Tag: Florida insurance law

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Disputed Prejudice to Insurer for Late Notice Prevents Summary Judgment

Florida Insurance Law Late Notice

Florida Insurance Law Late Notice

In Leben v. State Farm Florida Insurance Company, 37 Fla. L. Weekly D1822a (Fla. 4th DCA 2012), the Florida Fourth District Court of Appeal considered an appeal in which a trial court entered summary judgment in favor of an insurance company against homeowners for a Florida insurance claim.  The trial court entered judgment in favor of the insurance company on the basis that the homeowners failed to timely report their claim to the insurance company.

Florida Insurance Law Prompt Notice Requirement 

Most if not all Florida insurance policies have a requirement that all insurance claims must be reported as soon as possible.  The purpose for requiring timely notice of an insurance claim is to permit the insurance company an opportunity to inspect the damages and to determine the cause of loss as soon as possible.  If too much time passes from the time the damages occur, it may not be possible for the insurance company to determine the cause of loss and whether it is covered under the insurance policy.  If an insurance claim is reported late, there is a presumption that the insurance company has been prejudiced by the late reporting and cannot determine the cause of loss. Denial of an insurance claim is proper if there is late notice of the claim and if the insurance company has been prejudiced by the late reporting.  The presumption that the insurance company was prejudiced can be rebutted by evidence that the lack of timely notice had no impact on the ability of the insurance company to complete its investigation and to determine the cause of loss.

Summary Judgment Not Permitted When Prejudice is Disputed

In this Hurricane Wilma case, the homeowners reported roof damage to their home in 2009 even though the storm was in 2005.  The homeowners had reports from two different roofing companies that concluded the damages were caused by Hurricane Wilma.  The insurance company claimed by way of an affidavit that it could not determine that the damages were caused by Hurricane Wilma because the homeowners failed to timely report their claim.  The Fourth District Court of Appeal reversed the trial court’s summary judgment in favor of the insurance company because it found that the issue of prejudice to the insurance company was in dispute  If there is no prejudice to the insurance company then denial on the basis of late notice would be improper.  The case was ultimately remanded back to the trial court for a trial to determine if the insurance company was in fact prejudiced by the late notice.

Lesson of the Day 

If you have a Florida insurance claim, make sure to report that claim to your insurance company as soon as possible or you risk having your claim denied.  Document your claim by taking plenty of photos for the damages and what appears to you to be the cause of loss.  Keep a written journal of your calls to the insurance company and try to communicate with the insurance company in writing as much as possible.  Finally, if the cause of loss looks to be disputed by the insurance company, get reports from contractors, engineers or other relevant experts as to what caused the damages so you can support your claim later and defeat any defense of prejudice if needed.

 

 Related Topics: Florida Insurance Law, Florida Homeowner Insurance Claim, Florida Insurance Contract, Florida Insurance Claim Denial, Florida Insurance Claim Late Reporting

 

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Assignment of Rights is not an Assignment of Obligations

Florida Insurance Law

Florida Insurance LawIn Citizens Property Insurance Corporation v. Ifergane, 37 Fla. L. Weekly D2205a (Fla. 3d DCA 2012), one of the issues in dispute for this Florida insurance claim was whether a co-insured could recover policy benefits while the named insured failed to cooperate with the investigation of the claim.  

A Failure to Cooperate

In this instance, the named insured assigned all her rights to benefits under the insurance policy to her husband and then afterwards failed to cooperate with the insurance company’s requests for information.  The insurance company denied the claim on the grounds that the named insured failed to cooperate by attending an examination under oath and therefore it did not have to make payment for the claim.  The husband argued that he did cooperate and because of the assignment of rights, it was only his claim and whether or not his wife cooperated was irrelevant.  

Apples and Oranges

The Third District Court of Appeal held that pursuant to Florida insurance law, a spouse as a named insured could assign all rights to benefits under the policy to her husband but she could not assign her obligations under the policy.  As such, the wife’s failure to attend an examination under oath (EUO) as required by the insurance policy was a breach of the insurance policy that precluded recovery under the insurance policy for the husband.  The lesson learned here is that all insureds must cooperate with the reasonable requests of the insurance company or risk forfeiting their rights under the insurance policy.

Related Topics: Florida insurance law | Florida homeowner insurance claim | Florida insurance claim payment | Florida insurance policy breach

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Court Must Find Post Loss Compliance Before Appraisal is Ordered

Florida Insurance Claim

Florida Insurance Claim

 

 

 

In United Property and Casualty Ins. Co. v. Concepcion, 2012 WL 634099 (Fla. 3DCA 2012), the Third District Court of Appeal ruled that a trial court must first have an evidentiary hearing to determine if a homeowner complied with post-loss policy conditions before the trial court could order the insurer to participate in the appraisal process to determine the amount of loss for an insurance claim.

The Florida Appraisal Process

In this Florida insurance law case, the homeowner filed a motion to compel appraisal to force the insurance company to use the appraisal process to determine the amount of the loss.  The insurance company opposed the motion to compel appraisal and alleged that the homeowner failed to comply with post-loss policy conditions by not providing documents, a sworn proof of loss or answering certain questions at an examination under oath.  The Third District Court of Appeal found that the insurance company’s allegations raised a disputed issue of fact and that dispute had to be resolved before the trial court could order appraisal.  

Post-Loss Conditions

This represents yet another reason why it is very important for homeowners to comply with all reasonable insurance company requests for information so that all options are available to seek recovery under the insurance policy.  Should there be any question as to whether the insurance company is entitled to certain information or requests, it would be in the best interests of the Florida insured to contact a Florida insurance lawyer for help with their insurance claim.

Related Topics: Florida insurance claims, Florida insurance law, Florida appraisal process, Insurance Policy Post-Loss Conditions, Miami Insurance Lawyer

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Florida Automobile Diminished Value Claims

Florida Automobile Accidents

Florida Lawyer Help for Property Damage Claims

If you own a luxury automobile or an exotic sports car and you were involved in an automobile accident in Florida, you should seek the immediate assistance of a Florida lawyer to help with your damages claim.  Unknown to most people, you have a right to recover not only your repair and property damages but also damages for the diminished value of your  motor vehicle because of the accident.  Diminished value for luxury automobiles or sports cars is the difference in value of the vehicle now that it has an accident on its record compared to a similar vehicle that has no accident record.  It is undisputed that a purchaser or an autodealer will give you less money for your car if it has been involved in any accident.  An automobile accident, no matter how small, will attach a negative stigma to your automobile making it worth less than it was before the accident even when it is fully repaired.  As to luxury automobiles or with exotic sports car, this diminished value can be quite large and should not be ignored.  A person causing an car accident is liable for all damages as a result of that accident including the diminished value of your automobile.  Settling your claim against the other driver and  his or her insurance company without making a claim for diminished value will in most cases act as a waiver of your rights. 

If you should need help with a Florida car accident, property damages, or diminished value claim, please feel free to contact Russell Law and Florida lawyer, Patrick Russell, Esq., who can assist you with your Florida insurance claim needs.  We can be reached at 305.373.3826.  Please be sure to inquire as to our experience, qualifications and our level of service and how it can help you.
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Florida Homestead Exemption Applies to Insurance Claim Proceeds for Homestead Property

In Quiroga v. Citizens Property Insurance Corporation, 35 Fla. L. Weekly D767a (Fla. 3DCA 2010), the Florida Third District Court of Appeal invalidated an attorney’s charging lien for unpaid legal fees that was asserted against the collected proceeds of an insurance claim for a former client.  In short, the attorney’s were able to collect monies from an insurance company for unpaid damages to the former client’s home.  After collecting those proceeds, the former client fired the attorneys and refused to pay any legal fees while claiming that the law firm could not deduct such fees from the insurance proceeds because they were homestead protected.  The Third District agreed with the former client holding that the homestead exemption that applies to homestead property also applies to the insurance proceeds for the protected homestead property and a client could not waive such an exemption even by entering into a fee agreement with a lawyer.

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