Our Hurricane Blog | Colling Gilbert Wright & Carter

Fifth Anniversary of Hurricanes Charley, Frances, Jeanne and Ivan is Important Legal Milestone

2009-08-12T09:52:00.002-04:00

The 2004 hurricane season in Florida will be remembered for producing four intense hurricanes, Charley, Frances, Jeanne, and Ivan, and countless homeowners insurance claims. As the fifth anniversary of these storms arrives, if you still have an open insurance claim from one of these storms, or if you feel you were not paid enough on a claim you previously made from one of these storms, you need to act now to protect your rights.

Florida law has a five year statute of limitations on breach of contract claims. If you have a claim from one of these storms that is still pending, you need to act soon or any legal action you may have could be barred forever.

If your home or business is damaged because of a tropical storm or hurricane, make sure you contact an experienced property damage attorney before settling your claim with your insurance company. Knowing your rights is important to ensuring you receive all the insurance benefits you are entitled to.

South Florida "Rocket Docket" to Set Trials on Chinese Drywall Cases

2009-08-12T09:44:00.003-04:00

Interesting article from the Daily Business Review regarding the consolidation of Chinese Drywall cases into the Federal Court in the Southern District of Florida.

If you suspect your home contains Chinese Drywall, contact one of our property damage attorneys today for a free consultation. Given the speed with which these claims are being handled by the Courts, it is vital to protect your legal rights.

Be Prepared for Hurricane Season

2009-05-29T10:31:00.003-04:00

The National Oceanic and Atmospheric Administration has put together a comprehensive Hurricane Preparedness Site. Anyone who lives in a hurricane prone region should take the time to review this important resource.

The first step to protecting you, your family, and your property during hurricane season is to ensure you have appropriate supplies on hand in advance in case a storm comes through your area. In advance of storms, many areas run out of important supplies such as bottled water, non-perishable food items, plywood and tarps. Keeping a supply of these items on hand ensures you will be prepared in the event of a hurricane.

New Florida Law Abrogates Florida Policyholders Rights Against Surplus Lines Insurers

2009-05-22T14:02:00.004-04:00

Many Floridians do not realize that there are two classes of insurance companies, admitted insurers, which are licensed and strictly regulated, and surplus lines insurers, which are not as tightly regulated, but are major providers of insurance to Floridians.

Florida House Bill 853 was passed earlier this month in the 2009 Legislative Session and will likely be signed into law very soon by Governor Crist. The law exempts surplus lines insurers from all of the consumer and policyholder protections afforded to Floridians under Florida Statutes Chapter 627.

This bill eliminates protections against surplus lines insurers granted under the law that Floridians currently have against admitted, or licensed, insurers. Not only does this dangerous law eliminate these protections for claims not in litigation against the insurer by May 15, 2009, the law retroactively applies to all claims brought since 1988.

If you currently have a claim dispute against a surplus lines insurer, contact an experienced property damage attorney today to learn your rights and get an explanation as to how this new law affects your claim.

The Devastating Effects of Chinese Drywall

2009-05-22T09:19:00.002-04:00

Here is an interesting report from CNN regarding the devastating effects Chinese Drywall can have on your home.

Contact one of our property damage attorneys today for a free consulatation to know your legal rights.

NOAA Predicts Active 2009 Hurricane Season

2009-05-21T12:53:00.002-04:00

The National Oceanic and Atmospheric Administration predicts the 2009 Atlantic Hurricane season will have 9 to 14 named storms, including 4 to 7 hurricanes, 1 to 3 of which will be major hurricanes. The Atlantic Hurricane season runs from June 1 until November 30. Now is the time to make sure you, your family and your home are prepared for hurricane season. For tips on how to prepare for the season, and make your home more storm resistant, refer to:

My Safe Florida Home

Hurricane Resources

Now is the time to prepare to make sure you, your family, and your property remain safe during this year's hurricane season. If your home is damaged by a storm, make sure you know your rights before you make a claim to your insurance company. Being prepared and knowing your rights are important in making sure you get all the insurance money you are entitled to. If you have experienced flood damage to your home or business, don't deal with the insurance company alone. Let an experienced property damage attorney help guide you through the claim process and ensure you and your family are properly compensated for your loss. Contact us today. Se habla espanol.

Brush Fires Damage Property in Punta Gorda

2009-03-29T16:44:00.001-04:00

A devastating brush fire ran out of control recently in Punta Gorda. Despite the best efforts of the fire department and its brave firefighters, the fire invaded residential areas severely damaging and destroying homes, cars, boats and more. And it destroyed not just material things, but countless family memories and heirlooms valuable more in what they meant to families than in their tangible worth.

At CGWC our experienced insurance attorneys are skilled at forcing reluctant homeowners insurance companies to pay families what they deserve when their homes and belongings are destroyed by fire or storm. If you've been the victim of a storm or fire, don't rely on the insurance company to treat you fairly. Get an attorney and make sure you're getting the insurance benefits you paid for. Contact CGWC to speak to one of our insurance attorneys.

Devastating Effects of Chinese Drywall Grows

2009-03-18T14:56:00.002-04:00

The problems faced by Florida homeowners whose homes were built between 2004 and 2006 continue to grow due to the devastating effects of imported Chinese drywall. This drywall, which contains high amounts of sulfur, can cause damage to the home and its electrical and appliance systems.

If you have any of the following problems with your recently built home, you may have Chinese drywall installed:

Corroded wiring or wiring that has turned black
Silver jewelry that has turned black
Piping that needs to be replaced or that has turned black
Electrical problems
Air-conditioning problems
Bad odor (rotten egg smell) in home or office

Contact one of our property damage attorneys today for a free consulatation to know your legal rights.

Florida Insurance Commissioner Declares Hurricane Deductibles Do Not Apply to Tropical Storm Fay Claims

2008-08-27T12:49:00.002-04:00

Florida Insurance Commissioner Kevin McCarty issued an advisory to Florida homeowners that the hurricane deductible of their homeowner’s policy does not apply at this time, because the National Hurricane Center has not upgraded Tropical Storm Fay to a hurricane. Insurance companies must apply the deductible that is unrelated to hurricane, generally referred to as the “all other perils deductible” or “other than hurricane deductible.”

The hurricane deductible only applies when property damage results from a named hurricane. Consumers should review their policies and contact their agent if they have any questions.

Commissioner McCarty has sent an informational memorandum on this issue to all authorized property and casualty companies.

The Office of Insurance Regulation (Office) has created a special link to information about hurricane deductibles on its Web site, www.floir.com, in the center section of the home page.

If you have sustained damage to your home or business from Tropical Storm Fay, contact our office for a free consultation and learn about your rights under your insurance policy. Se habla espanol.

St. Johns River to Cause Additional Flooding after Tropical Storm Fay

2008-08-26T17:19:00.002-04:00

According to reports, additional flooding is expected over the next several days in Central Florida as the waters of the St. John's River continue to rise to levels not seen since 1924. Areas of Brevard County, Seminole County, Volusia County, Orange County and Lake County have seen intense flooding after Tropical Storm Fay. Areas of DeBary have been hit particularly hard.

If you have experienced flood damage to your home or business, don't deal with the insurance company alone. Let an experienced property damage attorney help guide you through the claim process and ensure you and your family are properly compensated for your loss. Contact us today. Se habla espanol.

What to Do if Your Home Sustains Damage from a Hurricance, Tropical Storm or Flood

2008-08-26T15:38:00.003-04:00

In the aftermath of a devastating hurricane, tropical storm or flood, you may be lost as to what to do. Here are some important tips as to what to do once you and your family are in a safe location:

1. Notify your homeowners and/or flood insurance carrier of the damage as soon as possible.

2. Keep receipts for all items of expense you incur if you are forced to relocate from your home (hotel, food receipts, gas receipts, etc.).

3. If you can safely do so, you should take steps to protect your home and its contents from further damage (for example, placing tarps over holes in the roof, boarding up broken windows, moving items of personal property off the floor). Also, keep your receipts for any supplies you purchase to protect the home.

4. If you need to throw out any damaged personal property within your home, take pictures of
the damaged property first! You will need to prove the items were damaged to your insurance company.

Don't automatically assume you have to accept what the insurance company offers you to settle your property damage claim. Insurance companies often deny legitimate claims or undervalue claims significantly. If you have an insurance claim and need help. Contact an experienced property damage attorney for a free consultation. Se habla espanol.

More than 10,000 Insurance Claims Filed as a Result of Tropical Storm Fay

2008-08-25T15:41:00.003-04:00

As of today, Floridians have filed more than 10,000 insurance claims with their homeowners, auto, and flood insurance carriers from damage resulting from Tropical Storm Fay, according to information from the Florida Office of Insurance Regulation.

If you have filed an insurance claim with your insurance company for damages from Tropical Storm Fay and your claim has been denied or you feel your insurance company is not adequately compensating you for your loss, contact Michael D. Cerasa, an experienced property damage attorney. Se habla espanol.

Tropical Storm Fay Brings Floods to Central Florida

2008-08-21T21:37:00.004-04:00

Tropical Storm Fay has brought significant flooding to central Florida; especially in Brevard County, Volusia County and Seminole County. Some sources are estimating damages in Brevard County at more than $10 million dollars.

If you have experienced property damage as a result of Tropical Storm Fay, don't go through the insurance claim process alone. Consult with an experienced insurance claim attorney. Contact us today. Se habla espanol.

Tropical Storms and Hurricanes can Spawn Tornadoes

2008-08-19T17:31:00.003-04:00

While most people focus on the devastating effects of wind and rain that accompany a tropical storm or hurricane, it is easy to forget that these storms can cause devastating tornadoes to form. During a tropical storm or hurricane, stay vigilant, and pay attention to news and weather alerts on television or on the radio. Keeping advised of tornado watches and warnings can help to keep you and your family safe.

If your home or business has suffered damage from a tropical storm, hurricane or tornado, and you want to know your rights under your insurance policy, contact an experienced property damage claim attorney for a free consultation. Se habla espanol.

Tropical Storm Fay Expected to Strengthen to Hurricane Fay Before Making Florida Landfall

2008-08-17T21:02:00.004-04:00

A Hurricane Watch is in effect for all of the Florida Keys from Ocean Reef to the Dry Tortugas. A Tropical Storm watch is also in effect for the Southeast Coast of Florida From Ocean Reef northward to Jupiter Inlet and for Lake Okeechobee.

A hurricane watch is issued by the National Hurricane Center when a hurricane is about 36 hours away from landfall. A hurricane warning is issued when the storm is 24 hours, or less away from land and when winds are expected to reach 74 mph or greater.

Residents in these areas should closely monitor this storm and tune in to local media outlets for the most current information and guidance from local officials. All Floridians should review their emergency plans and be prepared to take action if required by local officials.

Tropical Storm Fay On Course to Hit Florida

2008-08-16T16:19:00.004-04:00

Forecasters warned that Tropical Storm Fay could bring hurricane-force winds to the Florida Keys as soon as Monday. Fay could hit as a Category 1 or 2 hurricane, with winds perhaps reaching more than 100 mph, forecasters said Saturday, stressing that it was too early to tell how intense the storm would become. In anticipation, Gov. Charlie Crist declared a state of emergency for the state.

If your home or business sustains any damage as a result of Tropical Storm Fay and you have any doubts about whether your hurricane homeowners’ insurance company is treating you fairly regarding your insurance claim, please contact experienced hurricane damage attorney Michael D. Cerasa today to arrange your free consultation. Se habla español.

Click Here for the latest weather updates and to track Tropical Storm Fay.

National Hurricane Center Updates 2008 Atlantic Storm Season Predictions

2008-08-11T17:12:00.004-04:00

NOAA’s 2008 Atlantic Hurricane Season Outlook update indicates an 85% probability of an above-normal hurricane season, a 10% chance of a near-normal season, and a 5% chance of a below-normal season. See NOAA definitions of above-, near-, and below-normal seasons. The Atlantic hurricane region includes the North Atlantic Ocean, the Caribbean Sea, and the Gulf of Mexico.

To date, the 2008 Atlantic hurricane season has produced five named storms, two hurricanes, and one major hurricane.

This means that NOAA expects considerable activity during the remainder of the 2008 season, with an additional 9-13 named storms, 5-8 hurricanes and 2-5 major hurricanes likely during the remainder of the season (August 7th through November 30th).

If your property is damaged by a hurricane, make sure you protect your rights against your insurance company. Michael Cerasa knows how insurance adjusters work. He knows the tricks they use to undervalue a claim. It is a central part of an adjuster’s training to make sure their insurance company pays out the least amount possible. It is therefore in your best interest to hire a hurricane damage attorney before having the damage appraised. Mr. Cerasa will represent you during the appraisal, ensuring that your appraisal is fair and that all damage is properly accounted for.

If you have any doubts about whether your hurricane homeowners’ insurance company is treating you fairly regarding your insurance claim, please contact experienced hurricane damage attorney Michael D. Cerasa today to arrange your free consultation. Se habla español.

Homeowners May Be Twice Burned as Insurers Cap Policy Coverage

2008-08-01T13:43:00.003-04:00

From Bloomberg.com:

Wildfires are threatening homes in California, while East Coast residents brace for hurricane season. Judging by recent catastrophes, people should review their homeowners' coverage to make sure dollar amounts keep pace with current construction expenses.

About two-thirds of U.S. homes were underinsured in 2007 by an average 18 percent, according to data compiled by Los Angeles-based Marshall & Swift/Boeckh, which provides building-cost information for the insurance industry.

Owners often confuse the estimated resale value of their homes, which includes the value of the land, with what it costs to rebuild. The latter is determined by market prices for contractors and building materials, not the local housing market...

Link to Full Story

If you have any doubts about whether your insurance company is treating you fairly regarding your fire damage insurance claim, please contact attorney Michael D. Cerasa today to arrange your free consultation. Se habla español.

The Importance of Flood Insurance

2008-07-16T16:55:00.003-04:00

It is important to plan well in advance of hurricane season to assess your insurance needs to protect your home and family. If you live in low lying or coastal areas, purchasing a separate flood insurance policy is a must.

A homeowner’s policy or condo owner’s policy will cover most types of water damage, but usually not flood damage. Flood damage is covered under a separate policy, and perhaps you have both of these policies. Disputes often turn on the determination of whether damage is from “flood” or from “water”. There’s a strict legal definition for what a flood is.

One extremely important thing to remember is that a newly purchased flood insurance policy does not take effect until after 30 days, so purchasing a policy as a storm approaches will not protect you. More information about flood insurance can be found at Floodsmart.gov.

If you have a flood insurance policy and you feel your claim has been denied or you have not been fully compensated, please call us or send us an email. We can give you a free consultation and start to determine whether you might have a valid legal claim. Our office serves all of Florida. Se habla español.

Florida Property Insurance Reform Bill Goes into Effect July 1, 2008

2008-07-08T17:09:00.004-04:00

The Florida Property Insurance Reform Bill, passed during the 2008 legislative session becomes law effective July 1, 2008. It offers a number of important protections and upgrades for Florida homeowners. Among the more important changes made to Florida law:

Extends the rate freeze for Citizens Property Insurance Corporation, the state's insurer of last resort, to January 2010.
Allows single-family residential homes and condominiums with a replacement value of up to $2 million into the Citizens insurance pool.
Requires Citizens' policyholders of property located in wind-borne regions and with an insured value of $500,000 or more to disclose the property's windstorm mitigation rating to prospective buyers.
Increases fines for violations of the insurance code and for unfair trade practices by private insurers.
Extends by one year to January 2010 a provision from last year's insurance bill that requires insurers to get state approval before raising property insurance rates.
Requires insurers to notify state regulators 90 days before dropping more than 10,000 homeowners' policies in one year.
Requires insurers to use state-approved methods to predict the risk of hurricanes, a key factor in setting rates.
Creates a bad faith cause of action for insurers who fail to pay undisputed portions of claims within 90-days.

While it does not completely solve all the problems causing rising insurance costs here in Florida, some of the requirements should help bring additional relief to residents who have seen their premiums sky rocket over the last few years.

Hurricane Preparedness

2008-07-03T14:21:00.003-04:00

As we enter the 2008 hurricane season residents should have enough supplies on hand to survive for at least three days after a hurricane hits. Here’s a checklist of the basic items for a disaster supplies kit that will help you survive the first 72 hours:

FOOD AND DRINK

□ Drinking water: 1 gallon per person per day.
□ Enough nonperishable food for at least the first few days.
The ideal: two weeks’ worth.
□ Comfort food (cookies, pastries) to relieve stress.
□ Toilet paper, paper towels, plastic tableware and cups, wet wipes,
plastic wrap, plastic trash bags.
□ Two coolers: one for food, one for ice.
□ Manual can opener.

HEALTH AND SAFETY

□ A flashlight and batteries for each family member.
□ First-aid kit: bandages, antiseptic, tape, compresses,
pain relievers, anti-diarrhea, medication, antacid.
□ Medication for routine illnesses such as colds.
□ Liquid soap, hand sanitizer, wet wipes, toothbrushing pads.
□ Water purification kit.
□ Two-week supply of medications.
□ Fire extinguisher.
□ Infant necessities: medicine, diapers, formula, bottles, wipes.

MISCELLANEOUS:

□ Cleanup supplies: mop, buckets, towels, disinfectant, bleach, for demolding.
□ Camera or camcorder to properly record property before the storm and document damage.
□ Extra batteries.

IF YOU EVACUATE:

□ Pillows, blankets, sleeping bags or air mattresses. Shelters provide no sleeping facilities.
□ Folding chairs or cots.
□ Extra clothing and shoes.
□ Personal hygiene items: tooth-brush, washcloth, deodorant, etc.
□ Food, water, ice.
□ Prescription medications in their original containers.
□ Books, handheld games, cards, toys, needlework.
□ Cash. ATMs, credit-card networks might be down.

EXTRAS YOU MIGHT NOT THINK OF:

□ Fill you car’s gas tank.
□ Extra eyeglasses; sunglasses.
□ Insect repellent.
□ Sunscreen.
□ Appropriate clothes for after the storm passes: closed-toe shoes, dry socks, rain gear, hat.
□ Flat fixer for tires.
□ Work gloves.

If your place of residence or business has suffered damage from a hurricane or other extreme weather, it is in your best interest to hire an experienced hurricane damage attorney. Michael Cerasa knows how to get you the maximum amount of compensation you deserve from your insurance carrier.

You do not have to deal with uncooperative insurance companies by yourself. Michael D. Cerasa is here to help. Please contact us today and we will be glad to set up a free consultation for you. Se habla espanol.

Welcome

2008-06-20T15:14:00.001-04:00

If your place of residence or business has suffered damage from a hurricane or other extreme weather, it is in your best interest to hire an experienced hurricane damage attorney. Michael Cerasa knows how to get you the maximum amount of compensation you deserve from your insurance carrier.