American Coastal, part of United Property and Casualty Insurance, Florida’s largest private insurer of property, has, for now, dodged an $18 million bullet on hail damage coverage for a South Florida condominium complex, after a state appeals court ruled partly in the carrier’s favor.
American Coastal denied the damage claim of Hanson’s Landing Association, contending that the condo association did not provide prompt notice of damage and did not provide adequate documentation. Additionally, the insurer charged that Hanson’s Landing violated their policy by inflating the amount of the claim and misrepresenting the facts. In turn, the condo association filed suit for breach of contract. A Martin County trial judge granted the condo’s motion to compel an appraisal on the property. American Coastal appealed that ruling.
On appeal, Florida’s 4th District Court of Appeal held that the Florida Supreme Court has previously decided that an appraisal is appropriate only when an insurer has admitted a covered loss, but the amount is in dispute. Since in the Hanson Landing case, the insurer denied the claim outright and a finding of liability must precede a determination of damages, an appraisal of the property was not the appropriate remedy. The circuit court in Martin County must now review the case again & the trial court must first resolve the extent of coverage under the policy, prior to ordering an appraisal.
The Consumer Law Office – Handling Property Insurance Damage Claims & Disputes From Start to Settlement:
If you have sustained hail or any other type of natural disaster to your commercial or residential property, immediately contact The Florida Property Damage Attorneys at the Consumer Law Office. Our law office can even file your claim for you and will be by your side at the start of your claim until you receive the compensation you are entitled to under your insurance policy. Our Property Damage Attorneys use our experience & knowledge of insurance law and adjusting to determine the nature of your damage problem and scope of the damage.
The Florida Property Damage Attorneys at the Consumer Law Office aggressively advocate on your behalf to get you the relief to which you are entitled. We have helped numerous home and business owners successfully recover the compensation they deserve. Best of all there are no upfront fees, and we only get paid when you get paid by the insurance company. Contact us today for a free consultation: 305-940-0924
