Hugo Alvarez

February 14, 2017

How does a Foreclosure Impact One’s Insurable Interest in Property

In Conyers v. Balboa Insurance Company, the United States District for the Middle District of Florida was asked to decide how does a foreclosure impact one’s insurable interest in property.  In that case, the Conyers sought to recover from the Balboa Insurance Company (“Insurance”) money for damage caused to their property by a sinkhole.  Under the Conyers’ mortgage, there was a condition that required them to carry hazard insurance.  When they failed to do this, the Mortgage Servicer bought a lender-placed insurance policy (“Policy”) at the Conyers’ expense.  The Policy named the Mortgage Servicer as the named insured and the […]
February 9, 2017

Insurance Company’s Exercise of the Right to Repair Does Not Trigger a Stay in Litigation

The Florida Fourth District Court of Appeal quashed the trial court’s grant of a Motion to abate and ruled that an insurance company’s exercise of the right to repair does not trigger a stay in litigation.  In Henry Robinson v. Florida Peninsula Insurance Company, the homeowner, Robinson, had an insurance policy with Florida Peninsula Insurance Company (“FPIC”) which gave FPIC the option to either repair damage or make cash payments in the event of damage.  Robinson’s home was damaged and FPIC elected to repair the damage rather than make the cash payments.   FPIC attempted to coordinate repairs through its Contractor.  […]