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Wednesday, May 22, 2024

The One Yr Anniversary of Hurricane Ian—What Do Policyholders Now Face?  | Property Insurance coverage Protection Regulation Weblog


It has been one 12 months since Hurricane Ian. If in case you have not fully resolved your declare, you could see a lawyer about your rights. Public adjusters and contractors engaged on Hurricane Ian claims ought to say the identical factor. One 12 months is simply too lengthy for a settlement to not have been made, and insurers have had sufficient time to work with non-legal professionals to get their jobs finished proper. 

I wrote a publish final January, Why Are Hurricane Ian Claims Changes So Unsuitable, Low, and Gradual?, the place I acknowledged: 

The policyholder gave me permission to publish the estimate the place Slide Insurance coverage Firm estimated the principle roof injury to be simply above $1,100.

….Was the sphere adjuster incompetent? Was the sphere adjuster’s estimate secretly modified by desk adjusters who by no means visited the loss? 

The underside line is that this instance is one in all tens of 1000’s of poor, gradual, and low Hurricane Ian property changes. Possibly I solely see the issue instances. There certain appear to be extra drawback changes than any storm I can keep in mind. 

Possibly the property claims managers will get the message and make modifications. I really hope so. In any other case, there will likely be a substantial amount of explaining to do in courts and the court docket of public opinion.

The media has known as out Florida’s political leaders for promoting out to the insurance coverage trade and passing legal guidelines that encourage insurance coverage firms to additional delay and underpay claims funds, as famous in Media Calls Out Florida’s Politicians and DeSantis For Promoting Out To Insurers—The Maddening Actuality For Hurricane Idalia Victims

The sweeping revisions makes it harder for owners to sue their property insurance coverage firms for performing in ‘dangerous religion’ and removes the best of householders to get better legal professional’s charges, even in lawsuits they finally win. Moreover, the changes to Florida’s insurance coverage legal guidelines permit insurance coverage firms to create new insurance policies with obligatory binding arbitration agreements in change for a premium discount, which can even thwart many householders’ choice to take insurers to court docket…Furthermore, the laws shortened the window wherein policyholders can file claims with their insurers, invested $1 billion of taxpayer funds right into a state-run reinsurance fund to assist insurance coverage firms mitigate their losses within the occasion of catastrophic occasions, and narrowed eligibility for Residents, Florida’s state-run nonprofit insurance coverage firm that gives insurance coverage to individuals who can not discover inexpensive protection on the common market.

The underside line is that each policyholder with an open Hurricane Ian declare ought to seek the advice of a reliable legal professional. Particularly, policyholders ought to search attorneys who’ve been practising on this space of legislation lengthy earlier than Hurricane Ian struck to advise on their authorized rights and the administration of their claims.

Public adjusters and contractors whose shoppers have open Hurricane Ian claims must also suggest consulting an unbiased legal professional. In the event that they advise in any other case or discourage you from looking for your personal authorized counsel, be cautious. It’s not solely suspicious but in addition unlawful for them to take action.

Thought For The Day 

A lawyer with a briefcase can steal greater than a thousand males with weapons.

—Mario Puzo, “The Godfather”

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