When living in a condominium or a community with a homeowners association (HOA), there may be special assessments that are levied on the homeowners in addition to their regular monthly fees. These assessments may be used for a variety of purposes, such as to repair damage to the common areas or to cover unexpected expenses. …
Question to Parrish Law: I received a check for my Hurricane Ian insurance claim from my insurance company. It’s clearly not enough to cover all of my repairs. Is it safe for me to deposit the check so that I can use the funds towards repairs and then also collect the remainder of what is…
New Legal Landscape for Property Insurers in Florida. Florida has undergone a significant legislative change in regards to property damage insurance claims and bad faith. The changes, many of which took effect in December 2022 and March 2023 (and some of which took effect between 2020 and 2021). These changes have inarguably made it more…
When it comes to insurance coverage, there are two main types of policies: all risks policies and named perils policies. A named perils policy, such as a wind only or a flood policy, covers only specific perils listed in the policy (such as, respectively, wind or flood), while an all risks policy covers all perils…
All risks insurance coverage is a type of property insurance that provides broad coverage for losses or damages to property. Unlike other types of insurance policies that specifically list the types of losses that are covered, an all risks policy covers all types of damages that are not specifically excluded by the policy language. Despite…
A Civil Remedy Notice (“CRN”) is a legal document that a policyholder (or policyholder’s representative) files with the Florida Office of Insurance Regulation (“OIR”) to notify their insurance company of potential bad faith practices. This notice outlines the policyholder’s claim and demands a response from the insurer within 60 days. The purpose of a CRN…
Hurricane Ian, which hit the coasts of Florida in September 2022, left a devastating impact on the local communities of Charlotte and Lee Counties. The aftermath of the hurricane caused significant damage to properties, leaving many homeowners and business owners struggling to cope with the costs of repairs and recovery. In such times, it’s essential…
It is common for mortgage companies to be listed as payees on insurance claim checks in the event of property damage to a mortgaged property. This is because the mortgage company has a financial interest in the property and wants to ensure that repairs are made to the property to maintain its value. When you…
When an insurance company and a policyholder disagree on the amount of damages owed under an insurance policy, both parties generally have the option of demanding that the dispute be resolved through the “appraisal process”. “Appraisal” is a method of resolving disputes that is provided for in most insurance policies. It is an alternative to…
Homeowners insurance policies are crucial for protecting your home and personal belongings in the event of a disaster such as a hurricane. However, not all homeowners insurance policies are created equal. There is a significant difference between a homeowners policy procured by the homeowner and a lender-placed policy procured by the mortgagee, and it’s important…
As a policyholder, it’s crucial that you understand your post loss duties under your insurance policy. Post loss duties refer to the obligations that the policyholder has after the loss occurs. These duties are usually set out in the insurance policy, and they must be strictly followed to ensure that the policyholder is not denied…
The total loss of a home due to a natural disaster like a hurricane can be a traumatic and emotional experience for policyholders. The loss of a home is not just a financial loss but also a loss of a sense of place, stability, and security. The process of rebuilding or relocating can be overwhelming,…
Potential clients of Parrish Law may be wondering if they are entitled to recover “matching” damages under their insurance policy. The answer may depend on the specific language of the policy and the laws of the state where the property is located. In Florida, there is a statutory provision that addresses the issue of matching…
When you purchase a property insurance policy, you expect that it will cover all types of damage that your property might suffer. However, many insurance policies have specific exclusions and limitations that may not be immediately apparent. One type of coverage that you may not be familiar with is law and ordinance coverage. Law and…
The Washington Post recently published an excellent article (link below) that sheds light on how some insurance companies have been (allegedly) improperly underpaying and denying claims for property damage resulting from Hurricane Ian. According to the article, some insurers have allegedly been slashing payouts far below damage estimates prepared by their field adjusters (without the…
When it comes to property damage insurance claims, insurance companies typically hire experts, such as engineering companies, to assess the damage and provide an estimate for repairs. While the use of experts can be beneficial to both insurance companies and policyholders, there are also potential issues and conflicts of interest that can arise. One of…
Citizens Property Insurance Corporation (“Citizens”) is a not-for-profit insurer created by the Florida legislature in 2002 to provide property insurance coverage to those who are unable to obtain it in the private market. Citizens is the largest insurer in Florida and is considered the “insurer of last resort” for homeowners who cannot obtain insurance elsewhere….
As hurricane season approaches, it’s essential for homeowners to take steps to prepare for potential property damage and the subsequent insurance claim process. Here are some specific steps that should be taken before a hurricane strikes to ensure that the policyholder is prepared to deal with the aftermath and put themselves in the best position…
When it comes to hurricane insurance claims, policyholders may encounter policy exclusions related to wear and tear, deterioration, and pre-existing damage. Insurance companies may argue that the damage to the policyholder’s property was not caused by the hurricane but instead resulted from these exclusions. However, policyholders can take steps to prove that the damage was…
In the aftermath of a hurricane, property damage can be extensive, and policyholders may wonder what steps they should take to ensure that they receive full compensation from their insurance company. One important consideration is the policyholder’s duty to mitigate damages. This means that policyholders have a responsibility to take reasonable steps to prevent further…
In the context of hurricane insurance claims, examinations under oath (EUOs) are a common tool used by insurance companies to investigate the validity of a claim. EUOs are similar to depositions, in that they are conducted under oath and are recorded, but they differ in that they are conducted by the insurance company’s representative and…
In the aftermath of a hurricane or other catastrophic event, homeowners are often in a rush to get their homes repaired as quickly as possible. Unfortunately, this rush can lead to mistakes, particularly when it comes to post-loss assignment of benefits agreements. What is an AOB? Post-loss assignment of benefits agreements, or “AOBs”, are agreements…
A sworn statement in proof of loss is a document that policyholders are required to complete and sign in order to prove their loss or damages in an insurance claim. The purpose of the sworn statement is to provide the insurer with a detailed description of the loss and its cause, as well as the…
When it comes to insurance claims for property damage, two terms that policyholders should understand are actual cash value and replacement cost value. Actual cash value refers to the amount that an item or property is worth at the time it is damaged, taking into account depreciation. Replacement cost value, on the other hand, refers…
Question to Parrish Law: I hired an attorney with respect to my Hurricane Ian property damage claim in Bonita Springs, Florida (which had been denied by my insurer). The law firm I hired advertises heavily in my area and I based my decision to hire this attorney solely on the advertisements I saw. When I…
Hurricane Ian, which hit the coasts of Florida in September 2022, left a devastating impact on the local communities of Charlotte and Lee Counties. The aftermath of the hurricane caused significant damage to properties, leaving many homeowners and business owners struggling to cope with the costs of repairs and recovery. In such times, it’s essential…
It is common for mortgage companies to be listed as payees on insurance claim checks in the event of property damage to a mortgaged property. This is because the mortgage company has a financial interest in the property and wants to ensure that repairs are made to the property to maintain its value. When you…
