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Tips For Preserving Your Case For Appeal

Preserving Your Case For Appeal

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Appellate review differs significantly from litigation. Statistically, appeals stem from receiving the most undesirable outcome for a client. Appealing from a trial court decision can be daunting and confusing for attorneys who are not prepared. Attorneys are so busy preparing for and during trial that they tend to forget about preserving the case for appeal. Here are some tips for preserving your case for appeal.

There are some important questions you will want to consider when evaluating a potential appeal:

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How water damage affects your home

When a flood enters your home contact us about Homeowner's Insurance Claims

If your house was hit by a flood, it is important to learn how water damage affects your home.

Within Minutes:

  1. Water contamination spreads to additional areas, increasing the expense of restoration.
  2. Any stains released from furniture (especially antiques) stain the carpets permanently.
  3. Moisture-sensitive furniture finishes turn white.
  4. Paper goods are ruined due to moisture absorption, which causes swelling and warping.
  5. Latent animal urine odor becomes noticeable.

Within Hours:

  1. Furniture in direct contact with the water begins to delaminate or swell, legs begin to split.
  2. Swelling wood can cause finishes to crack.
  3. Sheetrock (drywall, gypsum board) starts to swell.
  4. Microorganisms begin to germinate, causing bacterial odor.
  5. Dyes from non-colorfast fabrics start to migrate.
  6. Metal surfaces start to tarnish.

Within Days:

  1. Mycelium fungi appears, along with their characteristic “musty” odor.
  2. Severe warping of wood finishes becomes apparent, and adhesive release forces delamination.
  3. Hygroscopic internal components in pianos and organs swell from condensed moisture absorption.
  4. Metal surfaces rust, pit, or corrode, causing permanent damage.
  5. Paint blisters, plaster dissolves, and wall covering adhesives release.
  6. Door and window casings swell and delaminate.
  7. Wood housing structures (decking, joists, studs) start to swell and warp.
  8. Persons with asthma or the infirm elderly start to develop hypersensitivity reactions.

Within Weeks:

  1. Due to prolonged dampness, mold roots into organic materials (jute backings, paper coverings on sheetrock, paneling, wood, contents) and destroys them.
  2. Wood components warp and split, while chemicals within the wood destroys finishes.
  3. Claim costs escalate drastically, as gutting the structure and replacing components becomes necessary.
  4. Occupants must be evacuated due to biological health hazards.
  5. Children may become sensitized to allergens arising from uncontrolled microorganism growth.

 

 

Source:  https://www.linkedin.com/pulse/how-water-damage-affects-your-home-coleen-schmitt

Florida’s Citizens Recovery Unit Increased Policyholder Refunds in 2014

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Citizens Property Insurance Corp. reports it returned nearly $310,000 in refunds to affected policyholders in 2014 as part of its efforts to recover claims payments of $4.9 million by pursuing reimbursement from product manufacturers, contractors and other third parties responsible for the losses.

Citizens’ recovery unit was established in 2009. Its eight employees are charged with reviewing claim losses that appear to be the fault of someone other than Citizens’ policyholders. Common causes for recovery include defective products, improper installation and negligent actions of other responsible parties.

The recovery unit surpassed its 2014 goal of $3.3 million by more than 30 percent by taking back more than $12,000 per claim in 2014 compared to its rate of more than $10,000 per claim in 2013, according to the company.

Citizens’ ability to recover against parties that caused or contributed to losses sustained by policyholders gave Citizens the ability to refund a total of $309,335 in deductibles on 383 claims in 2014. Affected policyholders received an average refund on their deductibles of more than $800.

Kay Weldon, Citizens claims manager overseeing the recovery efforts says Citizens’ recoveries in 2014 had a direct impact on keeping premiums as affordable as possible while ensuring that Citizens policyholders receive all they are entitled to.

“The funds we recover either go to individual policyholders directly or are set aside to boost Citizens’ surplus to benefit all Florida policyholders,” she said.

Source: Citizens Property Insurance Corp. — http://www.insurancejournal.com/news/southeast/2015/02/20/358125.htm

Continuous Seepage

Continuous Seepage

Continuous SeepageOne of the most common claims filed by homeowners in Florida involves water damage. Water damage can have several causes, including but not limited to plumbing leaks, roof leaks, drain line backups, washing machine leaks or a/c leaks. These water leaks can cause substantial damage to a residence or personal property and furniture. While most insurance policies cover such sudden and accidental water leaks, the most common denial for such claims is the constant or continuous seepage exclusion.   This exclusion comes into play when the insurance company retains an expert or independent adjuster to inspect the damaged property and provide an opinion that the damage is long term. The insurance company will rely on photographs, the existence of prior claims, prior repairs or prior plumbing issues to support their opinion. As a result, homeowners might be faced with the difficulty of trying to prove that the water damage they sustained on their property was sudden and accidental.Continue reading

Florida Appellate Court Affirms Holding that Arson Constitutes Vandalism

Arson Constitutes Vandalism

An incendiary fire destroyed a home that had been vacant for more than thirty days. The carrier denied the claim under the policy’s vacancy exclusion that excluded damage caused by vandalism and malicious mischief. The policyholder argued that while one could argue that arson constitutes vandalism, since vacancy was not defined by the policy, the exclusion should be considered ambiguous. The 5th District Court of Appeals in Florida disagreed and affirmed the trial court’s ruling that the plain meaning of vandalism included intentionally set fires. Botee v. Southern Fidelity (Feb. 6, 2015, Fla. 5th Dist.).

House bill aims to curb contractor abuses by barring attorneys fees

Attorneys would not be able to collect fees if they sued insurance companies on behalf of a repair contractor or other third party to an insurance contract, if a proposed state law filed this week is enacted.

State Rep. John Tobia, R-Melbourne Beach, filed the bill Monday, minutes after insurance industry spokesmen asked lawmakers to help curb contractor abuses and increases in lawsuits and repair bills for water damages.

The insurers blame the increase on the ability of home insurance policyholders to sign over their claims benefits to repair contractors.

At a House Insurance & Banking Subcommittee workshop in Tallahassee on Monday, insurance industry spokesmen said attorneys are coaching water damage repair contractors to persuade policyholders to sign over benefits, then inflating invoices and suing. Contractors say they sue when insurers deny payment or pay less than the invoice amounts.

Insurers called for banning or restricting policyholders’ ability to assign their claims benefits.
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Tips for Filing a Homeowner’s Insurance Claim

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homeowner's insurance tipsMost Florida homeowners have an insurance policy to protect their home against water damage, storm damage, vandalism, theft and fire. When a loss occurs, your insurance policy should allow you to return your property to its pre-loss condition. Yet, countless homeowners experience a feeling of helplessness when their claim is denied or underpaid by the insurance company. This article addresses a few important points that you should know about a typical Florida Homeowner’s insurance policy and will hopefully increase your awareness of your rights and the steps to take in the event of a loss.

1. Understand your insurance policy.
All homeowners in Florida should read and attempt to understand their policy. If you have a question about what is covered or not covered, speak to your insurance agent or an experienced property insurance attorney to obtain a detailed explanation. A typical Florida Homeowner’s insurance policy will pay for damage to your property and possessions after a loss. A loss can be a storm such as a hurricane, tornado, fire, plumbing or roof leak, theft, or act of vandalism. The insurance policy should also cover your out of pocket expenses if the loss is significant enough to displace you from your home.

Most Florida Homeowner’s insurance policies do not include coverage for damages caused by power failure, faulty zoning, earth movement, defective maintenance, bad workmanship and flooding. Also, with respect to plumbing leaks, most policies exclude damage caused by any leaks that have been ongoing for an extended period of time, or damage caused by “constant or repeated seepage or leakage.” Your insurance company may rely on its interpretation of the policy to wrongfully deny your claim.

2. File your claim immediately
A Florida Homeowners’ insurance policy lists the duties you have to comply with in order to have a right to coverage. One such duty that exists in every insurance policy is the duty to timely report your claim to the insurance company. The window to report a claim can be as short as only a few days. Additionally, by not immediately reporting your claim, you might be allowing the conditions of the property to worsen over time, which could result in the insurance company denying your claim for failure to mitigate damages. Keep in mind that you, as the insured, are entitled to challenge the insurance company’s denial and it is the insurance company’s burden to show why a claim is not covered.

3. Document everything
Another important duty that is included in a Florida Homeowner’s insurance policy, is the Homeowner’s obligation to provide the insurance company with documentation of their loss. This includes providing any receipts, police reports, photographs or videos in your possession. To avoid a denial based upon lack of cooperation by the insurance company, you should keep copies of everything.

If you have any questions concerning your Homeowners’ insurance policy, or think you may have a property claim, call The Property Claim Lawyers of The Mineo Salcedo Law Firm. One of our attorneys will be happy to review your insurance policy and conduct a free inspection of your home.