Garrett S. Elsinger

Garrett S. Elsinger.
Garrett S. Elsinger.

Garrett S. Elsinger earned his undergraduate degree in Political Science and History from Hope College, Holland Michigan in 1993. He earned his Juris Doctor from University of Miami School of Law in 1996. Garrett worked for the Broward County State Attorney’s Office from 1997 through 2003 where he rose to the position of Felony Trial Unit Supervisor and was responsible for the prosecution of vehicular homicide and second degree murder cases. He has been lead counsel in over 100 jury trials in both state and federal courts.  In 2003, Garrett opened his own law firm in Fort Lauderdale where he practiced criminal law. From 2008 through 2014 Garrett worked for Purdy, Jolly, Giuffreda & Barranco, P.A. where he practiced civil rights defense and government liability representing law enforcement officers in state and federal courts who were accused of false arrest, excessive force, and negligence. Garrett focuses his practice in the areas of homeowners’ first-party property insurance litigation and general civil litigation. He is admitted to practice in all Florida state courts and well as the federal courts for the southern and middle districts of Florida, the Eleventh Circuit Court of Appeals and the United States Supreme Court.

Practice Areas: 

  • Personal Injury & General Civil Litigation
  • Government Liability
  • Civil Rights
  • First-Party Property Litigation

Admitted to Practice:

Florida, 1996

Education:

  • Hope College, B.A. 1993
  • University of Miami School of Law, 1996

Professional or Trade Affiliations

  • Florida Bar Government Law Section
  • Florida Bar Criminal Law Section

Email: Gelsinger@mineolaw.com

Incredible Insurance Claim Stories

Proeprty Claim Law
New house destroyed by fire

Insurance claims stories seems to make news headlines nearly everyday, which is no surprise, as 1 in 15 homeowners make a claim each year, according the Huffington Post. Given the many potential disasters that come with homeownership there is a high chance all of us will be reaching out to our insurance provider at one point or another to make use of the insurance we pay for.

While there are certainly stories of simple claims processes, the anecdotes below show there may not be such thing as a standard insurance claims. Some of these stories highlight fraud; others show instances where homeowners were required to pay out of pocket for disasters and faulty appliances. As you’ll see, most of these stories took quite a negotiation to get claims paid and others were unable to collect payment from their provider.

  • After a fire, a homeowner threw out a charred designer purse. Noticing the purse, the claims adjuster opened it up to find $400,000 of precious jewels and jewelry inside – saving the homeowner another catastrophic loss.
  • A homeowner was hiding cash in her bookshelf and claimed it was stolen. Fortunately, she was covered and able to recover most of the money, but if a house fire had destroyed the money, she would be out of luck as this instance was not on her policy.
  • A house was completely burnt down, but the homeowner’s claim was denied because she owned a dog on her insurance company’s prohibited dog breeds list, even though the dog had nothing to do with the fire.
  • A homeowner was denied, by their insurance company, after filing a claim for damage from their broken refrigerator. The claim was originally denied because the home was ‘customarily unoccupied,” although the insurance company is now reevaluating this decision.
  • In an attempt to cash in on his property and automobile a homeowner lit them both on fire. He did not receive money, but did receive five years in federal prison for insurance fraud.
  • An electric cooker, used by children, caused a kitchen fire, which was reported to the insurance company.
  • An insurance company denied a claim for damage, from excess steam, caused by a malfunctioning washing machine. After taking legal action and pointing out to the judge, steam is a form of water, the homeowner won the case.
  • A homeowner’s wine collection was damaged due to sewer backup, which exposed the wine to heat. The homeowner was able to win the claim, but not before a challenging battle.
  • While a family was away on vacation, their home had a kitchen fire causing nearly $16,000 in damage. Upon arriving home, they were shocked to discover they were not covered, by their policy, for insurance fire.
  • In another odd instance, a goose swallowed a homeowner’s diamond ring and the insurance company refused to cover it.
  • Another homeowner had a toilet flood causing damage to his home, Even though this was immediately reported to the insurance company, they avoided his calls, did not pay out the claim and even became hostile causing an already stressful situation to become even worse.

To ensure you are covered and receiving the appropriate compensation from your homeowner’s claim please call the Mineo Salcedo Law Firm at 954-463-8100.

8-year-old attempts armed robbery at West Palm store

An eight-year-old boy remains in police custody after attempting to rob a local convenience store at gunpoint, in West Palm Beach.

The boy rode his bike to the store and entered wearing a motorcycle helmet and baggy clothes while covering his face with a sweater. The odd behavior of this child alerted the employees that something was not quite right.

The boy confidently told the cashier, “give me the money,” while pointing a gun at him. Fortunately, another employee was keeping an eye on the situation and twisted the boy’s hand allowing the employee to secure the gun. At this point, the employee locked the gun in an office and put the ‘would be robber,’ in another room to wait for the police to arrive.

The minor told his mother, Ebony Alls, he was going to the park and gave her a hug before leaving to attempt his stick-up. The mother realized something was wrong when she picked up her purse and noticed it was lighter than usual. Upon investigation, she discovered her loaded handgun had been taken from her purse.

Customers who were interviewed at the scene were shocked that an eight-year-old was able to secure a loaded gun.

This minor is undergoing a mental health evaluation as he mentioned wanting to kill himself after the incident. While the boy will be taken to a juvenile detention center, charges have not yet been filed against him or his mother.

If your home or business has been burglarized, you may be entitled to insurance benefits. Call The Mineo Salcedo Law firm for a free case evaluation. (954) 463-8100.

EF-1 tornado touched down in Coconut Creek

Property Claim Law

EF-1 tornado touched down in Coconut Creek

Property Claim LawIt is believed a tornado touched down in several areas throughout Broward County January 27, 2016, causing significant damage. While each of the touchdowns lasted only 10 or 15 seconds, it was plenty of time to cause several car accidents, tear off roofs, overturn vehicles and cause injuries to people in the area.

The first of the three touchdowns came on Broward College’s North Campus where students heard loud banging and severe rain around 9:30 am. Fortunately, there were no injuries reported at the college, as class was in session and students were safely indoors. In response, the college followed emergency protocol, alerting students and canceling daytime classes to allow for clean up.

On the turnpike, near Sample Road, there were several car accidents and a semi trucks that were flipped over due to the nearly 100 miles per hour winds. The tornado also made its way through Pompano Beach where it caused significant structural damage to at least one industrial building and left some residents fearing for their lives.

The third and final touchdown lasted no more than 15 seconds, but still ripped shingles from the roof of the Wyndmoor Retirement Community and uprooted tress before dissipating. The American Red Cross has been dispatched and is helping residents of the community.

During tornados and other severe weather, it is recommended, to stay inside and near an internal room to avoid and debris that may be flying due to the heavy winds.

If you think your property sustained any sort of storm damage, contact The Mineo Salcedo Law Firm for a consultation.  Call (954) 463-8100.

 

 

Insurance Claims Process Holding up Recovery of Cape Coral

cape coral tornado blog postAs the city of Cape Coral begins coming to terms with the loss and damage of their belongings and homes, many residents are growing frustrated of not being able to begin the healing process.

The $1.2 million in aid money from the Cape Coral emergency fund can help clean up debris, but most families are waiting on their insurance companies to repair their homes. Many of these residents are stating their insurance companies are still conducting estimates and not allowing them to begin the repair process until the insurance company completes their procedures.

As water continues leaking into homes and damage accumulates, many are waiting several days to speak with their adjuster. Of those who have had an adjuster visit their home, many are stating there are several days between the adjuster’s visit and an estimate being provided, all while the homes continue being battered by the elements. This gap is making an already catastrophic situation even more frustrating for the displaced families.

While insurance companies have agreed to assist with the cost of a hotel, residents are displaced for an unknown amount of time and having a tough time finding a longer-term rental property to live in during this especially busy rental season, causing additional heartache. The sooner these families can begin hiring contractors and putting their homes back the way they were, prior to the storm, the sooner they can get back their normal lives back.

Insurance Rates Still Rising In Spite of A Decade of Zero Hurricanes! Why?

The hurricane season has ended and in Florida, this means a decade of zero hurricanes in spite of the fact that the country has had a few devastating hurricanes since 2000. Florida though has had around 63 subtropical or tropical cyclones from 2000 up to 2013 causing over $64 billion in damages, 69 deaths, and 82 injuries. The strongest hurricane to hit Florida happened in 2004, Hurricane Charley. That hurricane alone cost $5.4 billion in property damages, $285 million in agricultural loss and damages, 24 deaths, and almost 800 injuries. In some areas, about 95% of the buildings were damaged. But that’s all part of Florida’s past and seeing that no hurricane has hit the state at all, it begs the question: Why does Florida have one of the highest rates in home insurance in the country?

Insurance experts have the answer. According to them, insurance providers are pointing the blame on construction materials. They say the cost of repairing or rebuilding has increased dramatically over the years, not even including the cost of labor. There is a domino effect that ends with the consumer paying higher rates.

Based on this logic, other states with few to no hurricanes should also have high insurance rates while states that have been hit by hurricanes in the past 10 years should have higher insurance rates than Florida because of more damages. According to Sean Shaw, a slightly controversial consumer advocate, insurance companies are just using this as an excuse to charge high rates. He adds that the higher rates consumers are paying is all part of corporate earnings especially for top executives. Shaw, who is a lawyer and son of a retired Supreme Court Justice, Leander Shaw ran for representative of the House District 61 but lost to Edwin Narain by a mere 774 votes.

Shaw remains determined to fight for the rights of consumers and whatever reasons insurance companies throw at those who dare complain can all be rebutted be it sink holes (Florida experiences the most number of sinkholes in the country) or insurance fraud.

Let’s look at sinkholes.

According to experts, sinkholes are not increasing but attention to it is growing because of the Internet and the shock value of seeing images of sink holes. In fact, insurance companies in Florida begun questioning claims on sinkhole damages so much so that in 2011, the state’s insurance law was overhauled. The new law actually devalues a property because it shuts the door on certain claims from the “sinkhole alley” of Florida which is Pasco and Hernando counties. This law makes it harder for property owners to qualify for damage claim so property owners are stuck with having to shoulder the cost should any part of their property be damaged by a sinkhole. Other lawyers say it is almost impossible to qualify under sinkhole damage because insurance companies are allowed to pick the engineers who will decide on claims. In addition, sinkhole is a separate insurance from the basic homeowner’s property insurance.

Let’s look at insurance fraud.

The Florida Division of Insurance Fraud gets over 10,000 alleged cases of insurance fraud with about 1,000 cases presented for prosecution. However, even if Florida ranks 3rd in the country for cases presented for prosecution and second in number of arrests for insurance fraud, the Florida’s Division of Insurance Fraud is highest in recovery of losses from insurance fraud. In 2009, restitution amounted to over $34 million.

Shaw insists, “At a certain point you have to tell the insurance agency we don’t care what the excuse is.” He insists that electing someone who will be pro-consumer is the best way to stop the rates from increasing.

Right now consumers have options to getting lowered insurance rates aside from electing pro-consumer leaders:

  1. Ask current state representatives and leaders to get tough on insurance
  2. Shop for insurance well in advance so you don’t get stuck with having to make fast decisions just to get it “over and done with”
  3. Invest in additional security and hurricane items like roof straps to get additional discounts

If you have an insurance claim or want to have our attorneys review your policy of insurance, please call The Mineo Salcedo Law Firm for a free consultation.  (954) 463-8100.

Insurance Rates Still Rising In Spite of A Decade of Zero Hurricanes! Why?

The hurricane season has ended and in Florida, this means a decade of zero hurricanes in spite of the fact that the country has had a few devastating hurricanes since 2000. Florida though has had around 63 subtropical or tropical cyclones from 2000 up to 2013 causing over $64 billion in damages, 69 deaths, and 82 injuries. The strongest hurricane to hit Florida happened in 2004, Hurricane Charley. That hurricane alone cost $5.4 billion in property damages, $285 million in agricultural loss and damages, 24 deaths, and almost 800 injuries. In some areas, about 95% of the buildings were damaged. But that’s all part of Florida’s past and seeing that no hurricane has hit the state at all, it begs the question: Why does Florida have one of the highest rates in home insurance in the country?

Insurance experts have the answer. According to them, insurance providers are pointing the blame on construction materials. They say the cost of repairing or rebuilding has increased dramatically over the years, not even including the cost of labor. There is a domino effect that ends with the consumer paying higher rates.

Based on this logic, other states with few to no hurricanes should also have high insurance rates while states that have been hit by hurricanes in the past 10 years should have higher insurance rates than Florida because of more damages. According to Sean Shaw, a slightly controversial consumer advocate, insurance companies are just using this as an excuse to charge high rates. He adds that the higher rates consumers are paying is all part of corporate earnings especially for top executives. Shaw, who is a lawyer and son of a retired Supreme Court Justice, Leander Shaw ran for representative of the House District 61 but lost to Edwin Narain by a mere 774 votes.

Shaw remains determined to fight for the rights of consumers and whatever reasons insurance companies throw at those who dare complain can all be rebutted be it sink holes (Florida experiences the most number of sinkholes in the country) or insurance fraud.

Let’s look at sinkholes.

According to experts, sinkholes are not increasing but attention to it is growing because of the Internet and the shock value of seeing images of sink holes. In fact, insurance companies in Florida begun questioning claims on sinkhole damages so much so that in 2011, the state’s insurance law was overhauled. The new law actually devalues a property because it shuts the door on certain claims from the “sinkhole alley” of Florida which is Pasco and Hernando counties. This law makes it harder for property owners to qualify for damage claim so property owners are stuck with having to shoulder the cost should any part of their property be damaged by a sinkhole. Other lawyers say it is almost impossible to qualify under sinkhole damage because insurance companies are allowed to pick the engineers who will decide on claims. In addition, sinkhole is a separate insurance from the basic homeowner’s property insurance.

Let’s look at insurance fraud.

The Florida Division of Insurance Fraud gets over 10,000 alleged cases of insurance fraud with about 1,000 cases presented for prosecution. However, even if Florida ranks 3rd in the country for cases presented for prosecution and second in number of arrests for insurance fraud, the Florida’s Division of Insurance Fraud is highest in recovery of losses from insurance fraud. In 2009, restitution amounted to over $34 million.

Shaw insists, “At a certain point you have to tell the insurance agency we don’t care what the excuse is.” He insists that electing someone who will be pro-consumer is the best way to stop the rates from increasing.

Right now consumers have options to getting lowered insurance rates aside from electing pro-consumer leaders:

  1. Ask current state representatives and leaders to get tough on insurance
  2. Shop for insurance well in advance so you don’t get stuck with having to make fast decisions just to get it “over and done with”
  3. Invest in additional security and hurricane items like roof straps to get additional discounts

If you have an insurance claim or want to have our attorneys review your policy of insurance, please call The Mineo Salcedo Law Firm for a free consultation.  (954) 463-8100.

The Grinch Is Alive In Miami Gardens: Arrest Warrants Out

The 1957 children’s classic from Dr. Seuss, “How The Grinch Stole Christmas” has heartbreakingly happened in Miami Gardens. Four men broke into a home and stole all the presents under the tree plus family jewels and other valuables.

Police have issued photos of the 4 men who were caught by the family’s surveillance cameras while in the act of being inside the home. The owner of the house, Toni (last name and photo withheld) said she got an alert around 10 in the morning from her ADT alarm while she was at work. The alert notified her that someone had gone into her home. Fortunately, Toni and her husband has the foresight to buy the cameras and install them immediately.

According the police reports and the videos from the surveillance cameras, the men entered the house through a bedroom window. The videos captured the faces and vital details about the men like their face features, what they were wearing, and arm tattoos. One man saw the camera and tried to hide his face.

The valuables that were taken included a necklace and earrings Toni’s husband bought for her which has significant sentimental value and all the Christmas gifts under the tree estimated  to be worth several thousands of dollars. One of the gifts was for her son and was a computer.

Not long after the house alarm sounded, armed police came into the scene with a K-9 unit but the men had already disappeared apparently leaving hurriedly after they saw the surveillance cameras. Toni calls the break-in heartless because it took away Christmas for the family including the presents that had “From Santa” on them. The Miami-Dade Crime Stoppers are offering a reward of $1,000 for any legitimate tip on the men or their whereabouts. Calls can be made to 305-471-TIPS. Callers can stay anonymous and still be eligible for the reward money.

If you have an insurance claim or want to have our attorneys review your policy of insurance, please call The Mineo Salcedo Law Firm for a free consultation.  (954) 463-8100.

The Grinch Is Alive In Miami Gardens: Arrest Warrants Out

The 1957 children’s classic from Dr. Seuss, “How The Grinch Stole Christmas” has heartbreakingly happened in Miami Gardens. Four men broke into a home and stole all the presents under the tree plus family jewels and other valuables.

Police have issued photos of the 4 men who were caught by the family’s surveillance cameras while in the act of being inside the home. The owner of the house, Toni (last name and photo withheld) said she got an alert around 10 in the morning from her ADT alarm while she was at work. The alert notified her that someone had gone into her home. Fortunately, Toni and her husband has the foresight to buy the cameras and install them immediately.

According the police reports and the videos from the surveillance cameras, the men entered the house through a bedroom window. The videos captured the faces and vital details about the men like their face features, what they were wearing, and arm tattoos. One man saw the camera and tried to hide his face.

The valuables that were taken included a necklace and earrings Toni’s husband bought for her which has significant sentimental value and all the Christmas gifts under the tree estimated  to be worth several thousands of dollars. One of the gifts was for her son and was a computer.

Not long after the house alarm sounded, armed police came into the scene with a K-9 unit but the men had already disappeared apparently leaving hurriedly after they saw the surveillance cameras. Toni calls the break-in heartless because it took away Christmas for the family including the presents that had “From Santa” on them. The Miami-Dade Crime Stoppers are offering a reward of $1,000 for any legitimate tip on the men or their whereabouts. Calls can be made to 305-471-TIPS. Callers can stay anonymous and still be eligible for the reward money.

If you have an insurance claim or want to have our attorneys review your policy of insurance, please call The Mineo Salcedo Law Firm for a free consultation.  (954) 463-8100.