March 10, 2017

Drinking and Driving Never Pays

  Everyone should know by now that drinking and driving never pays.  But it could also cost family members some much needed help by way of life insurance proceeds. In American Heritage Life Insurance Company v. Carmen Morales, a family was denied death benefits because the decedent had been drinking and was legally intoxicated at the time of the jet ski accident that resulted in his death.  So his family was unable to recover any death benefits because the decedent was legally drunk at the time of his death. By way of additional background, in that case, the insured purchased […]
March 8, 2017

Your Insurance Claim May Be Dead On Arrival and Denied if You Fail to Adhere to the Conditions Set forth in Your Insurance Policy

Your insurance claim may be dead on arrival and denied if you fail to adhere to the conditions set forth in your insurance policy.  This point is illustrated by the ongoing dispute Alfredo Hernandez (“Hernandez”) had with his insurance company, State Farm. Hernandez was initially paid $36,858.80 for losses caused by Hurricane Wilma. Hernandez claimed that he noticed additional damages sometime after the initial payment and proceeded to renovate the large majority of his home.  Hernandez did not contact Sate Farm before, during, or after the repairs to allow inspection and kept only minimal records of the costs associated with […]
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.  […]