In Heritage Property & Casualty Insurance Company v. Wellington Place HOA, Inc., No. 4D2022-2749 (Fla. 4th DCA Sept. 13, 2023), the Fourth District Court of Appeal addressed the aforementioned question. This appeal involves Hurricane Irma, which Struble, P.A. is quite familiar with. Here, the Insured (a homeowner’s association) submitted a […] The post How Should Insurance Claims Be Categorized for the Purpose of Determining Ripeness for Appraisal? appeared first on Struble, P.A ..read more

Property insurance in Florida can be a dynamic aspect of property ownership. With Florida’s susceptibility to natural disaster and evolving insurance landscape, understanding your coverage needs and options can be critical. First-party property damage insurance is a type of coverage that helps property owners recover financial losses resulting from covered […] The post Navigating Florida First-Party Property Damage Insurance appeared first on Struble, P.A ..read more

Claim For Punitive Damages Authorized   On August 11, 2023, Florida’s Fifth District Court of Appeal held that an insurer can face punitive damages stemming from its handling of a claim for Hurricane Matthew damages. Cook v. Florida Peninsula Ins. Co., 5D22-2334, 2023 WL 5156375 (Fla. 5th DCA Aug. 11, […] The post Insurer Can Face Punitive Damages appeared first on Struble, P.A ..read more

Before you accept coverage from your insurer, it is important to understand the fine print. Many insureds assume that because they pay a premium every month, any claim that they submit will be paid in full. The existence of property damage insurance attorneys proves that the process is not always […] The post Understanding Policy Limits appeared first on Struble, P.A ..read more

After disaster strikes and there is property loss, homeowners submit claims to their insurance companies. Consequently, they may have a lump of cash in the form of a settlement. While the end goal of insurance policies is settlement for properly submitted claims, it is not always that easy for homeowners. […] The post How to Navigate Settlement Offers appeared first on Struble, P.A ..read more

In this opinion issued by the Third District Court of Appeal (No. 3D22-398), the insured reported that their property was damaged by rainwater which entered through the roof and damaged the interior. The insurer provided coverage for physical loss to the dwelling, but excluded coverage for loss caused by rain […] The post No Personal Knowledge? 3rd DCA Opinion on Inadmissible Hearsay Testimony From Corporate Representative appeared first on Struble, P.A ..read more

In Florida, an insurance policy should be read as a whole, with the court endeavoring to give every provision its full meaning and operative effect.[1] Florida courts are not required or permitted to “judicially rewrite an insured’s policy to exclude coverage where the language of the policy does not.” [2] […] The post Another Eleventh Circuit Win: Summary Judgment Vacated and Remanded for Further Proceedings appeared first on Struble, P.A ..read more

A recently issued Opinion from the Fourth District Court of Appeal reviews whether providing notice of the right to mediation prior to a dispute waives the right to appraisal. In Grnja v. People’s Trust Insurance Company, after the insureds submitted their claim for damage sustained Dec 2021, People’s Trust (PTI) […] The post New 4th DCA Opinion: Providing Late Notice of Right to Mediation Contravenes the Purpose of the Statute But Early Notice May Not appeared first on Struble, P.A ..read more

On April 13, 2023, The Eleventh Circuit affirmed our client’s position that an insurance company cannot deny a claim based on an exclusion it never included in the insurance policy that it issued to its insured. Eleventh Circuit Court Judge Newsom started the opinion, which you can find here, by saying, “This is an insurance case. […] The post STRUBLE, P.A. Keeps The Faith ? appeared first on Struble, P.A ..read more

Owning a condominium is different from owning a single-family residence. A condominium owner will typically own the “inside” of their given unit. The condominium’s homeowners association (HOA), by contrast, generally bears responsibility for “common areas.” These areas can include hallways between the condo units, the lawn/grass areas outside of the […] The post Florida Condo Damages: Know Your Rights appeared first on Struble, P.A ..read more