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Category Archives: Property Damage Insurance

ProperIns

Are Appraisals Necessary When the Insurance Company Partially Denies Claims?

By Velasquez & Associates |

Almost every homeowner insurance policy has some provision that allows a homeowners insurance company to try to avoid court in the event of a dispute. Usually, this kind of avoidance is done through appraisal. The standard policy will say that if the insurance company denies the claim, the homeowner can (or must) submit to… Read More »

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Contract

Differences Between Insurance Contracts and Other Types of Contracts

By Velasquez & Associates |

We’ve written in the past about lawsuits and court decisions which involve careful interpretation of terms and conditions written into insurance contracts. But are insurance contracts the same as every other contract, such as one that you would sign in the course of business or employment? How do insurance contracts differ from other kinds… Read More »

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Legal14

Insurance Companies Have to Pay Agreed-to Settlements Quickly

By Velasquez & Associates |

Usually, we complain that an insurance company is slow to resolve a claim, slow to investigate claims, or slow to actually tender an amount of money under the policy that is necessary and sufficient to fulfill the obligations under the insurance contract. But sometimes, they act quickly, and the homeowner and the insurance company… Read More »

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Legal2

Court Rules an Insured Can Only Get Damages That Are in the Insurance Contract

By Velasquez & Associates |

The Florida Supreme Court recently issued an opinion that limits the damages that a consumer can get when the insurance company breaches the insurance contract. The opinion is one that insurance companies will surely use to discourage consumers from suing. Consequential Damages The issue in the case has to do with what are known… Read More »

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ProperIns

What is Your Insurance CLUE Report?

By Velasquez & Associates |

When you apply for a loan, you expect that the lender will pull your credit, to see what your past history is paying off loans. There are entire credit reporting agencies, which keep records of your debt and payment history on that debt. You probably knew that-but what you may not have known, is… Read More »

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Legal15

Homeowner Loses Right to Sue Insurance Company for Bad Faith

By Velasquez & Associates |

When you sue an insurance company for anything related to property damage, there are really two kinds of suits. The first a breach of contract, which generally alleges that the insurance company didn’t live up to its obligations in, or follow the terms of, the insurance contract between it and the homeowner. But the… Read More »

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Legal4

Recent Case Looks at Homeowner’s Delay in Filling Out Insurance Paperwork

By Velasquez & Associates |

We’ve written in the past about what happens if a homeowner making a homeowner’s insurance claim doesn’t follow the time restrictions in the homeowner’s insurance policy. In many cases, failure to abide by deadlines, such as the deadline to make a claim, or allow an inspection, can lead to a claim being denied. A… Read More »

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Sinkhole3

The Constitutional Challenge to a Sinkhole Claim Law

By Velasquez & Associates |

In the world of homeowner’s insurance, it is rare that constitutional questions come into play. But sometimes they do. One example where this happened was in 2012, when the Florida Appellate Courts determined what the Florida legislature could do in homeowner’s insurance cases. Law is Challenged as Unconstitutional The case involved a challenge to… Read More »

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LegalAdvice

Exploding Bodies and Named Peril Insurance Policies

By Velasquez & Associates |

Rarely in the world of homeowners insurance are there disputes or cases that we would consider to be gross or distasteful. But in the world of the law, you never know what kind of disputes can arise, and homeowner’s cases are no different. That’s why it may (or may not) be important to know… Read More »

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Legal16

Can You Get Consequential Damages in a Property Insurance Damage Lawsuit?

By Velasquez & Associates |

In a property insurance contract, damages for the homeowner when the insurance company breaks the insurance contract by not paying, or by not paying the proper amount, is generally whatever it would cost to fix the property (in addition to attorneys fees and costs). In other words, if your house is flooded, and the… Read More »

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