legislature enacted what is now commonly called "the Bad Faith Statute." Under Florida Statute 624.155(1)(b)(1), a person may Read More

Why Everyone Needs a Will—Including You

Often, people’s minds conjure images of sprawling, well-manicured lawns, vast mansions, and huge bank accounts when they hear the words “estate planning.” That reaction is warranted; tabloid magazines and websites are quick to report on disputes that arise between heirs of celebrities. The truth is that Wills, trusts, and other estate planning documents are not just for the rich and famous—they’re for all adults with Read More

Case Law Wednesday – Appraisal on a Denied Claim

Homeowner and business insurance policies typically contain an appraisal provision. We have previously discussed on this blog what appraisal is. However, not every claim can be sent to appraisal. In a recent case, Cypress Prop. & Cas. Ins. Co. v. Empire Mitigation, the appellate court decided that a case should NOT be sent to appraisal because (a) the contract did not allow it and (b) the insured had waived Read More

First Time Home Buyer?

Buying a home is a dream for many and turning into a reality can seem a little scary with all of decisions and steps involved, but it isn't impossible. These are some of the important steps and questions all homebuyers should keep in mind: 1️. Take an inventory of your personal finances, including credit score and outstanding debt, how much have you saved for a down-payment, and closing costs. 2. Be Read More

Knowledge Mondays – Closing Delayed by Hurricane?

Purchasing a property at any time can be a hectic process filled with bumps along the road. However, purchasing a property during hurricane season can be hectic and frustrating as a hurricane can threaten your closing. Therefore, it is important to note the disruptions that may be caused by a hurricane to your closing. One of the biggest disruptions is that insurance companies do not issue new policies once a Read More

Knowledge Monday – Reporting an Insurance Claim After a Hurricane

We have officially started Hurricane Season. During this 2020 Hurricane Season, top hurricane forecasters have anticipated up to 16 tropical storms, 8 of which will become hurricanes and 4 of which will become major hurricanes. If your property suffers property damage due to a hurricane, wind, water, or all three, it is important that you are prepared to file an insurance claim. The following are 5 tips to help Read More

Knowledge Monday – Continuing to Prepare for Hurricane Season

After filing an insurance claim, an insurance company expects an insured to follow the post loss obligations that are set out in the insurance policy. Post loss obligations are conditions that the insured must perform after they have experienced damage to their property. Typically, an insurance company will also expect an insured to provide photographs of the property before the damage. In most policies there is Read More

Knowledge Monday – Continuing to Prepare for Hurricane Season

As we continue to prepare for the upcoming active Hurricane season, homeowners and business owners should prepare an inventory of their personal items. Hurricanes can cause damage to your home or business due to wind, water, or both! This damage could be to the structure of the property, the roof, and/or the personal items in your home. In order to ensure that your insurance company provides coverage for your damaged Read More

Case Law Wednesday – Who has to be produced at an Examination under Oath?

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. These obligations typically include examination under oaths of the insureds and the public adjuster. An examination under oath is a formal proceeding where an insured is questioned by an insurance Read More

Knowledge Monday – Preparing for Hurricane Season

With 2020 Hurricane season right around the corner, it is critical that property owners and business owners prepare for what seems to be an active hurricane season. As a property and business owner, you should be aware that hurricane season starts on June 1 and ends on November 30. Throughout these months, insurance coverage will skyrocket, thus it is important that your business and property are protected with Read More