Category Archives: Mold Water Damage
A Homeowners’ Policy Is Not Like Auto Insurance
If you own your own home and a car, you likely have insurance on both. There is a critical difference between the two types of insurance. Florida law requires drivers to carry a minimum amount of auto insurance known as personal injury protection (PIP) coverage. As far as your home goes, however, state law… Read More »
Understanding What Specific Damage Is Covered By An Insurance Policy
Even when an insurance company is required to cover some damages arising from a specific event, such as water damage, that does not necessarily mean the policy covers all damages incidental to the event. Of course, an insurer is required to pay a valid claim in good faith. But they are not under any… Read More »
When Is An Insurance Company Required To Honor An Assignment Of Benefits?
It is common practice for homeowners to assign their insurance benefits to businesses that perform repair work. But such assignments must strictly comply with the terms of the underlying policy. Insurance companies are under no obligation to pay over benefits to an unauthorized third party. Appeals Court Grants Insurer’s Request to Reverse Summary Judgment… Read More »
Is A Policyholder’s Non-Compliance A Defense To A Breach Of Contract Lawsuit?
Insurance policies are contracts. As such, when an insurer fails to pay a valid claim, it is subject to suit for breach of that contract. But this works both ways. If the policyholder fails to live up to their contractual obligations, that can supply the insurer a valid defense to any alleged breach. A… Read More »
When Is An Insurer Required To Pay For Reasonable Emergency Measures?
When a home sustains water damage, the property owners understandably want to take immediate action to mitigate the problem. But sometimes this means they do not take the time to read–or follow–the terms of their homeowner’s insurance policy. Many insurance contracts require advance notice or approval before undertaking even emergency repairs to a property…. Read More »