Personal Articles Policy- Protecting Jewelry, Artwork and more

Most standard homeowner’s policies provide coverage for damage to personal property. Personal property includes such things as clothing, furniture, artwork, jewelry, furs, firearms and electronic devices. However, this coverage is limited in scope and amount. Most policies limit the scope of coverage to losses caused by certain events. For example, coverage is usually extended for loss caused by fire, lightning, windstorm, hail, explosion, vandalism and accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance. Most policies also limit the amount of coverage available for certain losses. For example, dollar limits ranging from a couple of hundred dollars to a couple of thousand dollars exists for damage or for loss to money, securities, jewelry, artwork, firearms, electronic devices and business property. Higher limits usually exist for damage to clothing, furniture and appliances. Continue reading “Personal Articles Policy- Protecting Jewelry, Artwork and more”

What is animal liability coverage and why you should add it to your Homeowner’s Policy

 

Back in November I wrote a blog post called “Insurance coverage for dog bites?” It discussed dog bite claims and the difficulty in getting the homeowner’s insurer for a dog owner to pay the claim. This difficulty arises from the fact that a number of years ago most homeowner’s insurers added exclusions to their policies that bar coverage for “animal liability,” including dog bites. Continue reading “What is animal liability coverage and why you should add it to your Homeowner’s Policy”

Homeowner’s Insurance and Mold Coverage

Mold exists everywhere in Florida. Our state is a veritable paradise for mold, with its high levels of humidity, abundant food sources and temperate climate. Many homeowners become quite concerned when mold is found in their home. Fortunately, mold is usually harmless. However, it can be a problem for certain individuals who are sensitive to mold, especially when there are elevated levels of certain strains of mold. Continue reading “Homeowner’s Insurance and Mold Coverage”

Insurance coverage for dog bites?

You were attacked and bitten by a dog, either while at someone’s home or off the dog owner’s property. Your injuries are serious and the dog owner tells you not to worry because their homeowner’s insurance will cover claim. Can you rest easy? Are all your bills and lost wages going to be taken care of? What about all your pain and suffering, mental anguish and loss of enjoyment of life? Are you going to be compensated for this? Continue reading “Insurance coverage for dog bites?”

“I was in a car accident. Who pays for my medical bills and lost wages?”

Every car registered in Florida must carry No-Fault insurance. This coverage is also known as PIP, or personal injury protection coverage. No-fault pays 80% of your reasonable medical expenses and it also pays 60% of your lost wages if you are unable to work due to injuries suffered in the accident. The maximum amount payable, for both medical bills and lost wages, is $10,000. Continue reading ““I was in a car accident. Who pays for my medical bills and lost wages?””

Disability Insurance-Do I Really Need It?

No one likes to spend money on insurance. It is something that you pay for, but unlike a new shirt or a delicious meal, you never really see it or even enjoy it, for that matter. There is no instant gratification when you write a check each month for your insurance premium. As a result, I believe many people buy insurance only when they are required to do so. For example, in Florida, you have to have insurance on your car in order to renew your vehicle tags each year. And now, with “Obamacare,” you have to have health insurance or suffer a penalty. Continue reading “Disability Insurance-Do I Really Need It?”

Homeowners’ Insurance Policies and Exclusions for Long-Term Leaks

Do insurers have a responsibility to pay for long term leaks in the house? The answer is usually no. Most homeowners’ insurance policies have an exclusion for long term leaks. The policies will pay for leaks that are discovered and attended to right away, and insurers do have a responsibility to pay for these leaks (after the deductible is met, of course). However, no insurer will pay for damage that could have been avoided by fixing the leak when it was first noticed.

Insurers will also contest paying for long term leaks that took a long time for a homeowner to notice. That is because there is a reasonable expectation that a homeowner would notice something that would indicate to them that a leak was going on and get it fixed before it became a larger problem.

If the homeowner only lives in the house part-time, or was away for several months for work or other reasons when the leak first occurred, there might be an argument that there was no way to avoid it turning into a long term leak, due to the absence of the homeowner. It will be an uphill battle to get a homeowners insurance policy to pay for leaks even in these circumstances, and the responsibility for them to pay for those leaks is questionable. However, if there is ever a chance to get a long term leak repaired by homeowners insurance, it is in this circumstance alone.

Since long term leaks are an exclusion to coverage, it is the responsibility of the insurance company to prove that the damage was not sudden and accidental, but occurred over a long period of time. A homeowner who makes a claim for leak damage and says the leak was recent can expect insurance adjusters to come to their home to gather evidence to prove their case. The leak and the damage it has caused will be closely examined, pictures will be taken, and statements from the homeowner may be taken, as well. The insurance company will use this evidence to try to prove the leak is a long term one instead of a recent problem.

If the insurance company cannot definitely prove the leak is a long term one and the homeowner cannot definitely prove it was a sudden leak, the case for the claim may go to court. There, it will be up to a jury to decide the true nature of the leak.

If the leak is determined to be a recent one, the insurance company will be ordered to pay the claim, and probably attorney’s fee and the court costs of the homeowner. If the leak is found by the jury to be a long term one, the insurance company will not have to pay for it, and the homeowner may responsible for the court costs of the insurance company.

Of course, most leak cases do not get to the point of going to court. Going before a jury is not the most desirable outcome for either the homeowner or the insurance company. If length of time over which the leak has occurred cannot be determined, both the homeowner and the insurance company’s interests may be best served by a compromised settlement.

In every case, the best outcome is for the homeowner to avoid long term leaks by taking care of leaks as soon as they occur. This way, there will never be any question of the nature of the leak, and the homeowners insurance company will pay the claim without argument.

Attorney Luckman’s practice areas include personal injury, insurance and disability claims, long term care claims and insurance law. There are no legal fees in contingency fee cases and no fees at all unless your case is successfully resolved through negotiation or court award. For a complimentary case review, call Attorney Eric Luckman at (561) 737-3133.

Bicycle Accidents Risks and Remedies

The State of Florida is a bicycle rider’s paradise. With virtually year around sunshine and warm weather as well as miles and miles of incredibly beautiful coastline, it should come as no surprise that bicycles are a common sight in Florida. Unfortunately, despite efforts by advocacy groups and governmental agencies to making biking safer, riders remain at serious risk of being involved in a collision with a motor vehicle. Moreover, bicyclists who are involved in a collision often suffer catastrophic, even fatal, injuries. If you have been injured in a bicycle crash and another party caused, or contributed to, the collision you may be entitled to compensation for your injuries. Continue reading “Bicycle Accidents Risks and Remedies”

Delray Beach Automobile Accident Attorney

If you were involved in a car accident, of course you want to recover the maximum amount of compensation possible for your losses, injuries and expenses, including medical bills, lost income, automobile and property damage and more. Florida’s Personal Injury Protection (PIP) insurance laws limit recovery to 80% of injuries and 60% of lost income, regardless of who was at fault. Continue reading “Delray Beach Automobile Accident Attorney”