When you purchase a homeowners’ insurance policy, you expect your insurer to fulfill their obligations. You wholeheartedly believe that your insurance company will help you through difficult times and provide peace of mind in the event of natural disasters, accidents, and other incidents.

Homeowner’s insurance companies have a duty to act in good faith, but many breach that duty by delaying the claims process, a practice known as “stalling.”

If your insurance company fails to process your homeowners’ insurance claim within a reasonable time, you may have legal grounds to file an insurance bad faith claim. Consult with our Tampa homeowners’ insurance attorneys at HD Law Partners to discuss your particular situation.

Why do homeowners’ insurance companies use stall tactics?

Homeowners’ insurance companies employ a variety of bad faith strategies, including stall tactics, to avoid or delay paying claims. Since insurers are profit-motivated companies, they are trying to increase their revenues by using stall tactics.

Insurance companies intentionally delay processing, investigating, and paying out claims in an attempt to induce a policyholder to accept a lower settlement offer.

Reasons why insurance companies put off settling a homeowners’ insurance claim

Usually, there are three reasons why homeowners’ insurance companies put off settling or paying out a claim:

1. The insurance company has requested additional documentation from the claimant;
2. The insurance company is conducting a comprehensive investigation because it suspects a fraudulent claim; or
3. The insurer is using a stall tactic in an attempt to encourage you to settle a claim for less than you actually deserve.

If you believe that your homeowners’ insurance company is stalling, speak with a knowledgeable attorney right away.

What to do if my insurer is stalling?

Take the following steps if you suspect that your homeowners’ insurance company is intentionally delaying processing or paying out your claim:

• Gather and organize your documentation and records related to your claim. It is important to collect the following types of evidence and documentation: photos and videos of the property damage, your medical records, repair estimates, a copy of your insurance policy, your correspondence with the insurance company, and many more. Keep these records in a secure place and make sure that the documents are organized.
• Have a clear timeline of events. You should keep a journal to write down everything that happened during and after the natural disaster or incident that resulted in damage or destruction of your property. It is essential to recall every conversation with the insurance adjuster and write a summary of what the conversations were about. Memories can fade over time, which is why having a clear timeline of events can help you strengthen your claim against the insurer.
• Cooperate with your homeowners’ insurance company. Most homeowners’ insurance policies contain a clause that requires policyholders to cooperate with the insurance company when making a claim. If your insurer requests any additional documentation, provide the documents in a timely manner. However, if your insurer asks you to give a recorded statement, it is highly advised to consult with an attorney before providing any statements.

If your homeowners’ insurance company is stalling or using delay tactics to avoid paying out your claim, contact a skilled attorney to defend your rights and help you obtain the compensation you deserve. Speak with our results-driven attorneys at HD Law Partners by calling 813-964-7878.

5 Things to Avoid During the Hurricane Insurance Claims Process in Florida

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If you are currently going through a divorce or are contemplating a divorce, you may wonder how it may be possible to avoid an alimony award. Under Florida law, there are five types of spousal support:

1. Bridge-the-gap
2. Temporary
3. Rehabilitation
4. Durational
5. Permanent

Alimony is not awarded in 100% of all divorce cases in Florida. That is why it is important to understand the circumstances in which you could be able to avoid an alimony award. Speak with a Tampa alimony attorney at HD Law Partners to help you understand how you can avoid paying alimony and keep more of the money you earn to yourself.

5 situations when you can avoid an alimony award in Florida

There are five situations when you may be able to avoid an alimony award in Florida. Let’s take a look at each of them.

1. Your spouse makes more than you
   According to Fla. Stat. § 61.08, Florida courts consider a wide range of factors when issuing a spousal support order and determining the amount of monthly payments.
   

   Under Florida law, courts will consider each party’s financial resources and earning capacity prior to awarding alimony. Thus, if you do not earn more than your spouse, you will most likely not be ordered to pay alimony unless you voluntarily quit your job or take a pay cut to avoid paying spousal support to your soon-to-be-ex-spouse.
   

2. You had a short-term marriage
   The longer your marriage lasted, the more likely the court is to award alimony. Spousal support is almost always ordered after long-term marriages that last more than 17 years. Alimony is also often ordered after medium-term marriages.
   

   Alimony is rarely awarded after short-term marriages lasting up to seven years because both spouses are presumed to be more likely to obtain a job and financial independence following the divorce.
   

3. Your spouse cannot prove an actual need for alimony
   Under Florida law, a spouse requesting maintenance must show the court evidence of their financial situation to establish an actual need for alimony. If your spouse cannot prove that they need financial support, you may be able to avoid an alimony award.
   
4. You request a vocational evaluation
   You may be able to avoid or minimize the amount of alimony payments by requesting a vocational evaluation. During the evaluation, a qualified vocational expert will assess your spouse’s earning capacity in the current job market.
   
5. You and your spouse agree to no alimony
   Often, spouses can agree that neither party will be seeking alimony during the divorce. If you are able to find a consensus on this issue without going to court, you can avoid paying alimony. However, it is vital to have your agreement in writing.
   

In most cases, you will need help from an experienced family lawyer who can help facilitate negotiations between you and your spouse to reach a mutually acceptable solution.

Discuss your case with our alimony lawyers at HD Law Partners to determine how you can avoid an alimony award in your particular situation. Call 813-964-7878 to schedule a consultation.

Do I Have a Right to Smoke Cigarettes and Marijuana in My Rental Unit?

Posted in Landlord Tenant | No Comments »

Typically, landlords inform tenants of a no-smoking policy or restrictions on smoking cigarettes and marijuana in a rental unit before signing the lease or rental agreement.

However, does a no-smoking policy infringe upon your rights as a tenant? Do you actually have a right to smoke cigarettes and weed in your rental apartment despite the restrictions in the lease/rental agreement?

Why do landlords prohibit smoking in rental units?

There are multiple reasons why landlords include no-smoking policies in the lease agreements and prohibit tenants from smoking cigarettes and marijuana in their rental units:

1. Limit exposure to secondhand smoke
2. Prevent fire hazards on the rental property (many rental units are equipped with smoke alarms)
3. Avoid stains and odors from tobacco and weed
4. Avoid lawsuits (a landlord who does not prohibit smoking may be sued by other tenants for nuisance or failure to keep the rental unit habitable)

Do tenants have a right to smoke tobacco/marijuana in rentals?

As a rule of thumb, no. Tenants do not have a right to smoke in their rental units. Currently, there is no state or federal law that would protect tenants’ right to smoke tobacco or marijuana in their rentals. Also, bans on smoking in the rental unit are not discriminatory since the word “smoker” is not a protected characteristic under the Fair Housing Act (FHA).

However, if you believe that your landlord’s no-smoking policy is discriminatory or you were wrongfully evicted for smoking cigarettes or marijuana in your rental unit, speak with our Tampa landlord-tenant attorney at HD Law Partners to discuss your unique case.

Does Florida law protect marijuana patients’ right to smoke in private?

In 2018, a Florida circuit judge issued an ambiguous ruling that stated that marijuana patients have a right to use “smokable” weed in private places.

Given that Florida legalized the use of cannabis for medical purposes, many tenants across the Sunshine State misinterpreted the judge’s ruling as a green light to smoke marijuana in their rentals. However, landlords can still prohibit smoking marijuana – or tobacco, for that matter – on their rental properties despite the 2018 ruling.

Typically, a landlord will tell you about the no-smoking policy before signing the lease or rental agreement. Even if you were not informed of the smoking ban, you should carefully read the agreement to find out if it says anything about smoking cigarettes or marijuana in the rental unit.

Can you be evicted for smoking in the rental unit?

Yes. If your landlord has included a no-smoking policy in the lease or rental agreement, you can be evicted for violating the terms of the agreement if you smoke in the rental apartment.

However, when the no-smoking policy is included in the rental’s rules but are not a part of the rental or lease agreement, the landlord may have a right to terminate your tenancy or evict you if you repeatedly violate the rules after being warned against smoking.

If you believe that your rights are violated or you were wrongfully evicted for smoking marijuana or cigarettes in the rental unit, do not hesitate to discuss your case with our Tampa landlord-tenant attorneys at HD Law Partners. Call 813-964-7878 for a consultation.

Resource:

edca.1dca.org/DCADocs/2018/2206/182206_1303_06142018_11043718_e.pdf

How Can I Modify Alimony in Florida?

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Insurance companies have an obligation to handle claims in good faith. It means that insurers must promptly investigate valid claims for damages and provide compensation for a covered loss.

Unfortunately, not all insurers act in good faith when handling insurance claims. If you suspect that an insurance company acts in bad faith, you may have grounds to sue the company and recover damages.

The recoverable damages depend on the circumstances of your case, the financial losses caused by the insurer’s bad faith conduct, and the severity of that conduct.

Speak with a Tampa insurance bad faith attorney at HD Law Partners to discuss your case and determine if you have grounds to sue your insurer and obtain compensation.

What is a bad faith insurance claim?

Section 624.155, Florida Statutes, allows the insured to file a lawsuit against an insurance company when the latter is acting in bad faith. You can file a bad faith insurance claim when any of the following occurs:

• Dragging out the claims process by waiting to investigate your claim or inspect the damages;
• Failing to conduct a prompt and complete investigation;
• Ignoring your claim or letters and failing to respond within the applicable timeframe;
• Demanding additional documentation without a reasonable explanation or good cause;
• Unreasonably denying requests for medical treatment approval;
• Refusing to pay a valid claim;
• Denying a claim without an explanation; or
• Wrongfully underpaying a claim.

When any of the above-mentioned occurs, you may have grounds to file a bad faith insurance claim to seek compensation for the losses you are entitled to as well as additional damages caused by the insurer’s bad faith conduct.

What damages can I recover in my bad faith insurance claim?

If you are eligible to sue an insurance company for acting in bad faith, you may be able to recover the full value of your original claim in addition to bad faith damages, which will be determined on a case-by-case basis.

Bad faith damages usually include court costs, legal fees, and attorney’s fees incurred by the claimant in bringing a bad faith insurance claim. Also, if you incurred losses because of the insurer’s bad faith conduct – for example, emotional distress caused by unreasonable delays in your case – you may be entitled to additional damages.

If the insurer shows reckless disregard for your rights or its conduct can be defined as willful, wanton, or malicious, you may be able to recover punitive damages pursuant to Florida Statute 624.155.

How to seek compensation through a bad faith insurance claim?

Under Florida law, you must file a Civil Remedy Notice before bringing a bad faith insurance claim against the insurer. The Notice must include the following:

• Which statutory provisions were violated by the insurance company;
• The name of the insurance adjuster or another person involved in the violation;
• The facts and circumstances surrounding the alleged bad faith insurance conduct; and
• Reference to specific provisions in the policy that were violated by the insurer.

It is essential to contact an insurance bad faith attorney to help you obtain a judgment against the insurance company. After the filing of the Notice, the insurance company has 60 days to “cure” the alleged violation. If no action is taken, you may proceed with a lawsuit to seek compensation.

Talk to our Tampa insurance bad faith lawyers to determine what damages may be available in your claim against the insurer. Contact HD Law Partners for a case evaluation. Call 813-964-7878.

Can a Homeowners’ Association (HOA) Prohibit Rentals?

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You have the right to privacy in your apartment. That’s why landlords must follow Florida law when entering the rental unit. Renting a property does not mean that your landlord’s right to enter is more important than your right to privacy.

However, as a tenant in Florida, you are also required to follow state laws and allow your landlord to enter your apartment when proper notice has been given for repairs or to handle general maintenance or emergency issues.

As a tenant or landlord in Florida, it is critical to know your rights and duties to understand when a landlord can legally enter the rental unit. Speak with our Orlando landlord-tenant attorney at HD Law Partners to review your situation.

Your landlord must give notice before the entry

Fla. Stat. § 83.53 provides that landlords must notify their tenant of their intention to access the rental unit at least 12 hours before the entry. After the receipt of the notice, the landlord can enter the rental apartment from 7.30 a.m. to 8.00 p.m.

While most landlords in Florida follow the statute and provide their tenants with proper notice before the entry, there are those who willfully violate the law or are not aware of their duty to give notice.

Can you deny a landlord entry?

As long as the landlord provided proper notice before the entry, the tenant cannot refuse to let the landlord enter the rental unit. You cannot deny the landlord’s legal access to the apartment after receiving the notice of entry.

The notice may not be necessary for emergency situations

In emergencies, the landlord may enter the rental unit without notice. Under Florida law, the notice may not be necessary to access the rental unit under the following circumstances:

• An emergency, including flood, fire, or hurricane;
• The tenant withholds consent or denies a landlord entry after receiving the notice; and
• When the landlord has a reasonable belief that the tenant has abandoned the apartment. Under Florida law, a landlord has a right to enter the rental unit without notice when the tenant has not been on the property for more than 15 days (if a tenant is a monthly leaser) or a period equivalent to 50% of the rental period.

What can I do if my landlord enters my apartment without notice?

If your landlord has entered your apartment without notice in a non-emergency situation, as specified above, you might be able to sue your landlord for the unreasonable entry.

It is critical to speak with a knowledgeable landlord-tenant lawyer in Florida if you believe that your right to privacy has been violated by the landlord’s entry without notice.

You may be able to file a complaint if your landlord is:

• A private individual;
• A property management company; or
• A government entity.

Discuss your particular situation with our landlord-tenant dispute lawyers at HD Law Partners to determine how to proceed in your case. Find out how you can file a dispute against your landlord for unreasonable entry without notice. Call 813-964-7878 for a free case evaluation.

Resource:

https://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.53.html

When Can You Bring a Lanham Act Claim Against a Competitor for False Advertising?

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If your home was damaged or destroyed by a hurricane, every passing day might seem like an enormous challenge. Obviously, you want to receive a quick and fair settlement offer from your insurance company, but that’s rarely the case.

When filing an insurance claim after your property was damaged by a hurricane, you may wonder how long it will take to receive the settlement offer and get compensated for your damages and losses.

If your insurance company does not respond to your hurricane claim or refuses to make a fair settlement offer, do not hesitate to speak with an experienced hurricane insurance attorney in Fort Myers. Schedule a free consultation with our knowledgeable lawyers at HD Law Partners to discuss your case.

Hurricane deductible and its role in the timeline of your insurance claim

A hurricane deductible plays a major role in the timeline and outcome of your insurance claim in Florida. Insurance companies often require their policyholders who live in high-risk areas to pay a hurricane deductible, which is a certain amount that must be paid out of pocket before the insurer covers the policyholder’s hurricane-related damage.

Failure to pay a hurricane deductible in a timely manner may delay the acceptance or payment of your insurance claim. You should review your insurance policy to find out more about the hurricane deductible.

How long will you have to wait to receive hurricane insurance settlement?

Under Section 627.70131, Florida Statutes, insurance companies are legally required to respond to a claim within 14 days to acknowledge receipt of the claim.

Then, the insurer must either approve or deny the claim within 90 days of receipt. Under Section 627.4265, Florida Statutes, once your claim has been approved, the insurance company has 20 days to make the payment.

If your claim was denied, the insurer is required to explain in writing the reason for denial. If this happens, contact an attorney immediately to appeal the claim denial.

Depending on the circumstances of your case and the extent of hurricane-related damages, you might have to wait a few months to receive a hurricane insurance settlement. If you are represented by a skilled lawyer, however, you could potentially be able to settle your claim within a month or so.

How an attorney can speed up the hurricane insurance settlement process

If your property suffered hurricane-related damage, you should not hesitate to contact an attorney to help you file a claim and receive the compensation you deserve.

A knowledgeable attorney knows the ins and outs of the insurance claims process and can help you expedite the process. Unfortunately, insurance companies are only looking out for their own interests and have various tools and resources to delay, undervalue, and deny legitimate homeowners’ insurance claims.

You can benefit from hiring a Fort Myers homeowners’ insurance attorney because your attorney can:

• Help you build a strong case;
• Evaluate your damages and losses properly;
• Estimate how long it will take to get a settlement;
• Negotiate a fair settlement offer;
• Appeal the denial of your claim;
• Ensure that you do not accept a lowball settlement offer; and
• If necessary, file a lawsuit to litigate your case.

Here at HD Law Partners, our Fort Myers hurricane insurance attorneys can help you speed up the insurance claims process and ensure that you get compensated for your hurricane-related damages and losses as soon as possible. Schedule a case review with our attorneys by calling at 813-964-7878.

My Homeowners’ Insurance Company Requests a Sworn Proof of Loss (SPOL): What Is It and What Should I Do?

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Circumstances can change unexpectedly in anyone’s life. Florida courts recognize that changes are a normal part of life, which is why they allow ex-spouses to request a modification of alimony when there is a substantial change in circumstances.

If you are considering modifying alimony, you should speak with a Tampa family lawyer to help you understand your rights and options, whether you are the payor or supported spouse.

Alimony types and restrictions for modification

Florida law allows parties to modify certain – but not all – types of alimony following a divorce. Pursuant to Section 61.08, Florida Statutes, Florida law recognizes the following types of spousal support:

1. Durational alimony
2. Permanent alimony
3. Rehabilitative alimony
4. Bridge-the-gap alimony

Each of them has unique rules and restrictions for modification. Whether or not you can modify your alimony award depends on the type of spousal support and the circumstances that made you want to request a change.

The vast majority of requests for modification of alimony are made by the payor spouse asking the court to reduce the payment amount. However, the receiving spouse has a right to seek a modification of spousal support, too.

How to modify alimony in Florida?

As mentioned earlier, your ability to modify spousal support in Florida depends on the type of alimony that was awarded after your divorce:

1. Rehabilitative alimony is modifiable if you can establish a substantial change in circumstances or prove that the other spouse failed to comply with the rehabilitative plan. Most modification requests are brought on the grounds of a change of circumstances. However, in order to successfully modify alimony, you will have to prove that circumstances have changed considerably since the judge issued the final judgment.
2. Durational alimony can be modified if the requesting party can prove a substantial change in circumstances, which may include an involuntary loss of employment. However, a judge can only modify the amount of durational alimony, not the length of the award, unless some “exceptional circumstances” apply.
3. Permanent alimony is paid to the receiving spouse for an indefinite duration or until the supported spouse remarries or dies. Also, you can modify or terminate permanent alimony if there has been a substantial change in circumstances or the receiving spouse is engaged in a supportive relationship with another individual.
4. Bridge-the-gap alimony is the only type of spousal support in Florida that cannot be modified. This type of alimony is usually paid for up to two years from the date of the judgment. It’s not modifiable.

Can alimony be modified retroactively?

Yes, courts in Florida have the discretion to modify or otherwise change alimony either retroactively or prospectively. Also, a court may retroactively award alimony if the payor spouse concealed or failed to fully disclose all of their assets in an attempt to avoid paying spousal support to their ex-spouse.

You should consult with an experienced alimony attorney in Tampa to determine how you can persuade the court to modify alimony retroactively. Schedule a consultation with our family lawyers at HD Law Partners by calling 813-964-7878.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

What is Covered Under Business Interruption Insurance in Florida?

Posted in Alimony, Divorce | No Comments »

If you can prove that your competitor’s advertising is false, untrue, or misleading, you may be able to bring a claim under the Lanham Act. Specifically, you could sue your competitor under 15 U.S. Code § 1125 (the Lanham Act) to:

• Seek an injunction against the competitor’s false advertising;
• Recover damages; and
• In some cases, seek attorney’s fees.

If your competitor has engaged in false advertising, contact a Tampa business attorney at HD Law Partners immediately.

What is ‘false advertising’ under the Lanham Act?

Your competitor may violate the false advertising section of the Lanham Act when it uses any oral or written statements that are likely to mislead consumers in an attempt to influence their buying behavior.

The following types of advertisement can contain false or misleading advertising:

• TV or radio ads
• Written advertisements
• Ads on the internet
• Email and social media promotions
• Website ads
• Pamphlets
• Labels

Also, you can sue your competitor under the Lanham Act if they use trademarks that confuse or deceive consumers.

How to prove false advertising under the Lanham Act?

In order to bring a false advertising claim under the Lanham Act, you must establish the following elements:

1. There was a false or misleading statement of fact. You can take legal action against your competitor under the Lanham Act if their statements are “literally false” or “literally true” but deceive or are likely to deceive, mislead, or confuse consumers.
2. The statement was used in the competitor’s commercial advertisement or promotion. See the above-mentioned list of commercial advertisement types to understand what kinds of advertisements are eligible for protection under the Lanham Act.
3. The competitor’s false advertising is likely to deceive consumers in a “material way.” Generally, Florida courts presume that literally false advertising deceives a consumer in a “material way.” However, the wronged party may not need to demonstrate evidence of materiality if the competitor acted in bad faith or engaged in willful conduct.
4. You have suffered or are likely to suffer a competitive or commercial injury due to the false or misleading statement. If you are trying to recover damages, you will need to show proof of actual harm suffered as a result of the competitor’s false advertising. However, in order to seek an injunction against false advertising, you may only need to show that your competitive or commercial injury was likely to happen.

Why do you need to file a false advertising lawsuit under the Lanham Act?

If you prevail in your false advertising claim under the Lanham Act, you can obtain an injunction preventing your competitor from continuing to use or spread false advertising.

In many cases, courts may also require the competitor to publish corrections of false statements. If false advertising caused financial losses or actual damages, the court might order the competitor to pay for the plaintiff’s damages.

If your competitor is using false advertising or making misleading statements to promote its products or services in a way that (a) deceives customers and (b) causes or is likely to cause you damages, you may be able to file a false advertising lawsuit under the Lanham Act.

Consult with our business law attorneys at HD Law Partners to discuss your case and determine whether you can sue your competitor for making false or misleading statements. Call 813-964-7878 to receive a consultation.

Can a Homeowners’ Association (HOA) Deny a Potential Buyer or Renter in Florida?

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If you own a condo or home but want to rent it out to earn some passive income, you may be wondering, “Can my homeowners’ association (HOA) prohibit or restrict rentals?”

The short answer is, “Yes.” A homeowners’ association can prohibit or restrict rentals. For example, many HOAs in Florida limit the number of leases per year or impose mandatory waiting periods before a homeowner is allowed to rent their unit.

If you are having disputes with your HOA or COA regarding rentals, you should contact our Tampa homeowners’ association attorney at HD Law Partners to discuss your particular situation.

Can HOAs prohibit rentals in Florida?

Generally, yes. Homeowners’ associations can either create rental restrictions or prohibit homeowners from renting out their units. However, under Florida Condominium Law, homeowners’ associations cannot amend their governing documents – known as a Declaration of Covenants, Conditions, and Restriction – unless at least two-thirds of the members approve the new measure.

While many HOAs prohibit or restrict long-term rentals in Florida, some only ban short-term rentals (Airbnb).

How can a homeowners’ association restrict rentals?

While rental restrictions vary from one association to another, it is vital to consult with a skilled homeowners’ association attorney in Florida to review the HOA’s governing documents to determine if any rental restrictions exist.

Under Section 718.110(13), Florida Statutes, HOAs can limit the number of times a homeowner is permitted to rent their unit during a specified period.

The most common rental restrictions established by HOAs include:

• Permitting homeowners to rent a unit a limited number of times per year. For example, an HOA may allow owners to rent their home or condo once or twice a year.
• Setting a minimum lease period. This is a common restriction aimed at banning short-term rentals and Airbnb in HOAs. Typically, HOAs set 30, 60, or 90 days as a minimum lease period.
• Imposing a mandatory waiting period. Some homeowners’ associations allow homeowners to rent their units after a certain amount of time has passed. For example, an HOA may require owners to occupy or own a unit for a year before renting it out.
• Limiting the number of rental units in the HOA. Many HOAs impose a rental cap to limit the number of rental units in the community. For example, if the rental cap is set at 30%, you can only rent your unit if 29% or fewer units are currently rented in the HOA.

If your HOA restricts rentals, you may want to consult with an experienced homeowners’ association attorney in Florida to determine whether the restrictions meet the definition of “reasonable” under state law.

When evaluating the reasonableness of rental prohibitions or restrictions, courts determine whether the HOA had a legitimate purpose for prohibiting or restricting rentals.

Can an HOA screen and turn down tenant applications?

Many HOAs reserve the right to screen and turn down prospective tenants in order to weed out renters who might be “harmful” to the community. However, HOAs must be cautious about conducting background checks because the Fair Housing Act prohibits discrimination based on the renter’s race, national origin, color, gender, religion, disability, and familial status.

Schedule a consultation with our Tampa homeowners’ association attorneys at HD Law Partners to determine whether your HOA can prohibit or restrict rentals in your particular case. Call at 813-964-7878 to schedule a consultation.

Resource:

hud.gov/program_offices/fair_housing_equal_opp/fair_housing_rights_and_obligations

What to Do When Your Homeowners’ Insurance Claim is Denied in Florida?

Posted in HOA/Property Management | No Comments »

You most likely had your home appraised before purchasing it. However, home purchase appraisal and insurance appraisal is not the same thing.

If you are trying to determine how much your homeowners’ insurance company owes you through the appraisal process, do not hesitate to contact an experienced Sarasota homeowners’ insurance attorney to ensure that all of your damages and losses are taken into account when determining the value of your insurance claim.

What is an insurance appraisal?

Basically, the insurance appraisal process refers to the valuation of your insurance claim. Insurance companies use an appraisal to determine the value of the policyholder’s losses.

Both the insurer and the homeowner hire an independent and neutral appraisal to determine a fair settlement offer.

Your insurance company saying that your damages or losses are covered under your homeowners’ insurance policy is half the battle. There is no guarantee that your insurer’s settlement offer will reflect the full scope and extent of your losses.

Often, insurers use appraisal in order to devalue a homeowners’ insurance claim.

How does the homeowners’ insurance appraisal process work?

Here’s how the insurance appraisal process works in Florida:

1. If you and your homeowners’ insurance company cannot agree upon the valuation of your claim, each side can hire an independent third-party appraiser.
2. Each appraiser then selects an arbitrator to resolve any disputes between the parties. The arbitrator, or the umpire, and the two appraisers form the so-called “appraisal panel.”
3. Both appraisers review all the evidence and documentation submitted by both parties, conduct an on-site visual inspection, and examine the monetary value of the loss and damage to determine a fair settlement amount. Each side should come to an agreement during the appraisal process.
4. If the appraisers cannot reach an agreement, the chosen arbitrator will review each appraiser’s opinion to settle the case.
5. After the valuation of the claim is final, the appraisal panel will sign an appraisal award.
6. Your insurance company is required to pay you the agreed-upon amount in the appraisal award.

How to choose an insurance appraiser?

An appraiser plays a pivotal role in the outcome of the appraisal process, which is why you need to hire the right one. If you do not know how to choose an insurance appraiser, your homeowners’ insurance attorney can help.

Skilled homeowners’ insurance attorneys in Florida have a lot of experience in dealing with insurance appraisals. They know where to find qualified and competent appraisers who can determine a fair settlement value.

When choosing an appraiser, you need to find the one with previous experience in dealing with your specific property damage to ensure an accurate estimation of your claim.

While each side will be responsible for paying their chosen appraiser, the appraisers cannot be biased toward their client. However, an appraiser will help effectively document the full extent of your claim and estimate your losses.

Your Sarasota homeowners’ insurance attorney, meanwhile, will help you navigate the appraisal process and ensure that you are getting a fair settlement offer. Insurance appraisals can be confusing and costly, which is why it is best to consult with an experienced attorney. Contact our lawyers at HD Law Partners to discuss your unique case. Call at 813-964-7878 today.

5 Things to Avoid During the Hurricane Insurance Claims Process in Florida

Posted in Homeowners Insurance | No Comments »