Florida Insurance Claims Lawyer Blog

Scam artists target innocent insurance customers at an unfortunately high rate. Our Florida insurance attorneys noticed a recent story about one such scam. Randall Peterson, a 47 year old Cantonment man, was arrested last week for creating a fake company and issuing fake insurance policies to hundreds of unsuspecting customers, according to news reports. He was charged with felony insurance fraud, grand theft, and criminal use of personal identification.

Peterson created a fake company called College Consultants of the Gulf Coast and tried to get people in Florida, Georgia, and Mississippi to sign up for seminars on employment issues and to buy fake life insurance policies. The Florida Department of Financial Services Division of Insurance Fraud started to investigate him found out about this fake company and his scams. Peterson also wrote 285 such fake life insurance policies with the American National Insurance Co, which paid him hundreds of thousands of dollars in unearned commissions and bonuses--about $330,000 according to the Department of Financial Services and CFO Jeff Atwater. American National noticed the fraud when all of his supposed policies were cancelled for non-payment.

After arrest, Peterson found himself in Escambia County jail, but is out on a $30,000 bail for the time being. If convicted he faces up to 30 years in jail and pending the outcome of the investigation into these shady schemes, his insurance license may be revoked.

Insurance Scams
As noted above, this is not only a problem in Florida. In April, a couple were arrested in Las Vegas and sent to California where they were arraigned in a San Diego courtroom last week for selling fake insurance policies to vulnerable seniors across the country; there is evidence of their scheme in California and ten other states. The insurance scam was for in-home care services seniors often need, like cooking, cleaning, driving and shopping. The couple, Michael and Melissa Woodward, also set up fake companies, like Peterson, and took pre-paid annual fees for fake policies. Their scam was so elaborate that they often paid the cheaper claims their "policyholders" submitted, but ignored and rejected any more expensive claim, causing confusion and hurt to the elderly they targeted. The Woodward's apparently made more than $2 million from their scam according to state and federal officials who were investigating them.

Florida insurance customers need to be careful and check out any policies they are offered. As seen above, there are shady characters out there trying to get your money and being a smart consumer can save a lot of heartache later. But insurance companies themselves often try to find ways to not give you benefits or compensation when you need it. If you have been injured in an accident and are having a problem with your insurance provider, contact a Florida insurance attorney to learn about your options. In Florida, if you proceed with a case and you succeed the attorney's fees will automatically be the responsibility of the insurance company. So no matter the size of your claim, you would get to keep the court award and do no need to worry about paying legal fees.

See Our Related Blog Posts:
Collapse of Florida Property Insurer Due to Fraud

$6 Million Award to Victim of Insurance Company

Under Florida insurance law, vehicle drivers are required to carry personal injury protection (PIP) insurance to cover medical expenses in the case of an accident and injury. PIP is meant to be an alternative to a legal liability system, covering the driver under the state's no fault accident laws. A new PIP law, one aspect of reforms made to the law last year, has excluded acupuncturists, massage therapists, and chiropractors from covered medical treatments. Those groups of medical providers filed a case against the law itself, which Judge Terry Lewis at the Second Circuit Court recently decided in Myers v. McCarty Case No. 2013 CA 73.

These medical providers claim the law threatens their business viability. The new law provides for $10,000 in emergency medical care but only $2,500 for non-emergency injuries, which is much of what chiropractors, massage therapists, and acupuncturists do for patients with more chronic conditions. Judge Lewis had granted this group an injunction blocking this part of the law, and in this most recent decision he revisited his injunction and decided to uphold it. Judge Lewis said he understood the difficulties from insurance companies and Florida regulators, but that he continued to feel a temporary injunction was appropriate relief to remain in effect. He highlighted that while he also understood the concerns of the medical providers, his main motivation in continuing the injunction is for Floridians' right of access to the courts. Judge Lewis said, "The reason for issuing the injunction was to protect the constitutional right and prevent the potential harm to citizens injured in auto accidents who, under the present PIP statute, may not receive necessary medical care."

In response to this recent ruling upholding the injunction, the Florida Office of Insurance Regulation filed a motion to expedite review of the decision at the First District Court of Appeals. They brought questions about the validity of Judge Lewis' decision. The motion states that Judge Lewis ignored a Florida Supreme Court precedent that states a law has a presumption of constitutionality unless it is beyond all reasonable doubt that it conflicts with the constitution. The motion also claims that Judge Lewis' injunction gave no indication of what insurance regulators are supposed to do, only blocking that part of the law and leaving policyholders in an unclear position.

It seems Florida lawmakers are happy to leave this decision up to the courts. Despite being central to Governor Rick Scott's agenda last year, it seems the state government does not want to confront PIP reform again this year.

With the issue in this case clearly being framed to preserve access to the courts for Florida victims, if you have been injured in an accident and are having a problem with your insurance provider, contact a Florida insurance attorney to learn about your options as soon as possible. Under Florida law, if you proceed with a case and you succeed. the attorney's fees will automatically be the responsibility of the insurance company. So no matter the size of your claim, you would get to keep the court award and not have to worry about paying lawyer's fees.

See Our Related Blog Posts
$6 Million Award to Victim of Insurance Company
Golf Cart Accident Leads to Lawsuit Over Lack of Warnings

Anyone paying attention to Florida property insurance knows that there have been a lot of concerning problems recently. Not only is property insurance in our state expensive, but there have also been problems with insurers, including state insurers, and with fraud, causing the property insurance to be even more confusing and worrying for consumers than usual.

A recent article in the Insurance Journal discussed how shady financial dealings and fraud caused a Florida property insurer to collapse, leaving state funded organizations to attempt to help the stranded policyholders. This is about Magnolia Insurance Company, a subsidiary of IRG Financial Group, which had about 100,000 Florida property insurance customers. In April 2010, Florida regulators had to take over Magnolia because they determined that Magnolia no longer had the financial resources to meet its obligations to its policyholders. What happened from 2008 was a complicated list of financial dealings with the company Allianz Risk Transfer, based in New York. By 2010, agreements had led to Allianz's takeover of Magnolia, without taking any of the risk of losses from the company.

When state regulators took over the company in 2010, most of the policies were shifted to the state run Citizens Property Insurance Corp, and the remaining claims were the responsibility of the Florida Insurance Guaranty Association. The Florida Insurance Guaranty Association had 2,032 Magnolia claims as of March 2013.The fund already paid $30.8 million in Magnolia losses and associated expenses so far, and expects $8.5 million more in payments to still-open claims.

The Florida Department of Financial Services filed a complaint in this matter against Allianz in Second Judicial Court of Leon County, asking that Allianz pay the state back $23.9 million for these costs. The complaint states, "As part of the plan of the Allianz defendants to ensure that Allianz would not take a loss or incur any risk in making the loan to IFG for Magnolia, and would be excessively compensated, the Allianz defendants required exorbitant fees and security in advance of the loan and quickly began to exercise control over the business affairs of Magnolia."

Allianz had 30 days from the date of complaint to file its answer, so those of us following the Florida insurance market will wait to see how the case turns out and what its impact may be on Florida property insurance policyholders.

With all of these shenanigans going on, and news about problems with Citizens and rate hikes, it is understandable if Floridians are concerned about insurance. So if you are having problems with your insurance company treating you unfairly, contact a Florida insurance attorney to learn about your options as soon as possible. Under Florida law, if you proceed with a case and you succeed, the attorney's fees will automatically be the responsibility of the insurance company. Large or small claim, you would get to keep the court award and not have to worry about paying lawyer's fees just to get what you deserve under your insurance policy.

See Our Related Blog Posts
Class-Action Against State-Run Citizens Insurance
$6 Million Award to Victim of Insurance Company

Sinkholes have been in the news lately and Floridians are rightly concerned about both safety and ensuring their property is properly covered by insurance in case a sinkhole damages their home. Building off of our last post on sinkholes and the difficulties for homeowners and their insurance policies in Florida (see post here), our Florida property insurance lawyers saw another recent story about a case involving this very issue.

Florida's First District Court of Appeals, in a case called Florida Farm Bureau Casualty Insurance Company and Florida Farm Bureau General Insurance Company v. State of Florida, Office of Insurance Regulation, has upheld a decision by state regulators saying that property insurance companies must offer sinkhole loss coverage equal to the value of the dwelling coverage limit. The case began when Farm Bureau Insurance requested to amend its policies to limit sinkhole damage coverage to 25 percent of the overall coverage amount. Florida's Office of Insurance Regulation rejected this request. The Office cited section 627.706(1) of Florida Statutes, providing that insurers must "make available ... coverage for sinkhole losses on any structure ... to the extent provided in the form to which the coverage attaches". They interpreted that to mean that insurers must offer an equal amount for sinkhole losses as the dwelling coverage limit, and not any lesser amount as Farm Bureau wanted. So Farm Bureau, dissatisfied, brought the case to the courts.

The First District Court of Appeals, in a decision written by Judge Marstiller (the decision can be found here), found that the Office of Insurance Regulation's decision was not clearly erroneous and their decision was a permissible interpretation of the statute entitled to deference from the court. The DCA noted that when the relevant statutory provision is read as a whole, it ties deductibles to base policy coverage limits. Therefore, the Court found it is reasonable to interpret the statutory provision as intending that the amount of sinkhole loss coverage be equal to that coverage provided in the base insurance policy. In ruling thus, the Court noted that Florida property insurance companies have been required to provide catastrophic ground cover collapse coverage in addition to optional sinkhole insurance coverage since 2007 when it was included in the language of section 627.706, even before it was amended in 2011.

With so much tied up in the value of your home and the cost to insure it, make sure you stay on top of what your insurance policy covers and does not cover. And if you are having problems with your insurance company giving you the run around, contact a Florida insurance attorney to learn about your options as soon as possible. Under Florida law, if you proceed with a case and you succeed, the attorney's fees will automatically be the responsibility of the insurance company. Large claim or small claim, you would get to keep the court award and not have to worry about paying lawyer's fees just to get what you deserve under your insurance policy.

See Our Related Blog Posts
Sinkholes and Your Home
Property Insurance Rates Triple in Florida

Over the last few years, there seems to have been an increase in sinkhole activity in Florida. This has had much impact on the properties affected, as Florida property insurance attorneys know. And now the nation's attention has been turned to the issue because of the tragic sinkhole that took Floridian Jeff Bush's life a few weeks ago, when a sinkhole swallowed him while he was in his bedroom in his home, preparing to retire to bed for the night.

A Florida sinkhole expert, Bill Fernandez, explained, "When they take water out of the ground it's like taking air out of a balloon. When you suck water out of the ground, you change the hydrostatic pressure underground and that's what can cause sinkholes." Another geologist noted that moving dirt for the construction of new buildings can also increase the chances for a sinkhole. For those thinking of buying a home in Florida, they should be aware of these dangers and do what they can to have the property inspected, including engineering surveys and ground soil tests, before buying.

There are three types of sinkholes: collapse, which are usually triggered by underground water; subsidence, which are slower in forming; and clay shrinkage, which occur seasonally with changes in precipitation. All three were looked at in a 2010 report by the Florida Office of Insurance Regulation. The report showed a large increase in reported sinkhole losses between 2006 and 2009. The most common of the types of sinkhole claims were subsidence, averaging $104,094. Overall sinkhole costs increased from $209 million in 2006 to $406 million by 2009. The report noted, "Not only are the number of claims on the rise, so is the total loss and expenses."

Florida law does require that homeowner's insurance cover sinkholes, because the damage and destruction is so common in the state. In 2011, the Florida Legislature passed SB 408, which reformed property insurance, shortening the timeframe for homeowners to make a sinkhole claim. This law also outlined the investigation procedures for sinkhole claims and limited the structures that could be covered under such claims. The law also allows insurance companies to require a property inspection before covering sinkhole losses.

Florida property insurance can be very complicated by these natural occurrences, and is often a significant expense in owning a home in our state; therefore, keeping up-to-date and knowledgeable about your policy is vitally important. If you are having problems with your insurance company giving you the run around, contact a local insurance attorney to learn about your options as soon as possible. Under Florida law, if you proceed with a case and you succeed, the attorney's fees will automatically be the responsibility of the insurance company. No matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your lawyer's fees.

See Our Related Blog Posts:
Hurricane Fund Problems
Property Insurance Rates Triple in Florida

[Image Courtesy of Wikimedia Commons]

Insurance customers of Florida's state-run Citizens Property Insurance Corp. have filed a class-action lawsuit in Broward County to stop their reinspection program, according to news reports. The policyholders claim they've been hit with potentially hundreds of millions of dollars in what they call "back-door" rate increases. They claim Citizens managed to do this by performing what the plaintiffs say were arbitrary reinspections of their properties and then hitting the policyholders with higher windstorm premiums.

As a Florida property insurance attorney, I have seen the many ways insurance companies have attempted to squeeze more money out of their customers. This class action lawsuit from fed up customers claims that the reinspection program illegally deprived homeowners of discounts earned under a 2007 inspection program, which was approved by the Florida legislature. The policyholders claim they submitted the official inspection forms under the law, but that Citizens pursued this reinspection policy anyway in an attempt to boost revenue because it was unlawful to officially raise premiums. Even worse, they claim that the inspectors came to their properties and didn't even look thoroughly for evidence of the necessary improvements and often quickly ruled that homeowners didn't qualify for the credits or discounts, reinforcing the idea that the whole scheme was to make money for Citizens and not to honestly check for the necessary home improvements.Through this program, three out of four homes lost their discounts and, on average, had to pay 30 percent more for insurance because of it. The policyholders and consumer advocate groups across the state accuse Citizens of slyly instituting de facto massive rate increases through this program. One nonprofit, Florida Association for Insurance Reform, said, "Since at least 2010, Citizens has used a wind mitigation reinspection program to systematically deprive policyholders of legitimate wind mitigation credits."

Media reports have stated that Citizens earned as much as $137 million from their incredibly unpopular reinspection program. Due to outrage, Citizens has stated it is reforming (but not eliminating) this policy by allowing those who lose insurance credits and discounts due to reinspection to have yet another inspection free of charge. Citizens will also provide more information to property owners about what is needed to prepare for an inspection and new methods to challenge the results of an unfavorable reinspection. Citizens has not made a decision about whether these new procedures will also apply retroactively to those already caught by the reinspection program.

If you are feeling cheated by your insurance company using unfair practices causing you to pay more or to deny you the coverage or benefits you paid for, contact a local insurance attorney to learn about your options. If you proceed with a case, under Florida law, if you succeed, the attorney's fees will automatically be the responsibility of the insurance company. This means that no matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your lawyer's fees.

See Our Related Blog Posts:
$6 Million Award to Victim of Insurance Company
Florida Judge Rules On Validity of Wind Credit Insurance Forms

Debra Peters is the hardworking co-owner of Custom Wood Creations, Inc, a Pompano Beach company that made high-end cabinets and furniture. The other co-owner is Debra's husband, Ronald. The company suffered significant damage in 2005 due to Hurricane Wilma, but their insurance company, FCCI Commercial Insurance Co, refused to pay what they owed the couple, despite the fact that the Peters' policy was up to date and paid in full. Florida insurance attorneys see this kind of scenario all the time, unfortunately. But what happened next brought Debra Peters' case from the unfortunate and unfair to the horrific and nightmarish.

According to news reports, the insurance company not only refused to pay the claim, but the company instead accused Debra of insurance fraud. FCCI filed false and incomplete information on her to the Florida Department of Insurance, which resulted in criminal charges against Debra. She was arrested and spent 16 hours in jail. The criminal case was eventually thrown out for lack of evidence, but not before she and her family suffered from the emotional strain of the experience. And due to FCCI's refusal to pay the claim for the hurricane damage, Ronald and Debra had to borrow money from friends to fix their building. In addition, they could not gather enough money to fix their equipment, so they ended up having to lease the space to another company, where Ronald now works.

This week, the Peters got some vindication when a Broward County Circuit Court jury awarded them $6 million from FCCI for breaching a contract and malicious prosecution after a three-week-long trial. It is broken down as $4.8 million in compensatory damages to recover what the Peters' lost, and $1.2 million in punitive damages to punish the bad behavior of the insurance company. The jury found that FCCI intended to harm Debra Peters and that the company did so with unreasonable financial gain as the motivation. Their attorneys stated that Debra and Ronald Peters "just want to get back to work and restart their business, as they would have done if the insurance company had only paid what was owed after the hurricane."

FCCI's senior vice-president said they were disappointed with the Broward County ruling and are considering appealing the judgment, claiming their reputation is "paramount." This could delay settlement of the case.

Cases like Debra and Ronald Peters', where an insurance company pushes the less powerful customer around and tries to cheat the policyholder out of benefits paid for and due, show why it is important to talk to a Florida insurance attorney about your situation. And it is also important to remember that if you proceed with a case, under Florida law, if you succeed, the attorney's fees will automatically be the responsibility of the insurance company. This means that no matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your lawyer's fees.

See Our Related Blog Posts:
Hurricane Fund Problems
Force Placed Insurance in Florida

Florida insurance attorneys know that insurance companies sometimes try to take advantage of consumers' lack of sophistication or understanding and use that advantage to gain business or make more profit. This is why having an experienced insurance attorney in your corner can be helpful. Our insurance attorneys noticed an interesting story along those lines in the Insurance Journal this week about a case of an adjusting firm suing a blogger for claiming their name, United States Adjusting, was misleading.

The blogger works at Johnson Strategies, an insurance advocacy firm. The blogger, Scott Johnson, a principle in the firm and a former executive at the Florida Association of Insurance Agents, named United States Adjusting in a piece about an investigation into public adjusters dealing with claims from the state operated Citizens Property Insurance. In that post, he commented that United States Adjusting's name "seems intended to make policyholders think they are with the government." Now the company is threatening to sue him for damage to reputation if he does not remove the company's name from the blog. So far Mr. Johnson says he will not comply, but that he will "look deeper, consult counsel, and eliminate any potential that I may have missed something" in terms of his due diligence in investigating for the blog post in question. He said that he had written about 400 blog posts in the last two years and had never had to issue a correction thus far.

Mr. Johnson notes that under Florida law, it is a crime to imply that material is distributed by a government entity, and under federal law it is prohibited to use "United States" by insurance organizations because it would be considered false advertising. He stated that this showed that the Florida legislature was concerned about misleading solicitations by insurance organizations like public adjusters, particularly after a serious natural disaster like a hurricane when people are confused and stressed by an incredibly difficult situation. Mr. Johnson also asserted that the writing in his blog is protected by free speech, and that argument has merit. Christian Camara, Florida director for the think tank R Street Institute, told the Insurance Journal that United States Adjusters attempt to override Mr. Johnson's free speech is not likely to succeed.

If you feel cheated by an insurance company, agent, or adjuster, a Florida insurance attorney can help you understand whether or not you have a case and what your available legal options are. Our insurance attorneys have experience working for property owners who face insurance companies that refuse to pay the benefits when they are needed. And it is important to remember that if you proceed with a case, under Florida law, if you succeed, the attorney's fees will automatically be the responsibility of the insurance company. This means that no matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your lawyer's fees. Contact the Luckman Law Office as soon as possible for a free consultation.

See Our Related Blog Posts:
Force Placed Insurance in Florida
Florida Judge Rules On Validity of Wind Credit Insurance Forms

Florida is a particularly difficult state when it comes to property insurance. The risk and damage from hurricanes plays a large role in that. Property owners rely on the state to ensure that they are covered and can rebuild after a catastrophic hurricane, but that reliance is looking shakier these days, as Florida deals with budget shortfalls and diminishing resources.

The Insurance Journal noted this week that Florida's Hurricane Catastrophe fund has $8.5 billion in cash reserves and can raise another $7 billion through bonds, totaling $15.5 billion in resources. That may sound like a lot of money, but in reality it isn't nearly enough to cover the fund's obligations. The fund is statutorily on the hook for $17.5 billion for a single major storm, and $11 billion further for a second storm. The fund does not currently have enough money to cover even the first storm, let alone the second.

The fund's executive director is hoping the state government will consider restructuring it so it can have a longer term capacity. Part of that potential restructuring is lowering the mandatory annual capacity, but that could harm Florida property owner's ability to rebuild after a disaster. Insurance rates would rise significantly, and those rates are already unmanageably high for some in our state. An option to stem these rate hikes is to not allow them to be part of insurance agents' commissions. But agents oppose the idea and say it would penalize them. Agents already get less in commissions because of increased mitigation credits to property owners, so they claim they are "the last guy in line getting stuck with the bill." Another idea is to allow the fund to issue bonds before a big storm to have more cash and be able to move quicker to help Floridians.

One member of Florida's Congressional delegation, Representative Dennis Ross, has proposed Homeowners Insurance Protection Act. This would create a federal program to help states in major catastrophic natural disasters, which would include not only hurricanes but also, for example, earthquakes in California. Opponents of this proposal say it would allow states, like Florida, to shirk its obligations and continue underfunding its own programs. It could also potentially promote even more reckless building in very high risk coastal areas.

With Florida's complicated property insurance laws and regulations, a Florida insurance attorney can assist you in an insurance claim action. We understand how important it is for you to receive the benefits agreed upon, promised, and paid for, and can help you understand your case and potential legal options. Contact our law office at (866) 582-5626 to discuss your case today. Under Florida law, if you succeed in your case, the attorney's fees will automatically be the responsibility of the insurance company. This means that no matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your attorney's fees.

See Our Related Blog Posts:
Property Insurance Rates Triple in Florida
Florida Judge Rules On Validity of Wind Credit Insurance Forms

Florida has always been an expensive state for homeowner's and other types of property insurance, but lately, it seems like things are getting out of hand. A recent news article discussed how condo associations around the state are pleading for state government intervention in the face of insurance rates tripling this coming year. One condo board member, Ed Wolfe, said, "Property insurance has gotten totally out of control in this state."

By September 2012, the Office of Insurance Regulation also received 73 applications to raise prices on homeowner's policies. Allstate asked for a 32.4 percent rate hike this year. And these increases generally cost each homeowner hundreds of dollars a year. This is an even bigger problem for many of Florida's older and retired citizens. These Floridians usually live on fixed incomes and cannot afford drastic increases in rent due to out of control property insurance prices. Mr. Wolfe, who is a board member of a condo association near Sarasota, complained, "Millions of dollars are being sucked out of this county and not creating a single job."

The legislative session doesn't begin again until March, but property insurance reforms are already on the minds of lawmakers. Most previously proposed remedies involve higher premiums, which, as noted, can be catastrophic for lower income people, particularly the elderly. One southern Florida Senator, Nancy Detert, called it "obscene" that many insurance policies cost more than the property tax on the same land. She also asserted that this problem is keeping people from moving to Florida and wants to see new ideas discussed this year. However, the debate around state-run Citizens Property Insurance, by far the state's largest insurer with 1.4 million policies, has gotten most of the attention recently. The Governor is hoping to privatize Citizens and thus create more market competition. Many are afraid this will only lead to even higher property insurance premiums in a state where people are already struggling. Senator Detert also hopes to be able to shrink Citizens, but also to find ways to avoid dramatic price increases. Floridians will have to wait and see what the state government can come up with in the coming year.

A Florida insurance attorney can assist you in an insurance claim action. With property insurance such a huge expense for Floridians, you are certainly entitled to the coverage and benefits you are due. Working hard to cover these skyrocketing bills is often difficult, and you should get every penny you paid for through premiums. And under Florida law, if you succeed in your case, the attorney's fees will automatically be the responsibility of the insurance company. This means that no matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your lawyer's fees. Contact our law office at (866) 582-5626 to discuss your case today.

See Our Related Blog Posts:
Force Placed Insurance in Florida
Florida Judge Rules On Validity of Wind Credit Insurance Forms

Unless you have been in the situation, maybe you don't even know what "force placed" insurance is. Force placed insurance, sometimes called "lender placed", is when a lender or creditor takes out insurance on an asset that doesn't have insurance, and the costs of the insurance are passed on to the customer, hence why it is "forced". It is mostly used in property insurance, including homes and cars. Therefore, when a person buys a car or a house with a mortgage or a loan, the creditor, usually a bank, requires that the buyer carry insurance on that property. If the buyer doesn't get his or her own insurance, the creditor obtains the insurance to protect their investment.

As a Florida property insurance attorney, I have been following the force placed insurance issue in our state. I recently saw an article on this very topic.This past summer in August, Florida Insurance Commissioner, Kevin McCarty, rejected the force placed insurer QBE's proposed rates. Around the same time, he announced that state regulators were going to investigate the cost of force placed premiums and the relationship between insurance companies and mortgage holding banks that send force placed business to the insurance companies.

Now, QBE is proposing to cut its force placed insurance rates by 19 percent. A portion of those cuts will be coming from commissions the insurer pays to the banks and mortgage lenders. This could be interesting news, considering that QBE is the second largest force placed insurance company in the country. But it might not be enough, considering the substantially larger rate reductions required by other states. California regulators recently imposed a 30.5 percent cut on Assurant, and mortgage giant Fannie Mae is asking for a 30 to 40 percent reduction. And industry experts, including one cited by Commissioner McCarty, claim these insurance companies could cut rates in half and still make a substantial profit.

This newest rate offer by QBE's subsidiary, Praetorian, has not been accepted by Florida regulators yet. A spokesperson for the Office of Insurance Regulation said, "We have not been in 'negotiations' with Praetorian. However, there were numerous discussions with the company on what information needed to be provided in their filing." Florida is also waiting for Assurant, the company whose rates California cut by more than 30 percent, to file proposed rates with the state, as well.

Regardless, a Florida insurance attorney can assist you in an insurance claim action. Under Florida law, if you succeed in your case, the attorney's fees will automatically be the responsibility of the insurance company. This means that no matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your lawyer's fees. So if you are having difficulties, it is worth it to discuss your case with an experienced attorney and see if there is a way to move forward.

See Our Related Blog Posts:
Florida Judge Rules On Validity of Wind Credit Insurance Forms

Hurricane season might be over, but Floridians know that always having their homes prepared ho for the next big storm is vitally important. Therefore, homeowners around Florida take time throughout the rest of the year to make improvements and take precautions -- sometimes that includes obtaining insurance coverage. Unfortunately, sometimes instead of providing the support needed during a crisis, some families are forced to fight their insurance company to receive what they are due on their claims.

The legal cases surrounding these insurance issues can be quite complex. Courts across the country, including in Florida, continue to hear unique cases related to these insurance matters. For example, as a Florida insurance claim attorney, I recently noticed an article on an interesting case related to wind damage.

The case is Secure Enterprises v. Office of Insurance Regulation and Financial Services Commission. It involves credit forms some insurers use to determine wind storm premium credits for homeowners. Currently, these insurance credit forms do not take into account any measures taken to increase the protection of existing homes. This excludes reinforcing garage doors, windows, and other weak areas of a house. The case was actually brought by a company, Secure Enterprises, which makes a widely available product to help garage doors withstand hurricanes, such as against high winds and debris. Under the current forms used by insurance companies, this product does not make a homeowner eligible for a mitigation premium credit.

The first form at issue, Form 1655, is used for calculating a home's ability to withstand debris blown against it by strong winds. It includes shutters on windows but does not include any reinforcement of garage doors or other types of windows, like skylights. The second form, Form 1699, also does not include provisions for credits for reinforcing windows, doors, and garage doors from wind damage or debris. The administrative law judge, Robert Meale, ruled both of these forms invalid as they are currently applied. He stated that 1655 mislead homeowners into thinking the only available reinforcement for insurance credit is to install shutters. Judge Meale also found 1699 invalid as it applied to existing houses. He noted that 1699 is ambiguously worded and would, as applied, likely work against its intent -- to incentivize homeowners to make their houses more safe and hurricane resistant. As written and applied, however, it gives incentives to protect windows but not doors, which makes little sense.

The Florida Office of Insurance Regulation is appealing the ruling, and it could be months before a final decision is made. Until then, the current forms, as ambiguous and counter-intuitive as they are, will continue to be used. However, there is hope that by next hurricane season these home improvement measures will be eligible for wind storm insurance credits. This year, the northern states, like New Jersey and New York, were hit by Hurricane Sandy, but another year it may again be Florida and any efforts to incentivize safer homes during storms is a positive development.

Regardless, a Florida insurance attorney can assist you if your insurance company is giving you the run around or denying you benefits. Under Florida law, if you succeed in your case, the attorney's fees will automatically be the responsibility of the insurance company. This means that in most cases no matter how big or small your claim, if you win your case, you get to keep the entire award and the insurance company will pay all of your lawyer's fees.

[Hurricane damage photo courtesy of public-domain-image.com]

Golf carts are a popular transportation device throughout the area. The convenience of being able to quickly load up supplies and visit the beach or a neighbor without getting into a car has lead more and more families to purchase a golf cart. Yet, while these machines do not travel as fast as cars, it is unwise to assume the risk of harm is lessened. Florida golf cart accidents strike all the time, and the results are sometimes serious.

Unlike cars, which have various safety features built in (crashworthiness standards, seat belts, air bags, and more), golf carts come with far less security. Collisions which might not cause any personal injury in cars might have serious consequences for those in a golf cart. Golf cart travelers are rarely strapped in and often ride on the back or hang onto the side. When thrown from the machine the potential for serious harm rises exponentially. In many ways, the increased risks are similar to motorcycles in that the lack of physical protection means accidents often result in more serious injuries.

For example, the Monitor reported last week on a golf cart accident case that just went to trial, filed by a man who suffered a serious traumatic brain injury after falling out of the back of the machine. According to the report the man was volunteering at a local speedway when he was riding in the back of an E-Z-GO golf cart. While riding on the back the man fell out of the cart and hit his head. His head injury was very severe and he spent over a year in hospitals and rehab facilities. The injury has not fully healed, and his still requires help with basic tasks. He was unable to go back to work following the incident.

After being denied worker's compensation for the injury--because they were volunteering at the track--the family filed civil lawsuits against various parties, including the speedway, driver, and manufacturer of the golf cart. The case settled with all parties except the golf cart manufacturer. The case went to trial last week.

Product Liability
The specific claim against the golf cart manufacturer is that they failed to place an adequate warning label on the back of the cart letting consumers know that riding in that space can lead to death or serious injury.

Our Palm Beach product liability attorney understand that arguments about improper warning labels are a common form of product liability suit. When an individual in injured by a consumer products--anything from a golf cart to a toaster--the injured party may have a right to seek compensation for their losses. These suits can be based on inadequate warnings, manufacturing defects (i.e. a part was missing), or a design defect (i.e. the product was inherently made dangerously).

Beyond claims of a lack of proper warning, the plaintiff in this case is also arguing that the manufacturing company tried to "obfuscate" an investigation into the safety of the product by the U.S. Consumer Product Safety Commission. The interfering with the investigation, the plaintiffs argue, led to the warning label being absent.

For their part, the golf cart company in this case is expected to argue that the man contributed to his own injury by riding in the golf cart in an inappropriate manner. In addition, the company will argue that the racetrack (via its employees) did not drive the cart properly.

See Related Blog Posts:
Jury Awards $1.26 Million to Florida Dog Bite Victim
Florida Car Accident Attorney Explains Importance of Proper Investigations

Continue reading "Golf Cart Accident Leads to Lawsuit Over Lack of Warnings" »

FAMU made national headlines last year for an incident it would just as soon wished never happened--a student died following a brutal hazing incident. A 26-year old member of the state university's famous "Marching 100" died aboard a school charter bus while the school was at a football game last November.

Apparently the death was caused by a severe hazing rite among band members involving new members walking along the length of the bust while other members physically abused, hit, and pummelled the walker. In this case, the student was beaten so badly during the incident that he collapsed and died from his injuries. The death was eventually ruled a homicide and thirteen people face criminal charges. Obviously criminal charges are at issue when an individual is beaten to death. Issues regarding the intention of the parties and the voluntary actions of the student will likely come into play when prosecutors work to prove that actual crimes were committed.

Our Florida injury lawyer knows that beyond criminal charges, these incidents often also spur civil charges. While the criminal charges relate to societal condemnation of the conduct, civil charges are intended to compensate those harmed by the conduct personally. That appears to be what happened in this case, as Reuters reported last week on the filing of a Florida wrongful death lawsuit by the parents of the slain student.

Florida Wrongful Death Lawsuits
Wrongful death lawsuits are filed by surviving family members of one killed by the wrongdoing of others. The suits seek to compensate the survivors for the specific harm they suffered as a result of the loss.

Like all civil matters, the issue can easily get complex. For example, in this case, the suit was filed against FAMU university. FAMU is a state institution, and all "tort" lawsuits against state entities (like a school, police department, or other government entity) come with special rules. In Florida these cases must begin with the filing of a government tort claim. This lets the government know that the injured party is seeking damages. The government entity then has six months to reply to the claim. In some cases the reply may come with a settlement offer. if the offer is accepted, then the matter is essentially ended.

However, if the government entity does not respond or submit an acceptable offer, then the plaintiffs in the case are free to file a lawsuit via the traditional means with the local court system. That is why in this case the suit was filed just now, even though the incident occurred 9 months ago.

Unfortunately, even after filing the suit the family is not without legal stumbling blocks. For example, there are statutory caps on the recovery that the family can receive. The law limits claims against the state to $100,000 for a single claim and $200,000 for multiple damages. Any award above that requires explicit legislative approval.

If you or a loved one has suffered harm because of the wrongdoing of another, consider contacting the Palm Beach wrongful death attorney at our firm to see how we can help.

See Related Blog Posts:
Florida Fireworks Accidents Often Caused By Faulty Products
Serious Safety Violations Found At Palm Beach County Schools

Several were injured in a police pursuit that ended in a serious collision on Monday evening in St. Petersburg. According to an article in The Tampa Bay Times, the Gulfport police officers were chasing a stolen car into St. Petersburg, where the stolen car collided with a bus that then crashed into an apartment building. As our experienced Palm Beach accident attorney knows, the probability of the occurrence of automobile accidents is severely increased during dangerous police pursuits.

Miraculously, there were no deaths resulting from this accident. However, at least two people from the stolen vehicle suffered injuries, as well as several bus passengers. According to Gulfport police Chief Robert Vincent, the incident started at 5:50 p.m. when Gulfport police Officer Jesse Kellington saw a 2012 silver Toyota Venza on the road during his routine patrol. Officer Kellington's alerts were triggered after he checked the license plate of the vehicle and discovered that the vehicle was listed as stolen. The St. Petersburg police department revealed that the car was an Avis rental and had been stolen on Sunday after a woman had left her keys in the ignition.

Upon discovery of the stolen status of the vehicle, Officer Kellington began pursuing the car at S. Newton Avenue and 51st Street in Gulfport. Kellington reported that there were three men in the car. He was not aware of the toddler in the back seat.

The driver of the stolen vehicle led Kellington into St. Petersburg where the pursuit ended abruptly with a severe impact. As the vehicle entered St. Petersburg, it ran a stop sign and T-boned a PSTA bus at the intersection. The impact was so powerful that the bus lost control and crashed into a two-story apartment building. Fortunately, there were no bystanders present at the portion of the building that the bus had crashed into. Lieutenant Joel Granata of St. Petersburg Fire and Rescue was at the scene of the accident and reported that there was no major damage to the apartment building.

Reports have disclosed the identity of the driver of the stolen vehicle as Derrick Mims. Both Mims and a passenger of the vehicle were taken to a hospital to treat serious injuries suffered from the accident. The other passenger fled the scene and is yet to be found. The toddler in the back seat was taken to the All Children's Hospital and was reported to be in stable condition. Fortunately, no one on the bus suffered any serious injuries.

Chief Vincent asserts that Mims was the cause of the accident given that the incident was a result of his decision to run from the police.

As depicted by this particular case, unexpected accidents can happen at any time due to someone else's reckless actions, injuring innocent bystanders. Our experienced Boynton Beach accident lawyer helps injured individuals in all types of accidents and has advised such individuals of their legal rights in order to receive compensation in their recovery. Please contact The Law Office of Eric H. Luckman for a free consultation if you have suffered injuries in any kind of accident.

See Related Blog Posts:
Florida Plane Crash Injures Five
Palm Beach Injury Lawyer Can Help Even When Cause of Injury In Question