News - Page 2 of 18

28Nov 2022 by Pat Geddie

Does a Business Owner Need To Be On Notice Of A Dangerous Condition?

If you have injured yourself on the premises of another person or on a business’s property, you may be able to make a premises liability claim for your injuries and other losses. To successfully bring a slip/trip and fall claim, you must establish that the property owner, owed you a duty to exercise due care and that the owner breached this duty. You also must prove that the breach of the legal duty was the proximate cause of your injuries. The occurrence of an injury does not make the property owner liable. Bringing the claim forward properly is a key component of a successful premise liability claim. The Notice Requirement of Premises Liability Cases Not everyone is aware that a property owner must know or have reason to know of a…

10Nov 2022 by Pat Geddie

What To Do If Your Property Sustains Water Damage

property damage

Water Damage is generally covered under a homeowners insurance policy, but the way the claim is made and described has a significant affect on whether the insurance company accepts the claim. In other words, water damage is typically covered, but flood damage is typically not covered. If you approach your insurance company and tell them that you are making a claim related to water damage, but describe the damage as flood damage, your claim will likely be denied. On the other hand, if you contact an attorney or a public adjuster and they determine that your water damage is water retention or wind retention damage, your insurance company is unlikely to deny your claim based upon a flood exclusion. If you have water damage to your home: Discuss your potential…

08Nov 2022 by Pat Geddie

What is an Anti-Concurrent Clause with a Homeowners Insurance Policy

property damage

An Anti-concurrent clause is a common clause within a homeowners insurance policy. Although it is common it is also commonly misused by insurance companies to compartmentalize damages into a coverage exclusion. Anti-concurrent clauses prohibit recovery when a covered peril and non-covered peril combine to cause damages. For example, if your home is damaged by wind (covered) and flooding (non-covered) due to hurricane Ian, you may run into an anti-concurrent clause defense from your insurance company. In this situation, your insurer will deny your claim regardless of the existing wind coverage. You can get ahead of this issue by getting an attorney at the outset of your client. Ideally before you make a recorded statement. Public Adjusters are also helpful in classifying damages and avoiding this type of policy defense. Be…

07Nov 2022 by Pat Geddie

Is Water Damage Covered Under My Homeowners Insurance Policy?

property damage

Damage from water may be covered under a standard homeowners insurance policy. Damage from water and damage from flooding are commonly separate within a homeowners insurance policy, with flood damage being a common exclusion. Flood damage coverage typically requires a separate election. FEMA defines flooding as: “A general and temporary condition of partial or complete inundation of 2 or more acres of normally dry land area or of 2 or more properties (one of which is the policyholder’s) from: Overflow of inland or tidal waves; orUnusual and rapid accumulation or runoff of surface waters from any source; orMudflow; orA collapse of subsidence of land along the shore of a lake or similar body of water because of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical…

02Nov 2022 by Pat Geddie

Is Wind Damage Covered Under Your Homeowners Insurance Policy?

property damage

Wind Damage is typically covered by your Homeowners Insurance Policy. You can confirm this by reviewing your policy to confirm that wind is noted as a covered peril, if your policy is “all-risk,” or if there is any explanation for windstorms. If your policy covers, there are two primary types of protection to look for regarding your property: (1) dwelling coverage, which protects the structure of your home such as repairs to your home’s roof, windows, or siding; (2) personal property coverage, which assists with the cost of replacing any personal contents damaged by wind within your home’s structure. Please keep in mind that all coverage is subject to limits. If you have coverage for wind damage a deductible will typically apply. A deductible is the amount you pay out…

02Nov 2022 by Pat Geddie

What To Do If You Suspect Hurricane Ian Wind Damage

property damage

Start by developing a plan, taking action and documenting your work: Immediately photograph any damages to your property. If you were able to prepare your home by taking photos, gather “before and after” photos.Document and address any damages to your property. Keep an eye out for potential sources for further damage as a result of wind hitting your property. If temporary repairs would limit further damages, those repairs should be handled immediately to mitigate damages and avoid policy defenses. File your claim quickly and keep track of the name and contact information of the insurance adjusters assigned to your claim.Consider hiring a public adjuster or engineer to review any windstorm damage. It is recommended you obtain a second opinion, as a public adjuster’s estimate may differ from the independent adjuster. An outside opinion could…

26Oct 2022 by Pat Geddie

Flood Damage vs. Storm/Wind Driven Rain

property damage

The claims process is not simple. In fact, its purposely complicated and designed by insurance companies that thrive off of the complications. If your home was damaged by Hurricane Ian and you approach your insurance company without the assistance of an attorney, the insurance company will try and walk you into a policy exclusion and subsequent denial. It is what they do BEST! One of the most common pitfalls is the difference between Flood Damage and Storm Driven Rain. Flood Damage is not covered under a typical homeowners policy. Storm driven rain or wind-driven rain is not in the same damage category as flood damage. Storm and Wind-driven rain damage, regardless of the cause, is a covered peril like wind or lightning. Storm and Wind Driven rain can cause an…

25Oct 2022 by Pat Geddie

Drivers Hit More Pedestrians on Halloween

personal injury

Halloween is one of the most dangerous nights of the year for pedestrians. Not only are there more pedestrians out that night, but many of them are small children, possibly wearing dark costumes. Add to this the fact that many drivers are under the influence, and it is a deadly mix for pedestrians. A 2019 study from the National Highway Transportation Safety Administration found that pedestrian fatalities were 43% higher on Halloween night. While walking on Halloween night is dangerous for everyone, it is particularly deadly for children aged four to eight, who have a fatality rate ten times an average day. The most dangerous time on Halloween night is dusk, between 6:00 - 7:00 PM. This time is when the most children are out, and drivers are adjusting to…

25Oct 2022 by Pat Geddie

How Florida Statute 487.147 Affects Hurricane Ian Claims

property damage attorney, property damage

Florida Statute 487.147 is known as anti-policyholder legislation, but in times like these, its provisions are necessary to prevent nefarious activity. After all, it did not take long for SB 76 to be excised by Chief US District Justice Mark Walker. Judge Walker recently heard arguments that claim the legislation prevents contractors and public adjusters from advertising to promote and encourage property owners to file a homeowner insurance claim is a violation of the first amendment. https://loom.ly/Fa3JdBU Judge Walker ruled in favor of the Plaintiff and issued an injunction stopping Florida Officials from enforcing part of the bill. The overall issue was whether the legislation's ban on written or electronic communication encouraging homeowners to contact a roofer or public adjuster for the purposes of filing an insurance claim violated freedom…

20Oct 2022 by Pat Geddie

Homeowner Insurance Claims

homeowners insurance claims

Wind Damage High velocity winds can cause permanent damage to your property. Common wind damage claims involve roofs blowing off, tress falling on your property, fences being blown down, shingles/tiles being lifted and window leaks. In regard to Hurricane Ian, Cayo Costa, Florida, was hit with maximum sustained winds of 150 mph. This type of wind speed can cause damages that aren't realized upon the initial assessment of your property. Damage caused by wind is covered under most homeowners insurance policies, but the terminology used when making a claim can trigger policy exclusions and conditions. Quattrochi, Torres and Taormina is currently handling numerous Hurricane Ian wind damage claims in an effort to return policyholders' homes to their pre-hurricane condition. Don't get caught up in the claims process, let Quattrochi, Torres…

Call us for a free consultation.

407.452.4918

Does a Business Owner Need To Be On Notice Of A Dangerous Condition?

What To Do If Your Property Sustains Water Damage

What is an Anti-Concurrent Clause with a Homeowners Insurance Policy

Is Water Damage Covered Under My Homeowners Insurance Policy?

Is Wind Damage Covered Under Your Homeowners Insurance Policy?

What To Do If You Suspect Hurricane Ian Wind Damage

Flood Damage vs. Storm/Wind Driven Rain

Drivers Hit More Pedestrians on Halloween

How Florida Statute 487.147 Affects Hurricane Ian Claims

Homeowner Insurance Claims

Testimonials

407.452.4918