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No “Backsies”: The Enforcement of Forfeiture Clauses Under Florida Law

Under Florida law, insurance coverage cannot be created by estoppel; however, enforcement of a forfeiture clause may be waived by an insurer’s conduct. Axis Surplus Ins. Co. v. Caribbean Beach Club Association, Inc., 164 So....more

Post-Irma Contingent Business Interruption (CBI) Claims

After Hurricane Harvey slammed into southeast Texas on August 25, 2017, our colleague Shannon O’Malley posted about the contingent business interruption (CBI) claims that would inevitably follow due to damage suffered by...more

Maria - Concurrent Causation in Puerto Rico

While Puerto Rico was spared a direct hit from Hurricane Irma, it now appears it will face the full brunt of Hurricane Maria. Maria is projected to strike Puerto Rico as a Category 4 Hurricane. Many of the same concurrent...more

Hurricane Irma – The State of Concurrent Causation and ACC Clauses in Florida

For years Florida courts were plagued by the issue of determining the appropriate theory of recovery to apply when two or more perils converge to cause a loss and at least one of the perils is excluded from an insurance...more

Irma - Florida Property Insurance Claims Checklist

On September 4, 2017, Governor Rick Scott issued an Executive Order officially declaring a state of emergency in all 67 counties within the State of Florida in response to Hurricane Irma. Florida insurers are subject to...more

Concurrent Causation in Puerto Rico

While Puerto Rico was spared a direct hit from Hurricane Irma, it was lashed by Irma’s wind and experienced significant amounts of rain that will likely lead to flooding. There may also be damages arising from storm surge...more

Down…But, Not Out!

Assignment of benefits (“AOB”) have become a double-edge sword for the consuming public. While the public policy reasoning for their creation, to allow the insured to obtain immediate, necessary assistance in meeting their...more

What's in a Name?

The 2017 Atlantic Hurricane Season started on June 1, 2017, with one preseason storm already under our belt. The first tropical storm, Arlene, formed on April 20, 2017, only lasted a few days and did not receive much...more

6/14/2017  /  Hurricane Season , NOAA

Tropical Storm Hermine | A Quick Reference Compliance Guide to Adjusting Storm Related Claims in Florida

..Once a wind storm is named as a hurricane by the National Weather Service, and a warning or watch for any part of Florida is issued, all wind losses in the state from that time until 72 hours after the last warning or watch...more

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