Attacking Those That Help Policyholders Rebuild, Make Claims, and Battle Insurance Companies

Chip Merlin | Property Insurance Coverage Law Blog | November 4, 2019 The Tampa Bay Times published an article yesterday which should be of concern to all policyholders. Florida’s elected official who then overseas the Department of Financial Services is calling for a 30-day time period for policyholders to cancel public adjusting contracts. One can imagine what is… Continue reading Attacking Those That Help Policyholders Rebuild, Make Claims, and Battle Insurance Companies

Florida Court Holds It Was “Miscarriage of Justice” to Deny Insurer Award of Appellate Fees

Daniel G. Enriquez | Property Casualty Focus | September 18, 2019 Florida’s offer of judgment statute, Florida Statutes section 768.79, is a common technique for any litigator who wants to place additional risk on the plaintiff. The statute provides that if a defendant in a civil suit files an offer of judgment that is not… Continue reading Florida Court Holds It Was “Miscarriage of Justice” to Deny Insurer Award of Appellate Fees

New Florida Case Alert: Retained Public Adjuster Was Not “Disinterested” Appraiser

James Chin and Jocelyn Demars | Zelle LLP | August 29, 2019 First-party property policies typically include appraisal provisions requiring each party to appoint a “disinterested” or “impartial” appraiser. A Florida appellate court recently addressed the question of what makes a potential appraiser “disinterested” in a case involving a Hurricane Irma claim. Florida’s Third District… Continue reading New Florida Case Alert: Retained Public Adjuster Was Not “Disinterested” Appraiser

Evolving Collapse Coverage in Florida is Not Defined by the Prominent Hip-Hop/Rap Artist Eminem

Chip Merlin | Property Insurance Coverage Law Blog | July 26, 2019 As a younger member of the Merlin Law Group team, my generation is more likely to appreciate the lyrical ingenuity of the Eminem song, ’Till I Collapse. Homeowners of all generations, however, should appreciate how collapse coverage is defined in Florida. Your homeowner’s insurance… Continue reading Evolving Collapse Coverage in Florida is Not Defined by the Prominent Hip-Hop/Rap Artist Eminem

Release of “Unknown” Claim Does Not Bar Release of “Unaccrued” Claim: Fair or Unfair?

David Adelstein | Florida Construction Legal Updates | May 27, 2019 A general release of “unknown” claims through the effective date of the release does NOT bar “unaccrued” claims.   This is especially important when it comes to fraud claims where the facts giving rise to the fraud may have occurred prior to the effective date in… Continue reading Release of “Unknown” Claim Does Not Bar Release of “Unaccrued” Claim: Fair or Unfair?