Wednesday, April 1, 2009

Windstorm and Hurricane Damage Insurance Claim Denial ▪ Insurance Bad Faith

Far too many insurance companies run their businesses without considering the needs of their policyholders. At Farrar Law Firm, our attorneys represent property owners throughout Northwest Florida and Coastal Mississippi facing insurance claim denials. Contact us at (850) 434-8904 to learn more about appealing an insurance claim denied in bad faith.
When as insurance company refuses to cover windstorm or hurricane damage after you have paid all your insurance premiums, you want answers. Attorney Greg Farrar understands your frustration because he also was displaced from his home by water damage. If your insurance company fails to cover Mississippi or Florida hurricane damage or a flood claim in bad faith, they may be liable for treble damages.
What does your Insurance Policy Cover?
Many disputes concerning insurance claim denials are over the cause of the property damage. It is important to know what type of property damage your insurance policy covers. You also should make sure you are not underinsured. At Farrar Law Firm, we recommend people do a few things:
• Go over your insurance policy with your agent to make sure your policy covers flood damage. Most homeowner's insurance policies do not cover flood damage.
• Make an inventory of all your personal belongings, in case of a hurricane or flood.
• Make sure you purchase enough insurance to cover the loss of all of your property.
Basis of an Insurance Claim Denial
Insurance companies deny flood and hurricane damage claims for a variety of reasons. Insurance companies often deny a claim by arguing that the policyholder is not entitled to compensation for a particular loss. Many disputes arise about whether a flood or a hurricane caused the damage. Since most insurance policies do not cover flood damage, insurance companies argue that the damage occurred because of the resulting flood rather than the hurricane.
Appeal a bad faith insurance claim denial. Contact one of the lawyers at Farrar Law Firm for a complimentary telephone consultation at our office (850) 434-8904. We fight to make things right. Our firm represents people throughout Northwest Florida and Coastal Mississippi.

There have been changes to the Homeowner Association Guidelines.

Below are the highlights of those changes. Please contact our office through our website at www.farrarlawfirm.com or call our office at (850) 434-8904 for your free copy of the full statutes


Legislative Sessions 2007 and 2008

Several changes have occurred to Florida Statute 720. The following are some of the highlights:

• Insurance

 The legislature now allows associations to self insure, provides guidelines on what constitutes adequate windstorm coverage pursuant to section 624.462.

• Board Meetings and Disclosures

 Pursuant to Section 720.303(2)(a) the open meeting requirement for board of directors meeting now extends to all committees. Section 720.303(5) still requires the association official records to be maintained in the State of Florida and to be available for inspection and photocopying.

• Establishment of Budgets

 All associations must prepare an annual budget. Pursuant to Section 720.303(6) sets forth the manner in which an association must establish and maintain its annual budgets and also sets forth the manner in which the reserves must be established.

• Financial Reporting

 The Florida Statutes require associations to provide certain financial reporting documents. The association is required to prepare a complete financial report for the prior fiscal year within 90 days (instead of 60 days) of the end of the prior fiscal year or whatever other date established by the association bylaws. The association must copy the report to its members within 21 days.

• Architectural Review Committees

 Section 720.3035 was created to impose statutory requirements for architectural review committees. The ARC shall not unreasonably interfere with or impair the rights of the property owners as set forth in the declaration and/or other governing documents of the association concerning the construction of improvements.

• Assessments

 Pursuant to Section 720.3085 the legislature created and modified the ability of the homeowner’s associations to create and enforce liens.

• Legislation/Mediation/Arbitration Matters

 The legislature also amended Section 720.311 regarding resolution of disputes between an association and owners within the community. The modifications affect disputes not involving recalls and elections. In other words, the amendment did not change the procedure for matters not involving recalls and elections.

Conclusion

The Florida Legislature has shown a trend requiring a more professional relationship between the owners, developers and the association, specifically defined rights, procedures and remedies. Clearly the legislature focuses on homeowner’s associations and its management and it is likely to be a subject to future amendment and change. It is essential homeowner’s associations, its directors and management closely watches the legislative changes.