Become a Member: JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Florida Insurance Journal Report:  Claims Litigation Not Named as Major Factor in Florida Insolvencies

Florida Insurance Journal Report: Claims Litigation Not Named as Major Factor in Florida Insolvencies

  • Posted: Jul 28, 2023
  • By:
  • Comments: Comments Off on Florida Insurance Journal Report: Claims Litigation Not Named as Major Factor in Florida Insolvencies

Head Scratcher? Claims Litigation Not Named as Major Factor in Florida Insolvencies

 

Despite years of complaints from Florida property insurers and some lawmakers that out-of-control claims litigation was destroying the industry, recent regulators’ reports about the reasons for insolvencies make little mention of the “L-word.”

The omission has prompted some head scratching and new questions by policyholder representatives.

“That’s ridiculous,” said Gina Clausen Lozier, a south Florida plaintiffs’ attorney. “You’d think with all the concerns about litigation in the last few years that would be number one on the list.”

The Florida Department of Financial Services’ Division of Rehabilitation and Liquidation posted its 2022 Annual Report in April. It recently caught the eye of advocates for homeowners, policyholders that have seen premiums spike in Florida while at least 10 insurers have become insolvent since early 2021. The R&L report’s page 7 lists “factors contributing to insolvency,” including:

  • Inadequate capitalization or asset deterioration
  • Improper management
  • Insufficient claim reserves
  • Rapid premium growth
  • Inappropriate transactions with affiliates or subsidiaries
  • Inadequate premium rates
  • Natural disasters or catastrophic losses
  • Change in business conditions
  • Reinsurance market issues.

Claims litigation, which industry supporters have often called the number-one reason for insurers’ financial troubles in Florida, and which led to major legislative reforms in the last five years, is not mentioned directly in the report. That suggests that insurance company leadership and corporate structure, not trial lawyers, are more to blame for mismanaging operations and failing to maintain adequate reserves, said Doug Quinn, executive director of the American Policyholder Association, a national, non-profit group that advocates for investigations into insurers’ claims practices.

“All of the finger-pointing and scapegoating at consumer fraud, excess litigation, and roofing scams are just to divert attention away from what’s really going on behind the scenes,” Quinn said. “There’s a lot of finger-pointing at outside parties, but failing at business is an inside job.”

A Department of Financial Services official, responding to questions from Insurance Journal, said claims litigation is a factor behind the factors listed in the report. The R&L annual report examined insolvencies from 2017 through 2022, including the liquidations of St. Johns Insurance Co., Avatar Property and Casualty Insurance, and Southern Fidelity Insurance, said Devin Galetta, communications director for Florida’s chief financial officer, Jimmy Patronis.

“While the words ‘claims litigation’ do not appear on that particular page, the reality is that during the period covered by these reports, 79% of the nation’s homeowners insurance lawsuits were filed in Florida while the state only accounted for 9% of the nation’s homeowner’s insurance claims,” he said in an email, citing an oft-quoted statistic compiled by the Florida Office of Insurance Regulation, based on data from the National Association of Insurance Commissioners.

“‘Claims litigation’ is a driving factor for many of the listed insolvency factors, including asset deterioration, insufficient claims reserves, inadequate premium rates, reinsurance market issues and changing business conditions,” Galetta said.

He added that litigation is not the only force behind recent insolvencies. “But it is a throughput that causes a wide variety of disruptions to the insurance market as initial estimates of a storm’s cost continue to increase for months or years after a storm makes landfall, due to litigation costs.”

Other factors include sharply rising reinsurance prices and inadequate premium levels, which are included in the report.

The spike in reinsurance rates in the last three years reflects excessive claims litigation as much as anything, said Kevin Comerer, a consultant and registered lobbyist with Rubin, Turnbull & Associates, in Tallahassee. He was previously legislative director for a major Florida property insurer. Comerer noted that reinsurers have pulled back from the Florida market and have raised prices in large part because litigation soared between 2018 and 2023.

“You were seeing losses in year two and three that were equal to or greater than year one after a hurricane, and that was all because of an explosion of roof claims and lawsuits,” he said.

The R&L annual report isn’t the only regulatory document that doesn’t emphasize litigation as a driving force.

The division is required by state law to produce port-mortem reports each time an insurer is deemed insolvent. The division’s website lists insolvency reports only through 2019, but Galetta provided initial reports for four insurers that went out of business in 2022 and 2023: United Property and Casualty Insurance Co.; FedNat Insurance; Weston P&C; and Southern Fidelity.

In two of those reports, for FedNat and for Weston, claims lawsuits, litigation and attorneys fees were not listed.

“Despite significant capital infusions in 2020 and 2021, FNIC’s surplus as regarding to policyholders continued to decline,” the 7-page FedNat report notes. “Additional factors included poor operational results, limited access to additional capital, and a jeopardized financial stability rating.”

For Weston, the division said weather events played a significant role.

“The company had insufficient assets or reinsurance to pay potential claims to policyholders during the 2022-2023 Atlantic Hurricane season,” the report said. “Despite actions taken by Weston to improve its financial condition, including a Capital Management Plan and Risk Based Capital Plan, Weston’s surplus as regards policyholders continued to deteriorate and ultimately led to the company’s referral for delinquency proceedings.”

For United and Southern Fidelity’s delinquency proceedings, lawsuits were named as one contributor.

“UPCIC’s losses over multiple years affected its surplus,” the United report noted. “The large percentage of litigated claims drove up its costs. The $140 million reserve deficiency related to Hurricane Ian in September 2022 resulted in the company’s referral to the Department for delinquency proceedings.”

Florida insurance defense attorneys, carrier executives, industry lobbyists and prominent legislators in recent years have also pointed to assignment-of-benefits agreements as a major problem, leading to wildly inflated roof and water-damage claims and unnecessary litigation. The Florida Legislature in 2019 approved measures to limit AOBs. In 2022, lawmakers barred one-way attorney fees in AOB litigation, then outlawed AOBs altogether.

Only the Southern Fidelity insolvency report lists AOBs as a factor.

“Litigated claims related to Assignment of Benefits claims drove up costs in 2014-2015,” the report reads. “Losses from Hurricane Ida in 2021 are projected to exceed the top of the company’s catastrophe reinsurance tower. Ultimately, Southern Fidelity’s failure to secure a reinsurance program for the 2022 hurricane season and the late development of reserves for Louisiana claims exhausted the remaining surplus which resulted in the company’s referral for delinquency proceedings.”

Quinn and others have maintained that litigation has played a smaller role in financial losses than industry leaders have said, and intricate corporate structure and “profit shifting” are more to blame. At the May 2022 Florida special session on insurance reform, several Democratic lawmakers, including then-state Sen. Gary Farmer, D-Broward County, said that a number of companies had diverted profits to managing general agencies, leaving the actual insurance companies with inadequate reserves.

Quinn suggested the DFS reports bear that out with their references to “inappropriate transactions with affiliates or subsidiaries.”

“Properly managed and reserved companies do not go under,” Quinn said.

Industry advocates have strongly disagreed, noting that most insurers would not deliberately bleed themselves dry. Instead, they have argued, under the perfect storm of Florida statutes and court decisions that evolved over the last two decades, claims lawsuits and fraudulent roof claims became a cottage industry that exploded as some plaintiffs’ attorneys took advantage of prevailing-attorney fees and fee multipliers.


Thank You to the Cohen Law Group for sending us this article.

At Cohen Law Group, It’s About Justice!

“It’s About Justice” is more than a slogan. It is our firm’s mantra. The motto was developed by our founder, Harvey V. Cohen. We are aggressive, zealous advocates for our clients’ rights. Our commitment to our clients is evident by our prompt reply to all phone calls and our 24 hour availability through our phone answering service.

Effective legal representation requires experience and dedication to protect the rights of those who have entrusted us with their legal options and rights. Cohen Law Group has successfully represented many Florida residents throughout the years in various legal matters.

 

 

Tags: ,
Apr 19 Free Lunch & Learn: How To Select A Contractor. | Sponsored by KBRLegal

Apr 19 Free Lunch & Learn: How To Select A Contractor. | Sponsored by KBRLegal

This one-hour class will guide association members, CAMs, and building managers through the process of how to select a contractor for an upcoming commercial project. It starts with knowing your stakeholder, creating an RFP, hosting a pre-bid meeting, evaluating the quotes, and ends with making your contractor recommendation.

Wednesday, April 19, 2023

Meet the sponsors at 11:30 a.m.

Class begins at 12 p.m.

 

Capriccio Ristorante

2424 N University Drive, Pembroke Pines, FL 33024

1 Credit OPP/ELE

Course #9631934 | Provider #0007984

 

Register on Eventbrite by April 18. Space is limited.

Lunch is generously sponsored by: SFPMA Members.

Bashor & Legendre, LLP

Centennial Bank

Kaye Bender Rembaum

M.A. Construction Group

Rainbow Roofing Solutions

United Claims Specialists

Wayne Automatic Fire Sprinklers, Inc.

WeDry USA

Tags: , ,
Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas. by Dynasty Building Solutions

Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas. by Dynasty Building Solutions

  • Posted: Apr 02, 2023
  • By:
  • Comments: Comments Off on Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas. by Dynasty Building Solutions

Dynasty helped over 1,500 property owners get new roofs paid for by their insurance company in the Tampa, Sarasota, and Orlando areas.

by Dynasty Building Solutions

Not All Roof Damage is Obvious

There are some unmistakable signs that you need a roofer pronto. For example, if a hurricane caused a large tree branch to become lodged in your roof, you would not hesitate to call Dynasty Building Solutions immediately. Most of the time, however, the signs that you need to call your roofing company can be more subtle. Since roof damage can turn into water damage, mold, and other major problems here in the hot and humid Tampa area, it’s important to be alert for some of the following issues so you will know to call us for an inspection, a roof repair , or even a roof replacement. Here are some signs that you should get in touch as soon as feasible. 
Water Damage
Water Stains on Your Walls or Ceilings:  If you’re noticing dampness or water stains on your ceilings or interior walls, this is a clear sign that you have a leak somewhere. Of course, the leak might not be from your roof, so it pays to do a little bit of investigative work. You might have a leak caused by condensation on your central air vents, for example, or you might be dealing with a dripping pipe in an upstairs bathroom. If you can’t quickly detect where the water is coming from, however, it’s wise to get a roof inspection done promptly.
As you probably know, water damage in Southwest Florida is likely to turn into mold pretty quickly, and water stains on the ceiling are a good indication that you’ve got at least some minor water damage. If the stains have been there since you moved in and they haven’t gotten any worse, then chances are good that you don’t have an urgent problem, but if they feel damp or if they seem to be growing, that’s an issue that needs to be addressed right away.
Storm Over Neighborhood
Dripping or Leaking During Rainstorms:  The downpours in this part of Florida during the rainy season can be impressive, but they should not cause any dripping or leaking in your attic. If you haven’t been in the attic in a while, try to check it during the next afternoon storm to make sure that you don’t see or hear any dripping or leaking. Shine a flashlight into the corners to check it visually; only go into the attic if you are sure you can do so safely. If you see, hear, or feel water coming in, call us right away so we can see what the problem is.
In some cases, a leak in the attic will mean that you need the roof replaced, but other times, it will only require a repair. Better to get it addressed as soon as possible to prevent further damage that can lead to a more extensive (and expensive) solution.
Torn roof shingle
Missing, Torn, or Curled Shingles:  If you can use a ladder safely to check your roof or if you can see parts of it from the ground, watch for missing, torn, or curled asphalt shingles. When a shingle is damaged, it can allow water to penetrate the underlayment or the wood beneath. In many cases, a simple repair is all that is needed, but you will need to have an inspection. Remember that since water flows from the peak of the roof down toward the lower elevations, torn shingles toward the top of the roof could be causing damage down below. Let one of our inspectors take a look and see whether there is any damage that needs to be addressed.
Damp or Darkened Shingles
Similarly, if you see one section of asphalt shingles that are darkened or that feel damp when the rest of the roof is dry, you’ll want to have that checked. If shingles are holding onto moisture, it could mean that the material underneath is wet, which is a problem. All of your shingles should look about the same; if one area looks different in any way, that is a sign that an inspection and possibly a repair is needed.
House Gutter
Tiny Black Rocks in Your Gutter:  When you clean out your gutter, it’s normal to find leaves, small twigs, and some dirt. If you are seeing what looks like a lot of tiny black rocks or coarse black sand in your gutter, however, that is a sign that the granules, which is the material on asphalt shingles, is washing off. This is a sign that the roof is degrading and will likely need to be replaced soon.
Pinpoints of Light Shining Into Your Attic or Upper Level
Your roof should be creating a seal that water can’t get through. If there are parts where you can see pinpoints of light (or, worse, larger swaths of light) shining through, water might be able to get through those same spots. On a sunny day, go up into your attic access and look around in the dark, leaving the light off. Any sunlight peeking through should warrant a call for a roof inspection.

Only a Trained Professional Roof Inspector has the Knowledge to Identify All Forms of Roof Damage 

Roof Water Damage

Roof Inspection to Look for Damage

Some storm damage is easy to spot. If you see shingles that match your home’s roof in your front yard after a storm, you can probably assume that your roof has sustained storm damage. If strong winds blow over a tree and it crashes into your roof, you’ll be able to see it, and you’ll probably have heard it when it happened. You’ll know that you need to contact your home insurer and a roofing professional. However, often storm damage isn’t so obvious. You may have a water leak, but you can’t determine quite where it’s coming from. After a tornado or hurricane, you may have damage that you can’t see – a hole that’s too high up or located in a spot that just isn’t visible from the ground, for example. Shingles that blow off in a strong wind may not necessarily land in your own yard – they could end up far enough away that you never see them. Because hidden roof damage is a real possibility, it’s important to have your roof inspected after a severe storm. Roofing professionals are trained to find hidden roof damage. They’re also trained to inspect your roof safely. A fall from a roof can be quite serious, and a roof after a storm can be especially dangerous, as there might be spots that are slick or soft that you’re not expecting, so it’s best to let the professionals handle it. Take a look at some of the things that a roofing professional may be looking for after a storm.
Water Damage and Leaks
It’s easy to believe that if you have water damage or your roof is leaking, you’d notice it right away. However, the truth is that it’s easy for water damage and evidence of leaks to go unnoticed. The water may be pooling somewhere that’s not obvious, or the leak may be limited to the attic, garage, or some other location where it might be less noticeable. Part of the job of inspecting for damage after a storm is checking the interior of the home for signs of leaks or water damage. You may not have noticed the signs, or you may not be able to place the source of the leak if you did. But a roofing professional will know what signs to look for and will also be able to follow the leak back to its source and find out which part of the roof is letting water in.
Damaged Shingle Roofing RepairMissing and Damaged Shingles or Tiles
You might think that even if you don’t find missing shingles or tiles in your yard, you’d be able to see bare spots where they used to be if you lost some during a storm. However, that’s not necessarily the case. Depending on the design of your roof, parts of it may not be visible from the ground, and if those parts are missing shingles or tiles, you wouldn’t know it without going up there to inspect.
Tiles and shingles can also be damaged in a storm in a way that’s not visible from your position on the ground. For example, hail can leave damage that comes in the form of dimples or granules knocked off of the shingles. Chunks of hail may also be heavy enough to crack tiles. In either case, the roof may look fine to you, but this type of damage can weaken your roof. Even if it doesn’t cause leaking immediately, it may lead to leaks over time. Your roof also may not hold up as well against the next storm. For these reasons, it’s important to have a roofing professional check for shingle or tile damage that is only visible from the roof.

 

Damaged Gutters and Flashing

One thing that you may not think to look for is damage to your gutter system and roof flashing, Your gutter system is important for more than just your roof. Keeping your gutters clear and flowing freely protects your home’s foundation by preventing water from pooling around the house. It also protects your landscaping and siding. Clogged or damaged gutters can cost you a lot in repairs, so it’s important to have them checked following a storm. If your gutters are dented or broken in places, they may be more susceptible to clogging or they may allow water to pool in ways that cause damage to your home.
Your roof’s flashing is also vulnerable during a storm. Flashing is often made of galvanized aluminum (most common of roof to wall) or copper and it’s placed in between roof joints, where it helps protect your roof against water leaks. The places between joints are some of the most vulnerable spots in the roof, so flashing acts a reinforcement. But because it’s located in places that are at higher risk for damage, flashing itself is more likely to be damaged during a storm than other parts of the roof. Flashing can become warped or begin to crack after being exposed to severe weather. It can also be torn away entirely, especially during weather events with severe winds, like hurricanes and tornadoes. Roofing professionals understand the importance of flashing and know where to look to see if it’s been damaged.
If your roof has a warranty, you may be required to have regular roofing inspections and make timely repairs in order to keep the warranty valid.
If you let your roof fall into disrepair, such as by failing to have it inspected and repaired following a major storm, the warranty may not be honored. Your home’s insurer may have rules about roof inspection and repair as well. If you file a claim for damage and your insurer determines that the damage was exacerbated because you didn’t have an inspection or schedule a repair earlier, they could deny your claim or approve only part of it, leaving you with a higher repair bill than you planned on. Your best bet is to make sure that you have your roof inspected after serious storms and take steps to repair any minor damage right away before it can become major damage.

 

 
Choosing The Right Roofing Company Can Be Challenging
Your home is the single largest investments you will probably make in life. One of the biggest challenges many homeowners face when needing to repair, restore , or install new roofing to their property is choosing the right company for the job. In an emergency, choosing the right roofing company to repair damage from storms, fallen trees, termites or any other urgent issue can be critical in getting your home and life back to normal. Likewise, qualified experience is vital when restoring or building new roofing. Your roofing contractor should not only ensure the use of quality products and workmanship but have the expertise and qualifications for installing a range of roofing designs and materials.

6 Tips to Help You Decide 

Finding a roofing contractor who meets these criteria who is also trustworthy, honest, and professional can often be difficult. You need to know that your investment is in safe and reputable hands and your home is protected along with your wallet. Here are 6 tips to help guide you when choosing the right contractor for your roofing project.

1. Local roofing services are invaluable. They are more familiar with local rules and regulations and should have a good relationship with local suppliers. There also less chance of issues and scams when choosing a contractor from your area.

2. They should have a Better Business Bureau (BBB) accreditation. BBB contractors are required to maintain satisfactory ratings with the Better Business Bureau in order to retain their certification. This means customer satisfaction.

3. Check they offer an extensive warranty. It might take months or even sometimes years for incorrect installation or damage to reveal itself. Contractors that offer extended warranties on workmanship, especially for roof restorations , are going to be worth pursuing. Also, look at the manufacturer’s warranties on the types of materials used as it important to know that a manufacturer has done their due diligence in designing a quality product.

4. Safety is vital. A contractor should provide adequate safety training program for all its staff. A team that has been properly trained in roofing installation will ensure your roofing work is completed by quality professional roofing installers with integrity to personal and property safety. Most states require safety certification and licensing for contractors.

5. A reputable contractor will be able to handle any insurance claims for you so you can take advantage of the premiums you’ve already been paying. This helps to make the whole process easier and more affordable for you to have your roofing work done. Likewise, a reputable roofing contractor should also have adequate insurance coverage to protect the homeowner from liability in the unfortunate case a roofing employee sustains an injury at the home.

6. Get to know the roofing materials available. A good contractor will be able to offer you different roofing material options available for your home. However in some areas, HOA guidelines may dictate which type of roof you can have installed. The style and color of the roof you install can also affect the value of your home. A qualified roofing contractor will be able to guide you on this.

 

Contact us now to see if you qualify!

Our ROOFME Program (Roof Maintenance Evaluation Program) is a FREE program for property maintenance companies which provides one free annual property inspection and discounted repair services for our members.

 

Victor Lupis / Owner
Dynasty Building Solutions 
Office: (813)321-3269
Fax: (813)333-9697
www.DynastyBuildingSolutions.com
Tags: , ,
As a homeowner, it is important to know Common Property Damage Claims. by Joseph Maus

As a homeowner, it is important to know Common Property Damage Claims. by Joseph Maus

  • Posted: Apr 02, 2023
  • By:
  • Comments: 0

Common Property Damage Claims. As a homeowner, it is important to know

A home or office building is the most important purchase most of us will make during our lifetime. Most of us buy insurance coverage – windstorm, liability, flood, homeowners, and business interruption – to protect our homes and businesses. Yet, today’s insurance policies are lengthy, complex contracts full of exceptions, exclusions, deductibles, and conditions that make the policy difficult to read, and sometimes even more difficult to recover from for your damage. When you call the Maus Law Firm, a top Fort Lauderdale property damage lawyer will handle property damage claims.

Disagreeing with Your Insurance Claim for Property Damage

You have four options if you disagree with the amount the insurance company is offering you for your damage:

Most insurance companies create entire TV marketing campaigns designed to say that you’re part of the insurance company’s “family”. However, the reality of the insurance business is that insurance companies exist to make money. That means that insurance company needs to minimize the amount of claims it pays out; meanwhile, maximizing the premiums that it collects.

When an insurance company doesn’t offer to pay you the full (or fair) amount of your property damage, you need to be prepared to fight. While many homeowners are hesitant to go to court – fearful of a lengthy or expensive legal battle against a big-name insurer – settling for less than your claim was worth can end up costing you more in the long-term. The repairs your home needed can continue to pile up, lowering the value of your property. Hiring the best Fort Lauderdale property damage lawyer you can find will save you the headache later.

The Process for Property Damage Claims & Florida Property Owner’s Obligations

When making insurance claims for property damage, it is helpful to know how the process typically unfolds. Our Fort Lauderdale property damage lawyer knows that while there are many potential scenarios, the property owner should first understand their own obligations under the insurance policy. Second, the property owner should understand the reasons for the insurance company’s denial of their claim.

Any property insurance policy will place some obligations on the property owner when they make a claim for property loss. These obligations will differ from policy to policy, but the following are several of the most common requirements.

  • Notice of Loss: The property owner is generally required to provide notice of the loss to the carrier promptly. The policy should provide a specific deadline. Failure to meet this deadline could result in the claim being barred.
  • Protect Against Further Damage: The property owner is also required to take reasonable steps to protect the property from further damage. For example, if the roof of a property is damaged by a hurricane, the property owner must attempt to place temporary covering to protect the interior. However, the exact conduct that is considered “reasonable steps” will often be subject to interpretation.
  • Proof of Loss: After making a claim, the property owner will need to submit a proof of loss statement. This statement is generally signed under penalty of perjury and itemizes the damages. A typical deadline for the proof of loss is 60 days after a request by the insurance carrier.

How a Fort Lauderdale Property Damage Lawyer Can Help You with Your Homeowner’s Insurance Claim

Unfortunately, even if you have paid your homeowners’ insurance premiums on time for decades, this does not guarantee that your insurance company will treat you fairly if you need to file a claim. Bad-faith insurance claim denials are common, and homeowners can run into various other issues with their property damage claims as well. As a result, if you need to file a homeowners’ insurance claim, it is a good idea to hire an attorney. Here are just a few examples of the ways an experienced Fort Lauderdale property damage lawyer like Joseph Maus can help:

1. Determining If Your Claim is Covered

Before you devote the time, energy and resources to pursuing a property damage claim, you first need to determine if your claim is covered. An experienced Fort Lauderdale property damage lawyer will be able to review your homeowners’ insurance policy and assess the damage to your home in order to determine if your insurance company is liable.

2. Dealing with Your Insurance Company On Your Behalf

If you have a claim, your attorney will be able to deal with your insurance company on your behalf until your claim has been fully and finally resolved. This important for a few different reasons: (i) Florida’s insurance laws are complicated, and asserting your legal rights can be difficult; (ii) in some cases, there will be a legitimate dispute as to whether a homeowners’ insurance policy applies; and, (iii) successfully pursuing a homeowners’ insurance claim for significant property damage takes time, and you will need someone to handle your claim while you focus on work and your day-to-day life.

3. Overcoming Bad-Faith Coverage Delays and Denials

As we mentioned above, insurance companies routinely deny policyholders’ property damage claims in bad faith. If your insurance company is not handling your claim appropriately, you may need your attorney to take legal action on your behalf. If you have a claim for insurance bad faith, then you can seek compensation above and beyond the amount of coverage to which you are entitled under your policy.

Common Claims for Property Damage in Fort Lauderdale

When can you file a property damage claim? As a homeowner, it is important to know when you are entitled to insurance coverage and when you may need to come out of pocket to cover repairs to your home. With this in mind, here are some examples of common property damage claims in Fort Lauderdale:

  • Storm Damage Claims – While homeowners’ insurance policies do not cover flood damage caused by hurricanes and tropical storms, they do cover other types of storm damage.
  • Tree Damage Claims – If a tree in your yard fell on your home, your homeowners’ insurance policy should provide coverage.
  • Water Damage Claims – Water damage caused by leaking pipes, HVAC system failures and other similar types of issues should be covered under your homeowners’ insurance policy.
  • Fire Damage Claims – Fires from lightning strikes and other causes are generally covered as well, and your policy should cover your home as well as its contents.
  • Mold Claims – Mold claims are often disputed; but, if your house has mold from a “covered peril,” then the costs of remediation should be covered.
  • Theft Claims – If your home has been burglarized, your homeowners’ insurance policy may provide coverage for any damage that occurred during the break-in in addition to the value of your stolen property.

Here are 6 common property damage claims;

#1 Storm Damage, #2 Tree Damage, #3 Water Damage., #4 Fire Damage, #5 Mold, #6 Theft.


Where do you turn to get help?

The Maus Law Firm has been successfully handling insurance-related claims since 1993. We will competently and aggressively represent you in your homeowner property damage insurance claim, or commercial business insurance claim.

Call 954-784-6310 or

visit our website now, for a free consultation.


SFPMA & Members are ready to Handle Storm Damage & Claims for Condo and HOA Properties!

Trusted Members are; Legal Firms, Public Adjusters, Roofing, Engineering & Restoration Service Companies that work with you on Solutions to Storm Related Damage.

This is a Division of SFPMA – http://FloridaAdjusting.com


 

Tags: ,
ZOOM: All About Insurance | Juno Beach Town Hall w/Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)

ZOOM: All About Insurance | Juno Beach Town Hall w/Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)

All About Insurance | Juno Beach Town Hall

9:00 am-11:00 am 02/24/2023

Juno Beach Town Hall
340 Ocean Dr, Juno Beach, FL 33408, USA

Coffee, Registration and Networking 9:00am | Seminar begins at 9:30am

To attend at the venue: RSVP to (302)588-3104 or email junobeachforum@hotmail.com

Attend via Zoom: Click HERE


The marketplace for insurance – Why are companies leaving Florida or choosing not to insure? What is the role of Citizen’s Insurance?

What is in the recent legislation that is helpful to condo associations and HOAs?  Is there more legislation looming?  How does helping the insurers help owners and associations?

Which upgrades to your facilities will positively impact on an insurer’s willingness to insure your association?

Panel:

  • Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)
  • Chris Banker, President (Patriot Insurance)
  • Steven Mock, Risk Manager (Brown and Brown Insurance)

 

Tags: , , , , ,
Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

  • Posted: Nov 21, 2022
  • By:
  • Comments: Comments Off on Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

In Florida during our Wicked storm season Condo’s and HOA’s need protections like those ruby slippers Dorothy wore while she went looking for a way home.

SFPMA and our Members are here to help!

STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

Has your Home, Condo or HOA Sustained Property Damage?

SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.

With the know-how and experience to analyze, evaluate, and negotiate the best settlement for your Insurance Claim!

“Get the maximum settlement for your damage claim!”

 

From Roof Leaks, Windows Broken, Trees up rooted, and electric lines that snap, to the inside from pulling permits to repairing damage from broken pipes, Mold and Mitigation and restoration companies, construction repairs, to finding the right engineering company to inspect structural integrity with an understanding of leak detection and injection to prevent water intrusions. Just some of the member companies
lined up to help you during Florida’s Storm Season ready to repair your properties and completed.

SFPMA and  FloridaAdjusting.com

Is pleased to provide you with The Top Florida Adjusters, Roofing repair companies and Law Firms that fight on your behalf with the Insurance companies to get your claims paid fast.

When you dont know who to call or your insurance company will not pay the total cost of you estimated Damage when Water intrusions can destroy a building’s structural integrity, harbor mold, and become a serious hazard.

 

Use your Brain, Have some heart and with the knowledge each one of the members bring to settle your claim and fix the damage you will be way ahead of any other person who needs their home protected and repaired!

 

Find Legal firms, Public Adjusters, Roofing Companies, and general contractors that are full Members of sfpma, these professionals are ready to help get your properties ready and repaired after the storms all of these companies are working together with insurance companies and will repairs damage and fight for your rights.

 

Tags: ,
Prepare for Tropical Storm Nicole by Cohen Law Firm

Prepare for Tropical Storm Nicole by Cohen Law Firm

Prepare for Tropical Storm Nicole

by Cohen Law Firm

Homeowners & Property Owners Preparedness Tips:
It is extremely important for you to have records of your property’s condition in the event that you need to file a claim with your insurance company.
Before The Storm:
  • Take photos of your property- Interior of Home, Exterior of Home, Roof, Pool and Pool Area, Fencing, Trees, Front Yard, Back Yard.
  • If you are not able to take photos before a storm, collect the most recent photos you have taken of your property.
  • Document belongings- with proper documentation, you may also be able to recover lost expenses for home contents, personal property, and other items. Here is a list of some items to consider keeping receipts for or appraising: Televisions, Furniture, Jewelry, Artwork, Appliances, Computers, Antiques, Beds, Decks, Other Electronic Equipment
  • Know what is in your homeowner’s insurance policy.
  • Have records of your property’s condition in the event that you need to file a claim with your insurance company.
  • Review your mold coverage.
  • Review your flood coverage. This is normally separate insurance policy.
  • Ask your insurance agent about coverage for water damage, law and ordinance, debris removal, and additional living expenses.
  • Check your hurricane deductible, it can be much higher than your regular deductible.
  • Have a plan to move yourself and your family – especially those with special needs.
  • Have a portable radio, TV or NOAA Weather Radio on hand to monitor important information.
  • Homeowners who depend on well water should draw an emergency supply.
  • Get cash or travelers checks in case banks or ATMs are not operational.
  • Ensure all your electronic/mobile devices are fully charged.
  • Gather important documentation and place in waterproof container.
  • Make arrangements for pets; emergency shelters may not let you bring your animals with you.
  • Find out where the nearest shelter is located and the routes to get there.
  • Fill your automobile(s) with gas or ensure your electric vehicle is charged.
  • If you have an emergency power source, learn how to use it properly.
After The Storm:
  • When it is safe to do so, photograph your property’s: Interior, Exterior, and Roof
  • Consult with an attorney experienced in handling insurance claims before giving any recorded statements or meeting with an adjuster assigned to the claim.
  • Call the insurance carrier and timely report the claim.
  • Homeowners should obtain an inspection by a qualified contractor and/or roofer to assess whether the hurricane force winds have damaged or diminished the roofing system and building envelope.
  • Take photos and record the questions and answers when talking to adjusters.
  • Make sure to keep track of the name and number of every person you talk to at your insurance company.
  • Check your Co-Insurance penalties.
  • Make a copy of the insurance policy and keep it in a safe place.
  • Check your policy coverages and sublimits.
  • Just because water has not began to enter the structure does not mean that there is not damage to their property.
  • We have seen too many homeowner claims where an engineer is hired months after the storm and the engineer states the damage preexisted the hurricane.
  • For more information about the work we do with insurance claims, Click Here.
Business Owners Preparedness Tips:
  • Businesses should pay close attention to the storm’s forecast over the weekend. The National Hurricane Center releases a new full advisory every 6 hours, at 5am, 11am, 5pm and 11pm EDT. They are issuing intermediate advisories every 3 hours, between the full advisories (1am, 8am, 1pm, 8pm EDT.)
  • During this time, it’s important to review your disaster and emergency communication plan.
  • Backup all data on servers and personal computers and ensure remote access is available.
  • Ensure your equipment is raised above potential flood levels.
  • Review your insurance policies to mitigate any possible gaps in coverage.
  • Protect and duplicate important business documents and records. Be sure they are accessible from anywhere.
For More Information Click The Link Below:
Tags:
10 Tips to Maximize Your Property Insurance Claim by The Maus Law Firm

10 Tips to Maximize Your Property Insurance Claim by The Maus Law Firm

  • Posted: Nov 03, 2022
  • By:
  • Comments: 0

10 Tips to Maximize Your Property Insurance Claim

by The Maus Law Firm  / Call (954) 784-6310  now for a free consultation.

 

#1). Take photos of the damage, right away.

#2 Don’t Let the Problem get Worse.

If you have roof damage, add a tarp to cover the damage. Your insurer will not cover you for damage that you could have prevented. You will be able to claim reimbursement for these temporary repairs

#3) Save your receipts

#4) Preserve or Save Damaged Items.

You will want to clean up and throw out items that are beyond repair – They are evidence, so show your insurance adjuster.

#5) If damage affects your neighbor, do not communicate or argue with them. Too many neighbors start disputes without realizing that their own insurance companies have a different views.

#6) Prepare a complete home inventory. Plan ahead of time. It will save you time and money.

#7) Your home inventory may include more items than you think.
Did you know interior AND exterior and landscaping items might be covered by your policy? Check to see if your policy covers food and sundries. Add up how much it will cost to restock the pantry and freezer.

#8) Examine the damage before the adjuster arrives.
You know your home better than anyone. Point out cracks, or breakage, indicating structural or related damage.

#9) Get your own repair estimates from contractors.

#10) Keep a log of all communications regarding your claim.
Include written correspondence, phone calls, voice mails, and email messages with your insurance company, contractors.
Be vigilant in monitoring bills and receipts.

 

The reality of the insurance business is that companies exist to make money. They need to minimize the amount of claims it pays out; while, maximizing the premiums that it collects.

Hiring the best Fort Lauderdale property damage insurance claims lawyer you can find, will save you the headache later. We will competently and aggressively represent you in your homeowner property damage insurance claim, or commercial business insurance claim.

 

Local: 954.784.6310

Email: Jmaus@mauslawfirm.com

 

 

 

 

 

Tags:
Maus Law Firm is devoted to assisting people with insurance claims.

Maus Law Firm is devoted to assisting people with insurance claims.

  • Posted: Aug 31, 2022
  • By:
  • Comments: Comments Off on Maus Law Firm is devoted to assisting people with insurance claims.

Maus Law Firm is devoted to assisting people with insurance claims.

Our Fort Lauderdale attorneys handle claims involving accidents and injuries as well as property damage.

 

Homeowner Condo and Business, Property Damage Claims and Personal Injury Claims.

A home or office building is the most significant purchase most of us will make during our lifetime. Most of us buy insurance coverage – windstorm, liability, flood, homeowners, and business interruption – to protect our homes and businesses. Yet, today’s insurance policies are lengthy, complex contracts full of exceptions, exclusions, deductibles, and conditions that make the policy difficult to read, and sometimes even more difficult to recover from for your damage.

The Maus Law Firm has the best attorneys to handle property damage claims. These are just a few of the questions you may deal with after suffering a house water damage claim, plumbing backup, or a broken pipe above your condominium unit:

In addition to these questions, there are several different types of policies offered by homeowner insurance companies that contain various types of coverage. There is a policy used for owner occupied properties, one for properties that are rented out, and yet another type policy used for condo units. Where do you turn to get help?

The Maus Law Firm has been successfully handling insurance related claims since 1993. The Firm is “AV” rated by Martindale Hubbell, the highest ranking for legal ability and ethics. The Maus Law Firm has been recognized continuously since 2011 by Florida Trend Magazine’s “Legal Elite” ranking, and named a “SuperLawer” by West Thompson Publishing. The attorneys at The Maus Law Firm will competently and aggressively represent you in your homeowner property damage insurance claim, or commercial business insurance claim.

Tags: , , ,
Everything You Need to Know About Hurricane Damage Claims in Florida

Everything You Need to Know About Hurricane Damage Claims in Florida

  • Posted: Aug 31, 2022
  • By:
  • Comments: Comments Off on Everything You Need to Know About Hurricane Damage Claims in Florida

It’s an unspoken secret among homeowners that hurricane damage in Florida is inevitable.

It’s not a question of “if”. It’s a question of “how long before it happens to me?” So before this year’s storm season kicks off, it’s a good idea to educate yourself on the hurricane damage claim process. The more you know, the better you’ll be able to navigate these waters when disaster strikes.

In this post, we’ll talk about different types of hurricane damage claims, what you can expect from your insurance company, and how to get help from a professional claims adjuster.

COMMON TYPES OF HURRICANE DAMAGE CLAIMS

The most common types of damage after a hurricane is damage to your windows from flying debris. This is almost inevitable, but it’s important to document the condition of your windows before the storm.

As a matter of fact, this advice applies to all types of damage. Take pictures before the storm. They can be your only way to prove that the damage happened due to the hurricane, and not weeks or months beforehand.

Siding, roofing, and doors are also frequently damaged in hurricanes. Again, this is due to high winds and flying debris or falling trees, so this kind of damage can happen many miles inland.

Another common type of damage is fires. It’s counterintuitive to think about fire damage when there’s rain falling down like God’s pouring buckets out of the sky, but it’s a real risk. Power surges and outages can cause appliances to malfunction, while leaks and flooding can cause short circuits and electrical fires.

Finally, there’s water damage. This doesn’t always happen due to flood water, either. It can happen due to a roof leak or window damage, or even because of a failed appliance leaking after the storm. Even mild water damage can lead to mold, so look out for leaking around windows or around your roof joists.

WHAT IS COVERED?

The short answer is that it depends on what kind of insurance you have. Basic homeowners insurance will cover most hurricane damage, but not damage from flooding. For example, you may be covered for water damage from a leaky roof, but not for a flooded laundry room wrecking your washer and dryer. A flood insurance policy will cover this gap in coverage. We talk more about this in our article on water damage.

Many parts of Florida are considered high-risk areas, so insurance companies place further restrictions on wind damage. In this case, you’ll need to have windstorm coverage in order to get reimbursed to damage to your roof or windows. If you live in a high-risk area, getting this coverage is a no brainer. It can be expensive, but it costs less than paying for these repairs out of pocket.

WHAT ISN’T COVERED?

There are a couple of things that your insurance definitely will not cover.

  • The first is damage due to negligence. For example, if you’re under an evacuation order and you leave a bunch of appliances plugged in, causing a fire, the insurance company may deny your claim due to negligence.
  • The second is damage to your vehicle. Even if it’s parked in a carport or garage, your vehicle will not be covered by your homeowners or flood insurance. Fortunately, it may be covered by your car insurance if you’ve purchased the right kind of coverage.

HOW TO DEAL WITH DAMAGE AFTER A HURRICANE

The first thing to keep in mind is that your home may not be safe to return to. Listen to authorities, and don’t return to your home if your neighborhood is supposed to remain evacuated.

Once you’re cleared to return, get your camera ready. Just as you did before the storm, take pictures of everything. Eventually, you’re going to need to clean up, but the claims process can drag on for months. If there’s a dispute, before and after pictures can make the difference between a successful claim and a failed one.

You may be tempted to throw out damaged furniture and appliances. Resist that temptation. Sadly, claims adjusters have to deal with fraud on a regular basis, so they’re liable to give you the stink-eye if you tell them that all your damaged furniture is at the dump, along with your 70-inch flat screen TV and your brand new, top of the line dishwasher. Save everything until the adjuster has come out, this will improve the validity of your hurricane damage claim.

On the same token, never sign an invoice with a contractor that doesn’t have an exact cost specified. Some shady contractors will write something like “for insurance proceeds” on their invoice, then try to get the whole value of the claim, instead of just the cost of their own work.

HOW CAN A PUBLIC ADJUSTER HELP?

Hurricane Damage Claimspublic adjuster is a claims adjuster who works for you instead of the insurance company. They get paid a percentage of the proceeds from your hurricane damage claim, so the more you receive, the more they make. This gives them a strong incentive to make sure you get every penny you’re entitled to.

Oftentimes, insurance adjusters will lowball repair estimates by using prices for the cheapest possible materials. Sometimes, they’ll even avoid going to damaged areas of the house to avoid having to make a note of the damage. A public adjuster works with you to find and document every bit of damage, and advocates for you with the insurance company.

If you think a public adjuster can help you, Contact Stellar Public Adjusting Services using our free web form. If your need is urgent, feel free to call us at 305-570-3519.

Our team of adjusters has a combined experience of several decades, and all of them work in-house. This means you’ll be working directly with a member of our team, and not with an independent contractor. Focus on rebuilding your home and your life. Leave the stress and paperwork to the experts.

Tags:
At Cohen Law Group, It’s About Justice!

At Cohen Law Group, It’s About Justice!

At Cohen Law Group, It’s About Justice!

It is more than a slogan, it is our firm’s mantra. The motto, developed by our founder Harvey V. Cohen was derived from our mission statement. We are aggressive, zealous advocates for our client’s rights. Our commitment to our clients is evident by our prompt reply to all phone calls and our 24 hour availability through our phone answering service.

Make sure your legal rights are protected by seeking the legal advice of an experienced Attorney. Contact Cohen Law Group.

Call us today at 407-890-0405 to see how we can help your legal needs. Or click here to fill out a free case evaluation.

 

Contractor Insurance Claim Dispute

Cohen Law Group stands up to these insurance carriers in valid contractor insurance claim disputes. Contractors have a right to be paid, just as the policy holder they are working for has a right to have a valid insurance claim paid.

Homeowner Insurance Claim Attorney

Have you had an insurance claim denied, partially paid, or reduced? If so, we may be able to help. Cohen Law Group stands up to these insurance carriers in valid homeowner insurance claim disputes.

Business Owners Insurance Claims Dispute

Cohen Law Group stands up to these insurance carriers in valid business/property owner insurance claim disputes. We possesses the experience and resources necessary to effectively guide you through each and every aspect of your business/property owner insurance claim dispute.

Tags: , ,