Orlando Mediator Lawrence Kolin explores current issues in Alternative Dispute Resolution, including mediation and arbitration of complex cases by neutrals resulting in settlement of state and federal litigation and appeals. This blog covers a wide variety of topics-- local, national, and international-- and includes the latest on technology and Online Dispute Resolution affecting sophisticated lawyers and parties to lawsuits.
Showing posts with label Windstorm claims. Show all posts
Showing posts with label Windstorm claims. Show all posts
Thursday, August 29, 2019
Hurricane Mediations Sure to Come
With the likely path of Hurricane Dorian to include Florida, homeowners will want to check their insurance information and keep policy numbers handy should claims arise. I have conducted many mediations over the past few hurricane seasons and as is expected, these claims take time to adjust and longer to litigate and eventually mediate. Past storm litigation continues for thousands of residents previously encountering losses. Keep in mind, under state law, a hurricane is defined in Section 627.4025(2)(c), Florida Statutes, as a storm system that has been declared a “hurricane” by the National Hurricane Center of the National Weather Service. According to Section 627.4025, Florida Statutes, the Hurricane Deductible applies only in the event of a named hurricane. The duration of a hurricane in which the Hurricane Deductible would apply includes the time period: 1) Beginning at the time a hurricane watch or warning is issued for any part of Florida by the National Hurricane Center and 2) Ending 72 hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center. Florida's Department of Consumer Services usually updates information in the aftermath of a named storm and lists contact information for most insurance carriers. Stay safe and see more here-- https://tinyurl.com/yyhtby9y and https://tinyurl.com/y44t4cmq
Thursday, September 7, 2017
Hurricane Irma Will Bring Windstorm Claims
In the wake of this season's monster storm, Hurricane Irma, we are sure to see some claims from wind damage and resulting lawsuits which will need to be mediated. Florida law requires insurers of residential property to include hurricane windstorm coverage in such insurance policies. See §627.0629, Fla. Stat. Residential policies can be both personal lines (homeowner's coverage, mobile home, dwelling, tenant's, condominium unit owner's, cooperative unit owner's, and the like) and commercial lines (coverage provided by a condo association, coop association, apartment building, and similar policies, including those covering the common elements of a homeowners' association). See §627.4025, Fla. Stat. “Hurricane coverage” is coverage for loss or damage caused by windstorm during a hurricane. It includes ensuing damage to the interior of a building, or to property inside a building, caused by rain, sleet, hail, sand, or dust if the direct force of the windstorm first damages the building, causing an opening through which rain, sleet, hail, sand, or dust enters and causes damage. “Windstorm” means wind, wind gusts, hail, rain, tornadoes, or cyclones caused by or resulting from a hurricane that results in direct physical loss or damage to property. “Hurricane” means a storm system that has been declared to be a hurricane by the National Weather Service's National Hurricane Center. A hurricane includes the time period (1) beginning when the National Hurricane Center issues a hurricane watch or warning for any part of Florida, (2) continuing for the time period during which the hurricane conditions exist anywhere in Florida, and (3) ending 72 hours after the National Hurricane Center terminates the last hurricane watch or warning issued for any part of Florida. Please keep this in mind once the storm passes and be safe out there! For more information, see complete statutory language here-- http://bit.ly/2wMpd7h and http://bit.ly/2xdT2R7
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