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Fort Myers bad faith insurance lawyerIf you are a resident or property owner in Southwest Florida (particularly in Lee County, Collier County, and Charlotte County), odds are fair that you’re dealing with some type of insurance claim due to destruction caused by Hurricane Ian. Although insurance companies can be frustrating to work with even under “normal” circumstances, keeping up with your claim can become 10 times more stressful in the wake of a natural disaster. One thing to bear in mind is that if the insurers do not respond to your claim in good faith, it may be possible to hold them accountable with a Florida bad-faith insurance claim.

As our longtime Fort Myers-based property damage attorneys can explain, Florida bad faith insurance laws were enacted to protect consumers from insurer practices that are unfair or fraudulent. Lawmakers understand the substantial power imbalance between consumers and insurers, as well as the outsized impact on “the little guy” when insurance companies don’t act in good faith. Such claims are separate from the underlying damage claim and are specifically for accountability when an insurance company acts with the intent to deceive, mislead, or fail to fulfill a contractual obligation.

That said, simply having a claim denied is not, in and of itself, bad faith insurance. Fort Myers bad faith insurance claims can be complex and require a great deal of evidence. If you’re struggling to get your insurer to accept accountability and pay a claim they should, it’s time to involve a property damage lawyer. We will work tirelessly on your behalf to convince the insurers to pay their fair share. And if they act in bad faith, we’ll be there to help you gather the necessary evidence to prove it in court.

Some points of contention that we’re already seeing bubble up in pending Florida property insurance and business interruption claims:

Was the damage from wind or flooding?

There has been some early industry speculation that much of the property damage reported in Lee, Charlotte, and Collier Counties won’t be covered by property insurance policies, thanks to the flood exclusion in a lot of these policies. Many Homeowners Insurance policies cover wind damage (specifically windstorm coverage), but flood insurance is typically sold separately and is most often run by FEMA and the National Flood Insurance Program, although there are some insurers who write private flood coverage.

However, as our Fort Myers property damage lawyers can explain, the presumption of flooding as the cause of extensive damage is not an early stage assumption to which insurers should leap. Of course, it’s in the insurance company’s best interest to categorize it this way because then they’re more likely to be able to cite exclusions that they don’t have to pay. But the same thing happened in other named storms (thinking primarily of Hurricane Michael and Hurricane Ivan). Ultimately in those cases, it was determined the damage was actually partially – or sometimes fully – the result of wind-related damage. Continue reading

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Florida business interruption insurance Hurricane IanThe number of Florida insurance claims filed after Hurricane Ian is steadily rising, with the Florida Office of Insurance Regulation estimating there have so far been nearly 450,000 claims, more than 12,300 of those being commercial property claims. Those figures are likely to climb. Insured losses for wind damage are estimated to be somewhere between $23 billion and $35 billion, while flood losses covered by private insurers and the National Flood Insurance Program are going to be anywhere from $8 billion to $18 billion. (The actual amount of damage is much higher; these are only the estimated losses covered by insurance.)

For Southwest Florida business owners forced to halt operations – temporarily or indefinitely – it’s a smart idea to consult with a Fort Myers business interruption insurance claim lawyer.

Small businesses are the heartbeat of Florida’s Gulf Coast, especially in the restaurant and hospitality industry. Business interruption insurance covers losses sustained when you’re forced to shut down your business for a covered reason. It isn’t required in Florida, but it is highly recommended for South Florida companies – for situations just like this.

Hurricanes are notorious for closing down South Florida businesses for various stretches. Business interruption insurance won’t cover the property damage losses (which are hopefully covered in your commercial insurance policy). What it can do is cover things like:

  • Lost income and profits.
  • Fixed expenses, like utilities and payroll.
  • Ongoing tax burdens.
  • Reasonable expenses incurred while business is temporarily operating elsewhere.
  • Lost rental income.
  • Relocation expenses.
  • Small business loan payments.

Typically, business interruption policies only apply in situations where there is physical damage to the business property or some other property that precludes employees and customers from entering. An example of the latter situation would be the destruction of the Sanibel Causeway, the only roadway on/off the island making entry only accessible by boat or aircraft. Continue reading

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Fort Myers property damage attorneyMany in our Southwest Florida community who sustained Fort Myers property damage during Hurricane Ian are wondering where to even begin when it comes to filing insurance claims. Roofs were blown off. Lanais are no more. Vehicles were flooded. Homes were flooded if not entirely swept away.

Industry analysts are estimating this may have been the costliest storm in Florida’s history – which is saying something. Early insurance industry estimates of the damage are falling roughly around $53 billion. Some are already saying the final number could be higher.

As Fort Myers civil trial attorneys offering help with Florida business interruption insurance claims and bad faith insurance actions, we can offer some insight on how to get the process started. Good property damage attorneys can help you fight back when insurance companies pinch pennies, lowball your legitimate claims, and try to deny you the relief you’re owed according to the terms of your policy.

Property damage insurance companies in Florida are notorious for downplaying the extent of the damage, looking for any possible loophole to deny coverage. As you go through the process of negotiating for coverage, it’s important to understand how the process works – and when you may want to seek intervention with a South Florida property damage lawyer.

The Process for Fort Myers Property Damage Insurance Claims

As you wade into negotiating a Fort Myers property damage insurance claim, it’s important to understand how the claims process works.

In many cases the following process takes place: Continue reading

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Fort Myers injury lawyerDespite warm-and-fuzzy slogans such as “like a good neighbor” and “you’re in good hands,” insurance companies are not, in fact, looking out for your best interests. In fact, adjusters actively pursue every opportunity to minimize or deny claim payouts at every turn possible; most often they are looking out for their shareholders or the interests of the corporation. As Fort Myers injury lawyers, we’ve become closely familiar with all the ways in which insurance adjusters lull claimants into a false sense of security as they seek out the slightest inconsistency that may allow them to cite a coverage exemption or a reduction in payout.

On the other hand, Insurance companies do have a legal responsibility to act in good faith, per F.S. 624.155. Examples of bad faith insurance would be things like unnecessary delays on claims, misrepresentations of coverage, ambiguous policy exclusions, denying valid claims without just cause, or extremely lowballing payouts.

But even when insurers don’t cross the threshold of bad faith, they can still undermine your claim in a number of ways.

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Fort Myers golf cart injury lawyerGolf carts were designed with the goal of making it easier for golfers to efficiently traverse the long stretches on the green. But here in South Florida, they’ve become fairly ubiquitous in residential neighborhoods, with operators ranging from spritely senior citizens to carefree kids as young as 8 or 9. It’s also not uncommon to spot them in mobile home communities, airports, sporting events, or at amusement parks. As a Fort Myers golf cart injury lawyer can explain, the presence of golf carts on Florida roadways has led to an increase of dangerous collisions with cars and pedestrians, as well as tipping and rollovers.

The National Electronic Injury Surveillance System database reports that between 2010 and 2019, there were more than 63,000 reported golf cart injuries in the U.S. The annual figure has risen steady during that time, from about 5,500 in 2010 to more than 6,500 in 2019. Kids under 12 suffered the highest percentage of injuries, with most of those occurring on school campuses or at sporting events. More than 40 percent of reported injuries involved head and neck injuries.

Florida Golf Cart Rules

State law on golf cart operation is spelled out in F.S. 316.212, and stipulates that golf carts can be operated on certain public county roads, municipal streets, and state highways – but only after consideration by local government leaders about whether golf carts can safely travel and cross those thoroughfares. There should also be signs present.

Under current law, operators don’t need a driver’s license (though they should be at least 14). Nor do golf carts need to be licensed or insured like a car. But if a golf cart is allowed to be driven on the road, the operator must obey all traffic laws – including prohibitions on things like careless driving, failure to yield, running a stop sign, improper turning, and driving under the influence. Such actions could be used as evidence of negligence against the operator if his or her actions cause injury to another.

In Southwest Florida, local county and city governments have a patchwork of rules for when and where golf carts can be operated. For example, Lee County ordinance as of 2009 allows golf carts to be operated from sunset to sunset on county roads on Captiva Island. If the cart is equipped with headlights, brake lights, turn signals, and windshields, it may be operated at night. Operators under 17 with a driver’s license can operate golf carts on those roads from 11 p.m. to 6 a.m., but only if they’re accompanied by an over-21 licensed driver; exceptions are made if the youth is going to or from work.

Meanwhile in Cape Coral, golf carts used to be allowed on certain city roads, but city council reversed course last year and banned golf carts on all city streets.

Recently, council members for the City of Fort Myers have been mulling the possibility of allowing golf carts on certain roads. Proponents argue the carts are easy to drive, energy efficient, and convenient. Those opposed to the measure cite the potential dangers. Discussion on the proposal has been tabled for the time being, but if ultimately approved, the ordinance would allow golf carts to be operated on roads with speeds of 35 miles-per-hour or less. Operators would need a valid driver’s license, and all carts would be outfitted with the proper safety lights. Residents and the City of Fort Myers has continued to debate whether or not this is a good idea on the bike paths in and around McGregor Boulevard.

Continue reading

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South Florida Airbnb injury lawyerAirbnb is a household name – a wildly popular online platform for parties arranging vacation stays or experiences. According to insurance comparison site The Zebra, Airbnb has nearly 6 million active listings worldwide, operating in at least 100,000 cities with over 1 billion guests staying at these properties. But what happens if you suffer a Florida Airbnb injury? As our Naples personal injury lawyers can explain, there are some unique aspects of these cases, so it’s important to discuss your rights with a civil trial lawyer who practices in the region where the accident or injury occurred. If you’re hurt in a Florida Airbnb injury, you should be consulting with a Florida injury lawyer.

Recently, a Florida man filed a federal lawsuit in the U.S. District for the Northern District of Georgia against the California-based Airbnb and a pair of its hosts after the man was injured while riding a tree swing on the property. According to Law.com, the man’s premises liability lawsuit alleges the property owners bear responsibility for the property’s maintenance – and that includes the tire swing on site. The property owners installed the tire swing and maintained it, and it was advertised on Airbnb as an amenity that business invitees were enticed to use. Yet, that swing was in “unreasonably dangerous condition,” according to the plaintiff. According to the complaint, the tree limb to which the swing was attached was rotten, fragile, and otherwise incapable of supporting the weight of an adult person. Plaintiff, unaware of this, was using the swing when the branch from which it hung broke, causing him to fall “violently” to the ground, suffering injury to his leg, knee and back. He’s seeking more than $100,000 in compensation for his injuries.

There have been many other reported incidents of Airbnb injuries in recent years. Among these:

  • A 35-year-old Canadian woman died of carbon monoxide poisoning at a Taiwanese Airbnb. The company offered her family $2 million to settle (denying liability by calling it a “humanitarian gesture”), but her family opted to continue with their wrongful death lawsuit.
  • A 37-year-old California man suffered a spinal injury after falling into a pool at an Airbnb home in Cancun.
  • Two teens were killed and several injured at a party thrown at an Airbnb-rented property in Pennsylvania. The incident prompted Airbnb to make permanent its ban on parties at Airbnb rentals (initially a public safety measure at the start of the pandemic).

As property owners making a profit off guest stays at their home, Airbnb hosts are going to be held to a higher legal standard than your typical homeowners. They’ll be viewed more in line with business owners. In Florida, business invitees to a property (those invited for the financial benefit of the property owner) are owed the highest duty of care. That means property owners must take care to regularly inspect the property and address any known or foreseeable safety issues. If such issues aren’t addressed right away, they have a duty to adequately warn guests of a potential hazard. Naples injury lawyer

When someone suffers a Florida Airbnb injury, they may be entitled to collect damages under Airbnb’s Host Protection Insurance. This plan automatically provides Airbnb hosts with $1 million in coverage in the event a guest is hurt while they’re staying at an Airbnb host’s site. Host liability covers hosts if they’re found legally responsible for bodily injury to guests or others. It generally doesn’t cover damages for things like: Continue reading

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South Florida truck accident lawyerLarge truck accidents, frequently resulting in substantial property damage, serious injuries, and fatalities, have a unique set of complicated insurance and liability issues. In fact, collecting financial damages following a Florida truck accident can be much more complicated than a basic car crash crash.

In a single recent year, the U.S. Department of Transportation reported more than 4,100 people died in large truck crashes nationally. Of those, nearly 70 percent were people in other vehicles. Another 15 percent were pedestrians, bicyclists, or motorcyclists. The number of people killed in large truck crashes rose more than 30 percent just from 2009 to 2019.

After a commercial truck accident, it’s imperative to work with an injury lawyer who has extensive experience handling these types of claims. The reality is that pursuing any claim for personal injuries can become complicated rather quickly, but crashes involving commercial vehicles are often even more complex. Continue reading

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Florida car accidentIn late last year, a jury awarded $420,000 to a man who at 17 suffered permanent neck injuries in a South Florida car accident. The case is noteworthy for the fact that it went to trial (more than 212,000 Florida car accident injuries are reported annually, but most claims are settled long before a trial), as well as for the fact it was against the victim’s own insurance company. It illustrates the fact that just because you’re a good customer doesn’t mean your auto insurance company is going to make the claims process easy for you – especially when the stakes are high.

Specifically at issue was something called underinsured motorist (UIM) coverage.

What is Underinsured Motorist Coverage?

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Florida premises liability lawsuitFlorida premises liability law places certain legal responsibilities on property owners to use reasonable care in protecting lawful guests from foreseeable dangers. Trespassers, however, are given very few protections, aside from the duty to avoid willful harm. The primary exception, as our Fort Myers child injury lawyers can explain, is with regard to young children.

It’s called the “attractive nuisance doctrine.” Although trespassers have no right to expect landowners to maintain a safe property on which they can trespass, it’s different for young children. Unlike adults, it’s understood small kids lack the ability to perceive danger or make reasonable judgments about how to protect themselves. Therefore, if there is something dangerous on site that might be interesting to curious youths, landowners have a responsibility to take measures to keep them out and protect them from their own misjudgment.

As noted in the 1990 Florida Supreme Court case of Martinello v. B&P USA Inc., attractive nuisance isn’t a separate cause of action or theory of liability. Instead, it’s a doctrine that imposes a duty on the landowner or occupant to trespassing children that otherwise wouldn’t exist under circumstances of non-liability to trespassers. The exception is spelled out in F.S. 768.075. Continue reading

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Fort Myers injury lawyerOne of the most difficult aspects of recovery from an extended illness or serious injury is the mounting hospital bills. If one’s poor medical condition was the result of another’s carelessness or negligence, these bills might be covered by the at-fault party’s insurer. When it comes to Florida personal injury litigation, medical bill reimbursement is often a key part of any case. It should be understood by plaintiffs, however, that whatever financial recovery you obtain in a settlement for prior medical expenses must usually be repaid to the health care provider, hospital, or insurer that initially covered them. Those entities will often argue that they have a “lien” on your personal injury settlement or verdict. These bills or liens can quickly become complicated matters, resulting in a great hassle – and a potentially much smaller sum of money in your pocket – if you don’t deal with them promptly and properly. As a Fort Myers injury lawyer, I’m familiar with the nebulous tactics used by both insurers and providers in these situations, as well as the ever-shifting policy and precedent. At the time of publishing the Florida Supreme Court has recently invalidated the Lee Memorial Hospital Lien law.

When you bring forth an injury lawsuit, your attorney has an ethical obligation to put forth reasonable effort to resolve any disputes between you (the client) and any third-party lienholders (most commonly hospitals, insurers, and health care providers). Where disputes can’t be resolved, we may recommend depositing the disputed funds into the court registry while the case continues. Sometimes, these situations drag on long enough to prompt litigation over unfair/deceptive billing practices, unfair debt collection practices, overcharging, etc. Such action, however, should be a last resort. Ideally, you’re working with a competent civil injury lawyer who will help you resolve these outstanding claims as soon as possible so you can move on with your life. It’s one of the reasons we strongly urge potential clients to hire injury lawyers with proven experience in this particular field of law, rather than jack-of-all-trade law offices.

Disputing Unreasonable Hospital Bills

The issue of unreasonable medical billing has become an increasingly relevant issue in Florida and across the country. It’s gotten so bad that some individuals and families actively seek care in foreign countries. However, that isn’t a realistic option for most folks.

Hospital charges often have little connection to the actual internal costs of services – or even the amounts they typically negotiate with insurers. In most cases, even when patients are asked to pay the bills in full as charged, it goes unpaid. However, plaintiffs injured in third-party liability situations are among those that may get charged the full amount of the care they receive.

What works in the favor of my Fort Myers injury lawyer clients is the fact that patients are allowed to challenge hospital charges that are unreasonable. Continue reading

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