News & Analysis as of

Property Insurance Hurricane Irma

Butler Weihmuller Katz Craig LLP

Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida...

Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though...more

Carlton Fields

Florida Federal Court Affirms Insurer’s Denial of Hurricane Irma Claim Reported More Than Two Years Late

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The U.S. District Court for the Southern District of Florida granted a motion for summary judgment in favor of the insurer in LMP Holdings v Scottsdale Insurance Co., holding that the insurer was prejudiced by the insured’s...more

Cozen O'Connor

When Better Late Than Never Isn’t Good Enough: Florida Federal Court Grants Summary Judgment For Insurer In Late-Reported...

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On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case...more

Butler Weihmuller Katz Craig LLP

Florida’s Second DCA: Coverage Can Remain at Issue Even After Insurer’s Payment

A Florida appellate court recently made clear that the issue of insurance coverage can remain in dispute, even where an insurer has already paid out some benefits to an insured in connection with a claim.  Avatar Prop. & Cas....more

Chartwell Law

Plaintiff Maintains Initial Burden of Proof to Establish Causation in Hurricane Irma Claims

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Florida Statute §627.70132 allows an insured to make a claim for an alleged hurricane loss within three years of the event. This statute, however, is not a waiver of the insured’s initial burden of proof to establish...more

Burr & Forman

Florida’s Second District Court of Appeals Adopts a Dual-Track Approach For the Appraisal of Property Insurance Claims

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When an owner seeks the appraisal of a property insurance claim, insurers commonly object by demanding that the trial court must first rule on defenses to coverage before allowing appraisal panel to value the total claim...more

Butler Weihmuller Katz Craig LLP

The Evolving Limitations on Appraisers in Florida: Analyzing State Farm Florida Ins. Co. v. Sanders

Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect to appraisers and the appraisal process as a whole. ...more

Carlton Fields

Florida Federal Court Compels Arbitration of Coverage Dispute Under the New York Convention

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The plaintiff sought coverage for property loss due to Hurricane Irma, and the defendant successfully moved to compel arbitration. The plaintiff opposed arbitration, arguing that the subject policy was unsigned and thus did...more

Butler Weihmuller Katz Craig LLP

What Baseball Has Taught Me About The Insurance Appraisal Process

Anyone who has ever watched baseball knows that umpires sometimes make an incorrect call. In appraisal of a property insurance claim, sometimes the umpire can make a mistake as well....more

Esquire Deposition Solutions, LLC

AOB lawsuits compound agony of Florida hurricanes

The storms of 2017 not only affected lives and property, they occasioned a flurry of litigation in Florida that has revived perennial calls for reform. During hurricane Irma, strong winds blew trees onto roofs, and heavy...more

Carlton Fields

An Expert Is Only As Good As His Actual Experience

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Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. ...more

Gray Reed

The Storm After the Storm

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Just as the Texas coast assessed the magnitude of Hurricane Harvey’s damage, Hurricane Irma was taking shape in the Atlantic. Fewer than two weeks later, Irma would crash into the Florida Keys. Estimates put Harvey and Irma’s...more

Bradley Arant Boult Cummings LLP

Trigger for Hurricane and Named Storm Deductibles

Recent damage from Hurricanes Harvey, Irma, and Maria have focused attention on special “named storm” and “hurricane” deductible endorsements found in most property insurance policies issued for coastal areas. Such...more

Bradley Arant Boult Cummings LLP

After the Waters Recede: The Mortgage Servicer’s Role in Navigating Insurance Claims, Part II

In the first part of the series “The Mortgage Servicer’s Role in Navigating Insurance Claims,” we covered assessing the damage in the wake of a natural disaster and applying the proceeds when complying with the terms of...more

Bradley Arant Boult Cummings LLP

After the Waters Recede: The Mortgage Servicer’s Role in Navigating Insurance Claims, Part I

Following the recent hurricanes that have damaged many homes beyond repair, borrowers may seek to apply any available insurance proceeds to satisfy the outstanding balance on their loans rather than repair the property....more

K&L Gates LLP

Hurricane Irma: Florida Commercial Insurance Claims for Loss of Power Damages

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Hurricane Irma left millions of businesses in the Southeastern United States without electricity for days and in some instances more than a week. This undoubtedly impacted the more than 2,000 aerospace and aviation companies...more

Searcy Denney Scarola Barnhart & Shipley

After Hurricane Irma, It May Be Property Owners Against Insurers

Hurricane Irma made a mess of Florida as it slammed into the Keys and pushed its way up the west coast, uprooting trees, destroying neighborhoods and costing lives. We all must now go forward and rebuild what is left....more

Zelle  LLP

Post-Irma Contingent Business Interruption (CBI) Claims

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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

Carlton Fields

Navigating Florida Property Coverage Waters After Hurricane Irma

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As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more

Carlton Fields

Adjusting Claims in Florida Following Hurricane Irma

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As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance...more

Carlton Fields

The Uncertainties Of Prognostications Of The Impact Of Hurricanes Harvey And Irma On Catastrophe Bonds

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We have rarely provided our opinions or market commentaries in our Reinsurance Focus posts, preferring instead to provide our readers hopefully balanced analyses of court opinions, legislation, and regulations affecting the...more

Locke Lord LLP

Florida Governor Scott Orders Freeze on Property and Casualty Rate Increases

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On Tuesday, September 12th, Florida Governor Rick Scott directed Insurance Commissioner David Altmaier to “freeze any and all efforts” to increase property insurance rates. In addition, Governor Scott stated that...more

Bowditch & Dewey

Rebuilding After Hurricanes Harvey and Irma: Recovery Through Tax Deductions

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It is estimated that less than 20% of those affected by Hurricane Harvey, and a week later Hurricane Irma, had flood insurance. Home owner’s and renter’s insurance policies exclude damage caused by floods. Those affected...more

Butler Weihmuller Katz Craig LLP

Handling Assignment of Benefit ("AOB") Claims in the Wake of Hurricanes Irma and Harvey

Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage...more

Pillsbury Winthrop Shaw Pittman LLP

Hurricane Harvey and Irma: Is Your Company Prepared for a Disaster? The Property and Business Interruption Insurance Checklist

An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance policies cover those risks in order to manage them and maintain...more

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