Our Hurricane Blog | Colling Gilbert Wright & Carter

Hurricane damage and insurance laws are constantly being amended and revised. We stay current on these changes - it is our job, after all. Our blog page allows us to keep you updated on these changes, focusing on how these changes affect you, the insured.

Friday, May 29, 2009

Be Prepared for Hurricane Season


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.

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.

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posted by Michael Cerasa at 10:31 AM

Friday, May 22, 2009

New Florida Law Abrogates Florida Policyholders Rights Against Surplus Lines Insurers

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.

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posted by Michael Cerasa at 2:02 PM

Wednesday, August 27, 2008

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

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.

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posted by Michael Cerasa at 12:49 PM

Tuesday, July 8, 2008

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


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.

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.

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posted by Michael Cerasa at 5:09 PM

If you have further questions about hurricane damage law, please contact attorney Michael D. Cerasa today to arrange a consultation. Se habla español.

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