Archive: April 2018

Following the significant damage that Hurricane Irma inflicted on the state of Florida, storm damage and recovery is a major priority on the Florida legislature’s agenda this year. The session opened on January 9^th, with the Florida House focusing on storm preparations and recovery, and the Senate on economic damage.

According to the National Oceanic and Atmospheric Administration, Hurricane Irma caused $50 billion total in damages, with more than $7 billion in property damage claims filed in Florida alone.

Hurricane Victims & Unfair Treatment by Insurers

As discussed by a Forbes article, homeowners and others in Florida filing claims from Hurricane Irma can continue to “expect storm clouds ahead” in terms of these claims being fairly addressed.

Most of the claims related to Hurricane Irma are linked to wind damage; specifically: 300,000 for wind and an estimated 150,000 for flood damage, totaling around $40 billion for these alone. Insurers have reportedly been steadily increasing hurricane wind coverage deductibles and setting new limits on payouts, shifting much of the cost onto the homeowner in the form of a clause or phrase buried in the paperwork that those purchasing the policies likely did not know about. These clauses are known as “anti-concurrent causation clauses,” which remove coverage for wind damage if an “uninsured flood” occurs at the same time, and they are virtually impossible to find and comprehend within insurance policies.

When it comes to hurricane claims, the last thing that any Floridian wants to hear is that their claim has been denied. And yet that is the case for many in our state, especially when it comes to flood claims.

In fact, according to statements made by the Federal Emergency Management Agency (FEMA) in this recent Miami Herald coverage, regardless of what flood zone maps might be telling you regarding whether or not you need to purchase flood insurance, everyone in Florida needs flood insurance.

Irma Delivered Historic Flooding

When Hurricane Irma hit Florida in September, it rolled across the Lower Keys and pushed a storm surge across the islands, continuing to swamp the coastline as it moved along Southwest Florida. Many homes filled up with mud five feet deep, and water swamped the business district, washing out over the seawalls and out of the Miami River. In Jacksonville in particular, the high tide caused the St. Johns River to swell and lead to the worst flooding in a century.

As posting on social media becomes more and more popular, it also becomes relevant to divorce proceedings. Specifically, social media activities often either contribute to the cause of the divorce, or can be used against individuals in divorce proceedings.

A study recently published in the Journal of Cyberpsychology, Behavior and Social Networking found that people who use Facebook specifically more than once per hour are more likely to experience conflict with their romantic partners. Often, jealousy or instability stems from people being able to reconnect with old partners, or “emotionally cheat” with others.

In addition, social media posts can absolutely be used against you in divorce proceedings: According to a survey conducted by the American Association of Matrimonial Lawyers, two-thirds of divorce lawyers use Facebook as a primary source of evidence in divorce cases. Below, we discuss some of the most common types of evidence gathered from social media sites for divorce cases:

The U.S. Eleventh Circuit Court of Appeals (covering Florida) recently made a decision helpful to insurance companies fighting insurance bad faith claims. Specifically, the court held that no reasonable jury could find that an insurer’s failure to disclose information about additional insurance in its statutory insurance disclosure rose to the level of bad faith.

Florida Law: Contents of Policies

In this case, a driver struck a pedestrian, who was badly injured. When the driver’s insurer (Allstate) offered full policy limits to claimant, the claimant rejected the offer. Several months later, the claimant informed the insurer that they were willing to settle and requested that the insurer provide disclosure pursuant to Florida law, which lists what every insurance policy must specify. Specifically, every policy must specify:

Florida common law also recognizes that insurers must exercise good faith in handling claims against their insureds. If an insurer is found to have acted in bad faith, it is liable for the entire judgement against the insured in favor of the injured third party, including any amounts necessary beyond the policy limits.