There hasn’t been a hurricane to make landfall in the State of Florida since 2005. But we are entering the height of hurricane season, which is officially between June 1st and November 30th. Of the thirty-six major hurricanes to tussle with our State, only one struck before the month of August (Dennis, July 10, 2005). All the others hit the Sunshine State during the months of August, September, and October, including the major hurricanes in the last twenty years that battered South Florida
Assignment of Rights: An Assignment of Rights is a transfer of the interests and rights to payment under a contract to another person or entity. In this context, the assignment permits the emergency restoration company to seek payment directly from your insurer. In other words, the emergency services company legally stands in your (water-logged) shoes to get paid for its work under your insurance policy.
The goal of risk management, whether conducted by a dedicated department within a large organization or informally by an individual or small business, is to minimize the adverse effects of exposure to loss of property, liability claims, or personal loss. Just as we lock our doors before we leave our home to prevent a theft, or install fire alarms in case there is a fire, insurance coverage is an element of risk management—perhaps the most recognizable and important effort to reduce the risk of exposure to losses.
Whether there has been a fire, water leak, or other event causing damage to your home or commercial property—one recent client described the unfortunate swish-swash-discovery of a bedroom carpet and floors drenched by a plumbing failure in the middle of the night—useful emergency services are available and glad to accept your business. Just make sure you're not setting yourself up to get soaked with a huge bill later on.
Insurance Statutes for First Party Residential Property Damage Claims, Vol. I. Florida Law permits an insurance company and claimant to attempt to resolve a claim for residential property insurance benefits through mediation. Though this procedure was intended to exist for the purpose of effective, fair, and timely handling of property insurance claims,
Property insurance policies contain obligations for an insured who is making a claim for benefits after a loss—Fire and Smoke Damage, Water Damage, theft, etc. These contract terms, generally referred to as post-loss conditions or duties after loss, require the insured to cooperate with an investigation of the loss, as well as to do the following:
Custer Medical Center v. United Auto. Ins. Co., 2010 WL 4340809 (Fla. 2010). This is a recent Florida Supreme Court opinion on Personal Injury Protection insurance coverage law that is notable on two fronts: compulsory medical examinations conducted on behalf of an insurer, and examinations under oath.