Case Law Summary
Ramirez v. McCravy Ramirez v. Mccravy, ___ So. 2d ___, 34 Fla. L. Weekly D395a (3rd DCA February 18, 2009)
In this case, the Third District Court of Appeal held that the Florida Supreme Court’s hurricane related tolling orders did not toll a statute of limitations where the weather emergencies did not delay the plaintiff in filing suit. Ramirez filed suit 3 days after the running of the statute of limitations, and 6 months after the courts had entered an administrative order tolling the statute of limitations due to Tropical Storm Ernesto causing the closure of the courts.
Citizens Property Ins. Corp. v. Hebrew Congregation of Miami, Inc. Citizens Property Ins. Corp. v. Cuban-Hebrew Congregation of Miami, Inc., ___ So.2d ___, 34 Fla. L. Weekly D333a (3rd DCA February 11, 2009)
In 2006, the insured sued Citizens for breach of contract and declaratory relief, arguing that Citizens failed to pay the full amount of the insured's loss with respect to one of the three properties. The trial court compelled appraisal pursuant to the appraisal clause of the insurance policy. Each party appointed an appraiser and the court appointed the neutral umpire. Two of the three members of the appraisal panel agreed that the amount of the insured's loss was $194,454. The award did not include any deduction for the policy deductible or prior payments by Citizens.
Chalfonte Condominium Apartment Assoc. v. QBE Ins. Corp. Chalfonte Condominium Apartment Assoc. v. QBE Ins. Corp., ___ F.Supp.2d ___ (11th Cir. March 9, 2009)
In Chalfonte, the insured brought action against the insurer, arguing that it breached the implied warranty of good faith and fair dealing based on the insurer’s failure to investigate and assess the insured’s claim within a reasonable time period and seeking to invalidate the hurricane deductable because the policy did not comply with language and type size requirements established by Florida law.
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Attorney Q and A
Surplus Lines Carriers: A Conversation with Attorney Kristin Demers-Crowell .JPG) Q. What is a surplus lines carrier?
Insurance companies transacting business in Florida must have a certificate of authority issued by the Office of Insurance Regulation (OIR). They are referred to as authorized or admitted insurers and regulated by the OIR on matters such as solvency, rates, and reserves.
Surplus lines insurers are not authorized insurers as defined by Section 624.01 of the Insurance Code. They are regulated by the state, but to a lesser degree than authorized or admitted insurers, and they do not have to obtain a certificate of authority. Surplus lines insurance is alternative property/liability coverage for a consumer to buy when coverage is unable to be purchased from admitted insurers. They are not licensed by the state, but are allowed to issue insurance as an eligible insurer. |
Items of Interest
NFIP Extension for Hurricanes Gustav and Ike Proofs of Loss The Federal Code and Regulations require that Proofs of Loss for National Flood Insurance claims be filed within 60 days following the loss. Only the Administrator of the National Flood Insurance Program (NFIP) can extend the deadline for filing the proof of loss.
Vanguard Fire and Casualty Company Deadline Approaching The deadline for either settling a claim or filing suit on losses involving the insolvent carrier Vanguard Fire and Casualty Company is June 30, 2009.
Upcoming Florida Public Adjuster Events |
Merlin in the News
Merlin Law Group is Pleased to Announce That Kristin Demers-Crowell Has Been Admitted to Practice Law in Texas Kristin joins Tina Nicholson, Esq., and Javier Delgado, Esq., of the Houston, Texas office, and Chip Merlin, Esq., and Donna DeVaney, Esq., as an attorney licensed to practice in Texas.
Chip Merlin Honored by The Insurance Law Center's Person of the Year Awards |
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