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Homeowner’s Insurance

April 25, 2019
assignment of benefits

2019 Assignment of Benefits Reform Changes

The Florida Legislature has passed a complete overhaul of property insurance assignment of benefits law. These are big changes and will drastically affect water restoration companies and other businesses that utilize an assignment of benefits in the home insurance context. The 2019 reforms would seem to have been drafted by the insurance lobby and signed off on by the legislature. Doubtless these reforms will save the insurance industry millions of dollars. What are the major changes for those involved with assignments of benefits? First, the legislation limits assignments of benefits (“AOBs”) for emergency services to $3,000 or 1 percent of […]
April 14, 2019
mugshot of a parent and a child

Parental Liability: Are Parents Responsible for Their Children’s Actions?

It’s straight out of the movies – your kids are playing baseball in the backyard and “crash” your 12 year old has hit a home run right through your neighbor’s window.  Are you legally responsible for repairing the window?  In the movies, the kids always raise the money and pay for the damage they caused – finding themselves along the way.  But we all know that’s not how the real world works so – we know you are morally responsible for damage caused by your child but (for those somewhat morally challenged) are you legally responsible as well? Our analysis […]
August 13, 2018

Can I FIRE My Lawyer?

We often receive telephone calls from people who are unhappy with their current lawyer and want us to take over their case. So, can you fire your lawyer and how does it work? The short answer is, yes, you can fire your lawyer at any time and the lawyer will have a lien on the proceeds of your case. Before firing your lawyer, you should first clearly state your problem, in writing, to the lawyer. Usually the problem with people who hire big law firms is lack of communication and responsiveness – the feeling that they are just a number […]
October 11, 2017

Relocating Family From Puerto Rico – Legal Issues You Should Know

Following the devastation of Puerto Rico by the hurricane, you may have or you may be considering the relocation of your family or friends to Florida.  Although your family can of course travel freely between Puerto Rico and Florida, there are some legal considerations you might want to consider.  This is not an exhaustive list and if you ever have any questions or concerns, please feel free to contact us. Restrictions on Number of Individuals Living in Residence Each city can pass its own ordinances as to how many individuals are allowed to live in a residence,  but the general […]
September 22, 2017

Hurricane Insurance Claim? Things to Watch Out For.

If you have suffered hurricane damage and have or will be making an insurance claim, there are a couple things you need to be careful of or you may lose money or even suffer a claim denial.  Some of these things are, in no particular order:   Proof of Loss: Many insurance policies require that you submit a “Proof of Loss” within a certain time frame. If you do not, the claim can be denied.  A Proof of Loss is a notarized document in which the insured is stating the ownership and damage to the home.  This is a very […]
September 12, 2017

Can You Get Monetary Assistance from FEMA for Irma? You Might be Surprised.

FEMA stands for the Federal Emergency Management Agency and is part of the Homeland Security department. Okay, enough background. You need help – can FEMA help you? The answer may very well be “YES” – more than you might think. FEMA helps individuals with housing costs, medical costs, vehicle costs and even provides monies for loss of essential household items – up to $30k. Apply at www.DisasterAssistance.gov. Read below for more details: 1. In order for FEMA to assist you as an individual (as opposed to general public assistance), your county must have been declared eligible for individual assistance. Currently […]
September 11, 2017

After Irma- How to Ensure Your Insurance Pays for ALL Your Home Damages

Hurricane Irma was big and scary but you survived shaken but unscathed.  Unfortunately, your home suffered damage and now you are wondering how you are going to fix it.  Here are the things you MUST do before and after making an insurance claim in order to protect yourself and your family.  Please feel free to share with family and friends. FIRST: Assess and document the damage.  THE TIME TO DO THIS IS NOW.  The longer you wait, the more difficult it becomes.  Use your phone to video any damages.  On the outside of your home (please be careful!), video the […]
September 6, 2017

Things I Wish I Could Tell Our Future Clients BEFORE Hurricane Irma – An Insurance Attorney’s Perspective

Please read everything below and share it if you find it helpful.  This brief article is only about what to do from a legal point of view and NOT about safety.  Let’s get to it. FIRST THING:     Find your insurance policy or policies or at least the “declarations page” and store it in your phone including the phone number of your insurance company.  You must understand two things:  First, that your hurricane deductible is likely much higher than you imagine.  Most policies we have seen in the last few years have 5% or even 10% deductibles meaning your deductible is […]