As I discussed my post “The Duty to Defend in Florida”, liability insurance policies have two distinct requirements. The duty to defend a policyholder against whom a claim has been brought and a duty to indemnify that policyholder for any damages awarded in that action. The duty to defend the policyholder against a claim is a broad duty. As I previously noted, an insurer is generally required to assume responsibility for the defense if the alleged facts and legal theories are the type that the policy could cover.Continue Reading The Duty to Indemnify in Florida

Public insurance adjusters play an important role for many policyholders, both commercial and residential, after a loss occurs. By all accounts, policyholders that retain the services of public adjusters generally obtain larger settlements from their insurance companies and often are able to avoid problems that could delay the claim.Continue Reading Florida Ban On Public Adjuster Solicitation Ruled Unconstitutional

The fact pattern is simple and quite common. An association suffered damages from Hurricane Wilma on October 24, 2005, and immediately notified its insurance carrier that the loss had occurred. The insurance carrier, in turn, retained an adjuster to investigate the loss and determine what was owed under the policy. After a brief inspection, the adjuster determines that the damages do not exceed the large hurricane deductible contained in the policy and denies payment.Continue Reading Important Decision for Hurricane Wilma Claims

Few coverages are more important than flood insurance. Whether it is storm surge from a hurricane, rising rivers, torrential rains, or broken levees, floods occur in every part of the United States. Unfortunately, as most people know, flood insurance is difficult to find. Since most private insurers specifically exclude flood from coverage, the majority of flood coverage is purchased from the National Flood Insurance Program, which is instituted and administrated by the federal government. Unfortunately this vital program has been short on funding for years, leaving many to wonder if the program can survive.Continue Reading National Flood Insurance Program To Be Extended Again

While the holiday season usually brings good tidings and cheer, condominium associations and residents insured by Citizens Property Insurance Corporation can expect coal in their stockings this year. Once again, the state’s largest insurer plans to increase rates to Florida condominium residents between 19 and 20.6 percent on average leaving many dismayed, especially since it has been over 5 years since the last major hurricane.Continue Reading Citizens Plans Large Rate Hike…..Again

In the world of property insurance, there are two main types of policies, “all-risks” and “named perils”. Which type an association or unit owner has can have a large effect not only on the coverages provided but also the burdens that must be met to prove your claim in subsequent litigation. Therefore, it is important for all policyholders to be familiar with their policy before a loss occurs.Continue Reading What Type of Policy Do You Have And Why Does It Matter?