On Property Insurance Claim Tips Blog

The following is an insurance claim question we answered for a policyholder through the United Policyholders Ask an Expert Forum

Q. I live in Florida and have had an extensive water damage/mold claim that I hired a public adjuster to handle. The insurance company invoked appraisal and the out-of-state umpire determined that mold was accountable for $15,000 of damage although our mold remediation bill totaled $9,500 (we have a mold cap of $10,000 per claim). Secondly, the bathroom tile floor was damaged during remediation and was included as part of the umpire's award. However, the insurance company is refusing to pay the $4,300 floor tile repair portion of the award stating that I must abrogate against the mold remediation company to recoup that loss. Third, my public adjuster is holding the check issued by the insurance company hostage, insisting that I pay his fee prior to endorsing it over to the mortgage company. Please help!.....click to see answer.

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With the advance of technology and a little advance notice, you can watch your Florida Legislature at work, commercial free via live streaming on your computer or mobile device. Folks, unless you want to testify at a committee meeting you can forget the long drive or airplane flight to Florida’s hither land aka Tallahassee, Florida. All you need is the committee meeting schedule and click the link to watch your favored or disfavored proposed legislation being debated or voted on. Of course this also comes with the ability to hear your elected officials ask questions and comment on the topic being addressed. Believe me, this is at times interesting stuff.

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As the old saying goes, when the Florida legislature is in session, no one is safe.  Even with a decade of no major storms or Cat losses, a lot of things are going on in Tallahassee involving property insurance. Because of their potential impact, I am going to dedicate a few blogs on some of these issues as I think the outcome may in some cases negatively impact Floridians and in others bring about needed change and reform. Read More

I received notice that Citizens, the State run insurance company has proposed some changes to their property policy as it relates to the resolution dispute forum called appraisal. The appraisal process has for years been offered universally by most insurance companies as a cost effective way to resolve disputes with policyholders involving damages to their property from a covered loss.Read More

It may be no surprise that not a lot of bills were filed in this year’s legislative session to correct any real or imagined property insurance crises and those that were, died in various committees.   After all, we are fast approaching a decade of no major hurricane strikes that some are saying is a record going back over hundred years! The sitting duck we were supposed to be is looking more like a stuffed bird hung on the wall. Yes, I know it only takes one, but let’s hope the good times continue to roll. There is too much at stake to see Florida or any of our coastal neighbors hit with the big one in this year’s 2015 Atlantic hurricane season just as we are in full recovery mode from the great recession.

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Q. My insurance company will not submit a letter of demand for the appraisal clause. If I do, will I then be responsible for all fees? My policy reads if they do the letter of demand, they will pay for all my appraisal fees.  Read More

But first some background.  Steve Scott is a Gainesville, Florida attorney I have known for a number of years, which goes back to our first meeting when he called me to help him with a fire loss in his home. Following the successful adjustment and settlement of his claim, Steve and I became friends and that relationship has evolved over the years to the point that I get calls or emails from Steve on issues he has or claims his clients need help on. He’s a smart guy, has some strong opinions and will get your brain going! So I thoroughly enjoy our discussions.  What started our most recent conversation and debate was an email I received from Steve asking my opinion on a Florida Third District Court of appeals case Dynamic Public Adjusters vs. Henry Rodriguez  he had just read. This case came out in late November and was a turkey that was served cold to one side as you will read. Read More

Anyone who follows property insurance matters and especially reported court cases has no doubt picked up on a recurring theme of some courts in various jurisdictions and their decisions about the appraisal clause. Specifically the court’s interpretation of what can and cannot be undertaken by an appraisal panel has been under review and reformed. That is a good thing! These court decisions may have a significant impact on property policy disputes regarding the amount of the loss and damages from a coved loss and the process of the appraisal panels work in determining those criteria.  Read More

First a little background, an umpire in the insurance property world has nothing to do with baseball except that a baseball umpire and an umpire in a property insurance dispute have one thing in common--both have to make a decision. The baseball umpire will have to make a decision quickly, where as an umpire in the appraisal dispute resolution forum should take as much time as needed to make a decision based on all the facts. A good umpire will thoroughly review of all the materials provided to him or her by the two appraisers (representing each side of the dispute) who agreed to his or her appointment. This can and often should include a visit to the loss site (if the property in question is still standing) along with the two appraisers and the policyholder if they want to understand the opinions as to why the initial adjustment was wrong.

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