As a property damage insurance lawyer, clients come to me asking about flood insurance and what their policy covers in order to protect themselves and their families.  A question that I get asked by policyholders is, Do I have flood insurance?  If I do, what does that cover?

Property insurance policies – for both homes and businesses – expressly exclude floods, such that if you want or need this coverage, you have to look elsewhere for help.  The primary source of flood coverage comes from the National Flood Insurance Program (“NFIP”).  The reason insurers exclude flood coverage from traditional property insurance has to do with the scope of the loss caused by these events.  For example, unlike an individual home claim for a fire, floods cause damage to entire neighborhoods, which makes it more difficult for insurers to spread their risk across several properties at the same time.  Even if a tornado hits your neighborhood, it will most likely impact some, but not all, of the structures.  Floods, on the other hand, take out entire areas at the same time.

The reality is that while flood insurance can help people rebuild and recover financially after a catastrophic deluge, very few people in the U.S. have it, and it is limited in available coverage.  In fact, most people whose homes were damaged or destroyed in Kentucky probably won’t be covered, and even if they were, the amount available is limited versus the value of the real estate. 

Under the NFIP, you may purchase the maximum for the value of your home up to $250,000, for the structure, and $100,000 for the contents.  The average price of a home in Kentucky in 2021 was $197,413, which means many homes will only get to a certain threshold before the owners’ responsibility kicks in.  Also, the values are not adjusted by home value; in Florida, where the average is more around $390,000, the NFIP policy gets to the max coverage pretty fast.  While it’s a little better for business structures, which go to $500,000, it would be expected to leave a lot of business owners on their own.

There is litigation over whether water damage is a flood, or if it is caused by other man-made sources.  A broken pipe, for example, can cause the entire home to be flooded, but is not a flood.  Floods are caused by external water that rises with the nearby water.  Corless Law Group represented a homeowner where a water main broke under the foundation, and over the following three weeks, 95,000 gallons of water seeped into the home.  There is a strict legal definition of what constitutes a “flood” and insurers will always aim to interpret the damage to your home or business narrowly so that they can avoid liability.  This is where we can help.  

Corless Law Group is a Large Loss law firm that aggressively advocates on policyholders’ behalf to ensure our clients get the coverage they deserve.  Consulting with a flood damage lawyer may be your only way to recover damages.  Our attorneys have successfully handled many water and flood damage claims.  Call us 365 days a year at 813-258-4998 to schedule your free, no-obligation consultation.  

Our firm has a successful track record of handling hundreds of flood insurance lawsuits.  If you’re a policyholder and you find yourself in a dispute with your insurance company, contact Corless Law Group today to help with your claim.  We have secured more than $500 million in case results for residential and commercial property owners throughout Florida.  There are virtually no other law firms that have the experience, knowledge, and record-setting results like Corless Law Group.  We are your go-to Florida flood insurance law firm. 

Tropical Storm Elsa has lashed the Sunshine State with heavy winds and unrelenting rain bands.  Elsa battered western Florida as it approached landfall along the northern Gulf Coast, threatening coastal flooding, wind damage, and power outages across the state.  Elsa’s center, with sustained winds of 65 mph, made landfall Wednesday morning in Taylor County, Florida.

From Tampa to Tallahassee, Key West to Cedar Key, Sarasota to Ocala, and Jacksonville to Gainesville, Elsa’s strong winds and heavy rains could topple trees and power lines in a region that’s already saturated.  The torrential rains associated with Elsa can cause flooding and substantial water damage to the foundations, exterior structures, and the interior areas of homes.

Once you have secured you and your family’s safety after a storm, one of the next steps is filing a claim for damages with your insurance company.  Homeowners insurance may cover some types of storm damage, including flood damage and wind damage, but it is important for a lawyer to look over the specific details of your policy to help guide you and advise you.   

Although policyholders loyally pay for insurance, the insurance company looks for reasons to pay out as little money as possible, delay or deny valid claims following a storm.  Insurers habitually display bad faith behavior and try to take advantage of policyholders.  

Insurance bad faith is something that every policyholder should be aware of.  It exists when an insurance company fails to honor the fair claim of the insured party or unlawfully mishandles a claim.  If you believe that you are a victim of insurance bad faith on your homeowner policy, our storm damage insurance lawyers can help.  We right the wrongs of the insurance company on your behalf to ensure that you get the compensation you deserve.  Our lawyers successfully litigate bad faith insurance claims.

Leverage the experience and power of our storm damage lawyers.  If your Florida home or business has been damaged because of physical damage, power outages, or loss of business, we can help you navigate your insurance coverage. 

Corless Barfield Trial Group takes on the big insurance companies to get our clients every cent owed to them under their policies.  We have successfully helped insureds seek compensation for repair, replacement, and relocation costs after storm damage.  If you are having difficulty with your insurance company after a natural disaster, call us at 813-258-4998 or email service@corlessbarfield.com.  

With over $500 million recovered for policyholders, allow us to walk you through our case studies involving tropical storm damage and hurricane damage.  Our Tampa-based lawyers serve all of Florida, and aggressively fight to protect the rights of policyholders.  We know how to deal with homeowners’ storm damage claims and Large Loss insurance claims involving multi-unit dwellings, buildings, and businesses.  Securing coverage and maximizing compensation is our firm’s goal for each and every client.  Contact us for a free consultation at 813-258-4998.  

Corless Barfield Trial Group continues its mission to actively give back to the Tampa, Florida community.  As part of our core values, we are devoted to various philanthropic missions and volunteer opportunities.  Recently, CBTG hosted a COVID-19 safe holiday meal for the residents of Rose Harbor Apartments located in the Citrus Park/Carrollwood area of Hillsborough County. 

“We looked outside our front door to see who could use our help.  There are opportunities everywhere in one’s community to do good and help others.  That’s a guiding principle at CBTG,” remarked Ted Corless, Founder and Partner of CBTG.  

In fact, it has been a year of giving for Team CBTG.  Once the coronavirus pandemic hit in March, CBTG donated more than 10,000 KN95 masks through our #MaskMission campaign to those in need.  CBTG’s North Star is to serve those underserved and underrepresented in Tampa and beyond. 

The coronavirus pandemic has impacted the elderly significantly.  On December 22, CBTG teamed with Carrabba’s Italian Grill to serve meals from Carrabba’s Italian Grill to the elderly residents of Rose Harbor Apartments. 

“In this time of need, we are proud to support the most vulnerable populations by safely delivering nourishing meals,” noted Mr. Corless.  “I was thrilled that the crew at Carrabba’s was as enthusiastic as they were about teaming up and taking care of these families in our shared community.”

An enormous debt of gratitude is owed to Carrabba’s Italian Grill (located at 11902 Sheldon Rd, Tampa, Florida) and Bloomin’ Brands, Inc. who worked with Team CBTG to prepare and deliver healthy, tasty, and hot meals to residents.  “We couldn’t have done it without them.  They made this meal mission a soaring success,” exclaimed Mr. Corless.  

The residents, most of them aged 70 and older, feasted on perfectly seasoned pasta, grilled chicken breast, Caesar salad, and assorted fresh vegetables.  “The residents were extremely happy and grateful to CBTG.  They asked, ‘Where can I send a thank you note?’” recounted Mr. Corless. “Comfort food always warms one’s heart and stomach.”

‘Tis the season for giving.  Take care of those in your community. “These people needed fresh, homemade, and nutritious meals.  We talked to the residents and asked them how they were doing.  I think we were able to make their holidays just a bit brighter,” enthused Mr. Corless.

Not only did Team CBTG deliver 100 meals to those most vulnerable individuals, but we were able to contribute to the restaurant industry that has been hit especially hard by the COVID-19 pandemic.  Restaurants have been forced to adapt to a takeout-only climate, with drive-thrus and curbside service.  Where and when you can, please support restaurants.  Tip generously, purchase gift cards, and order takeout or delivery. 

Corless Barfield Trial Group is a high-stakes insurance disputes trial law firm based in Tampa, Florida.  Stay tuned for more information in the coming weeks on the creative, charitable ways we’re giving back to the community. 

In a case styled Sea Island South Condominium IV, Inc. v. Weston Insurance Company, currently set for a jury trial in Pinellas County, Florida, Weston Insurance Company representatives admitted to using adjusters with virtually no experience in handling hurricanes.  On its website, Weston Insurance Company describes itself as being “a focused windstorm specialist.” You would assume an insurer who claims to “specialize” in windstorm events, like hurricanes, would use claim adjusters with at least some degree of hurricane experience. 

Upon receipt of the claim, Weston Insurance Company sent out Patricia Childers a few weeks after the storm.  Ms. Childers testified that before Hurricane Irma, she had never previously adjusted a hurricane loss.  In fact, Ms. Childers was licensed in Michigan but had obtained a temporary, six-month license to adjust losses in Florida.  Unfortunately for insureds, any claim adjuster licensed in one state can apply to Florida for a temporary license, which lasts for only six months, regardless of their experience in dealing with hurricane claims.  Ms. Childers lacked any experience as a general contractor or as an engineer and was instead an experienced workers’ compensation adjuster.

Ms. Childers inspected the property in Clearwater Beach, Florida, in October 2017, and after taking a few photos, she immediately discovered that the loss was well outside her areas of expertise and experience.  “It was beyond my expertise,” she testified, “and I would feel better if my supervisor [Troy Winslow] just took it over.”  After sharing her concerns with Mr. Winslow about her inability to adjust the loss, he decided to take over the file. 

But, for reasons that remain unclear, Weston Insurance Company waited more than seven months until June 2018 before tasking Mr. Winslow to go back to the property to adjust the loss.  Unfortunately for the insured and the insurer, his six month temporary license had expired by the time he went back out.  Spoiler alert:  That’s very bad. 

Under Florida law, no person may be, act as, or advertise or hold himself or herself out to be an insurance adjuster unless the department currently licenses him or her. See Section 626.112(1)(a), Florida Statutes.  Any person who knowingly transacts insurance or otherwise engages in insurance activities in Florida without a license in violation of Florida law commits a felony of the third degree.

This case is set for trial by Ted Corless and Mary Catherine Lamoureux of Team CBTG against Weston Insurance Company for December 14, 2020, in Pinellas County, Florida.  Suppose you are an insured of Weston Insurance Company and had a clam adjusted by Troy Winslow during the timeframe described above. In that case, we’d like to hear from you, as Weston Insurance Company may have been using Mr. Winslow and other unlicensed adjusters in Florida for other claims. Call 813-258-4998 or email us at service@corlessbarfield.com.

Before the season ends, there will be at least 30 named tropical storms and hurricanes, so many they ran out of names and had to change to the Greek alphabet.  Six of these storms reached Category 3 or higher strength.

While late-season storms can come after the warmest waters in the Gulf of Mexico have cooled, their power and danger can be overlooked.  The last time a late-season reached the deadliest peak was in 1998 when Hurricane Mitch reached Category 5 with 1-minute sustained winds of 180 mph.  Before dissipating on November 9, 1998, Hurricane Mitch killed 11,374 people and caused more than $6,000,000,000 in damages to Central America.

Now, Hurricane Iota is headed back to the path followed by Hurricane Mitch.  Hurricane Iota made landfall on the coast of northeastern Nicaragua late Monday night and is expected to bring catastrophic damage to the same part of Central America battered by Hurricane Eta less than two weeks ago. The storm was downgraded to a Category 4 just before making landfall, but the U.S. National Hurricane Center warned that it’s “extremely dangerous.”  Iota had maximum sustained winds of 155 mph, just shy of the 157 mph needed to be a Category 5, the most powerful ranking a hurricane can have.

When clients ask us to describe the danger of a storm of that magnitude, I always make the same comment:  “We do not build buildings to survive Category 5. Period.” Those in the path of a storm must be aware of the catastrophic winds and life-threatening flooding.

Hurricane Eta, the latest storm to strike Florida this year, had winds reaching 150 mph and ended the lives of 178 Central Americans.  Fortunately for Floridians, by the time Hurricane Eta crossed Southwest Florida, it lost strength and resulted in no casualties. 

We remain ready to help those who face the damage and danger caused by hurricanes, tropical storms, tornadoes, and Derecho storms to ensure your insurance company is doing right by your home or business.  Call 813-258-4998 for a free consultation or email us at service@corlessbarfield.com. Be safe out there.

We continue to live in unprecedented times, and as we approach 2021, there remains important questions about how to continue to move forward against our client’s adversaries.  Technological advancements have allowed us as trial lawyers to continue conducting court business and seek maximum compensation for our personal injury and policyholder clients for all accident and property damage claims.

The reality is, many civil jury trials will continue to go virtual for the foreseeable future.  The Florida Supreme Court is trying it out in several places, including Miami and Orlando.  The judge, clerks, attorneys, and jurors all gather in a virtual courtroom, listening to testimony remotely.  Florida courts are exploring various options to keep their dockets running smoothly but big questions remain.

Some courts are moving towards the restoration of in-person proceedings, but those will have a very different look and feel.  For example, only emergency matters, some criminal cases, and critical proceedings have been permitted to be conducted in-person.  Additionally, judges will have to identify metrics to monitor case backlogs and make recommendations on priorities while figuring out which proceedings should continue to be held remotely.

The Tampa Bay area’s circuit and county courts aim to resume having jury trials and grand jury proceedings.  All local courthouses require visitors to undergo basic wellness screenings and temperature checks.  Plans call for jury trials to resume in Hillsborough County starting October 19 and in Pinellas and Pasco counties on October 26. 

In our office’s insurance dispute arena, we are currently set for trials in mid-December, mid-January, and March of 2021.  In federal court, we have just received our first jury trial date for January 11, 2021, in the U.S District Court in the Middle District of Florida.  Whether there are enough jurors available for these trials remain to be seen. 

There will probably be a much higher percentage of no-show jurors after they receive their notices to appear for jury duty.  This is understandable, given that appearing for jury duty when you are already stressed at work raises the burden on each juror.

Suppose you receive a notice to appear for jury duty. In that case, if you have a material reason why you cannot serve, it is imperative you contact the court administrator and plead your case.  Do not be surprised if they listen but then tell you to show up anyway.  Then, at the initial conference in the courthouse, you can explain to the judge why you should be excused. 

Courts may consider whether you are responsible for another person (child care, elder care, etc.) but the excuse, “my boss won’t like me missing work” probably won’t persuade the judge, as the judge may then offer to call your boss and tell them the importance of this civic duty.  When judges make the offer to “call your boss,” most people decline and accept their fate for the week they will miss work.  If you must serve, it is against the law for your boss to fire you for that reason, but we all know, in a smaller work environment, it does not mean you won’t get pressured by your boss to attempt to avoid it. 

There are specific segments of the population who have been disproportionately impacted by coronavirus.  Reports show a higher percentage of people of color get COVID-19.  Much of this is believed to be because more African Americans than Caucasians have no choice whether to work from home or return to the workplace, where they have more regular exposure to the public. 

The new normal of civil jury trials raise questions about fairness, safety, and due process in a court system that, like everything else, is affected by the coronavirus.  There is substantial data to suggest that the juries selected during the pandemic would be less diverse and not truly representative of a jury of one’s peers. Our law firm intends to be extra vigilant on this point and protect our clients’ interests, even if it means delaying any trial. 

Corless Barfield Trial Group is here to answer your questions about personal injury and property damage cases, and how the COVID pandemic may impact the court system or your access to justice.  Call us anytime at 813-258-4998.

In a case styled Bingham v. Tower Hill Preferred Insurance Company, the Court on September 1, 2020 granted Elise Bingham’s motion for leave to seek punitive damages in a loss occurring on November 11, 2010 for sinkhole damage.  Despite the fact Tower Hill Preferred Insurance Company (“Tower Hill”) was aware an engineering firm had confirmed damage to the policyholder’s home as being caused by sinkhole activity, Tower Hill spent more than four years defending the claim and refusing benefits to Elise Bingham (“Mrs. Bingham”).  As more fully detailed in the Third Amended Complaint, after abandoning its defenses on November 4, 2014, on the eve of trial, Tower Hill was sued for “bad faith” under Section 624.155, Florida Statutes.  

During its multilayered investigation of the insurer’s bad faith practices, Corless Barfield Trial Group discovered more than 30 other insureds who faced the same allegations and tactics taken against Mrs. Bingham by Tower Hill.  These included the use of spurious allegations of concealment and fraud, despite the fact Mrs. Bingham provided all documents requested and information sought by Tower Hill in its adjustment of the claim.  Additionally, Tower Hill used a formula for assessing the amount due, rather than basing its claims offers on the undisputed amount of the damages, which exceeded Mrs. Bingham’s policy limits.  

Without making any factual findings, the Court ruled that Corless Barfield Trial Group had sufficiently documented evidence of a potential general business practice, as set forth under Section 624.155(4), establishing bad faith on the part of the insurer.  A copy of the Complaint detailing Mrs. Bingham’s theories and supporting evidence can be read here. 

At the hearing on the motion to add punitive damages, Corless Barfield Trial Group presented evidence of similar conduct in other claims, as well as the willful and wanton denial of benefits, which the Court found to be sufficient to permit Mrs. Bingham to now seek punitive damages against Tower Hill. 

Tower Hill continues to deny wrongdoing and disputes any allegations of a general business practice to deprive any insureds of benefits due.  A copy of Tower Hill’s answer to the Third Amended Complaint can be reviewed here. 

“Some cases compel juries to award significant punitive damages in order to send a message to the insurance company to stop its illegal practices and change the way it does business.  This is one such case that has the potential to become a real-life nightmare for Tower Hill,” states Ted Corless, Esq.

“Time and again, Tower Hill failed to investigate Mrs. Bingham’s claim properly. Time and again, Tower Hill made false statements, took actions to leverage her to accept less than what was due to her.  We hope that through this next phase of legal action, we can bring the truth to light, create accountability for Tower Hill’s wrongdoing, and help prevent such financial and emotional misery from happening to anyone else,” notes Ted Corless.  

Practically from the start, Tower Hill did not follow its own policies and procedures resulting in Mrs. Bingham’s claim being seriously compromised.  Thankfully, the law provides a recourse.  Florida law permits insureds to seek punitive damages against an insurance company after establishing by evidence in the record that the violation of the insured’s rights occurred with such frequency as to indicate a “general business practice.”  See Section 624.155(4). 

The process for seeking punitive damages obligates the insured to make a “proffer” of evidence into the record to support the existence of general business practice to not only act against the insureds in a “willful or wanton” manner but also that other, similarly situated insureds suffered the same fate. 

Under the law, the court serves as “gatekeeper” to assess the evidence proffered by the insured as to why punitive damages should be sought against the insurer.  This is mainly due to protect insurance companies from both the cost of such claims and the existential threat to any insurance company’s existence.  In its consideration of the proffer, courts do not determine whether punitive damages should be paid, but instead focus on whether an insured has demonstrated a basis to seek recovery of such damages when presented to a jury. 

Insurers have a substantive right not to face punitive damages unless a court has found that an insured’s theory and proffer meet its threshold.  In this case, the Court unmistakably held that Tower Hill can face punitive damages. 

Corless Barfield Trial Group seeks any further information as to the allegations in the Complaint.  If you are insured with Tower Hill or were insured under any of the policies sold under the Tower Hill Insurance brand, and you believe that you have suffered a similar fate as described in the Complaint, we’d appreciate the opportunity to discuss these matters with you.  You are encouraged to contact us about this investigation and your legal rights and options by calling 813-258-4998 (Ted Corless, Esq.) or emailing service@corlessbarfield.com.  All communications remain confidential.  

For information about Corless Barfield Trial Group’s success, click here.

About Corless Barfield Trial Group 

Corless Barfield Trial Group, a nationally recognized high-stakes insurance dispute law firm, has over 75 years of combined experience in the area of insurance law.  Founded in 2012 by Ted Corless, the firm has recovered more than $500 million for policyholders and personal injury clients throughout Florida.  Ted Corless has more than 25 years of experience in federal and state courts, and he has represented owners of multi-unit dwellings, property managers, homeowners, Homeowners Associations, Community Association Managers, and Licensed Community Association Managers in more than 50 jury trials.  Specializing in insurance disputes and personal injury law, Corless Barfield Trial Group differentiates itself with deep legal expertise, a mastery of technology in the courtroom, and a compelling manner of storytelling. 

URL: corlessbarfield.com

What does a Condo Association do when a severe storm destroys property? What if the storm caused more than $6 million in business interruption losses? Does the Association have the ability to keep their business online? What if they are stuck in an interminable claims process with the insurance company? This scenario happened to one of Corless Barfield Trial Group’s clients, and we are suing the insurance company for significant business interruption loss and bad faith damages.  

For many commercial property owners, Hurricane Matthew in 2016 was a game-changing storm that caused significant interruption of their operations. Specifically, many Condo Associations that own units, which are rented out to the public, had trouble getting back online and staying financially sound. Unfortunately, many insurers slow rolled their claims evaluations, and took too long to assess the damages and provide indemnity payments for repairs. Then, a year later, enter Hurricane Irma, which struck many of the same properties that were more vulnerable to the impact of wind and water. Had insurers acted timely and fairly from the start, policyholders would have been able to recover sooner and suffered less in the interruption of their businesses.

Business Interruption Loss – Defined

The lifeblood of every business is generating revenue, and getting your property back up after a natural disaster strikes. This requires skilled legal counsel who understand business interruption insurance and the insurance industry. Corless Barfield Trial Group is recognized as a leader in handling sophisticated Large Loss insurance claims and business interruption insurance matters.

We have dedicated our law practice to helping Property Owners, HOAs, Condo Associations, Community Management Associations, and Licensed Community Association Managers maximize their recoveries when business interruption losses occur.

A business interruption loss claim requires an extensive analysis of business and financial records. Our attorneys have an advanced understanding of how insurance companies handle these complex claims, and we work closely with financial professionals and forensic accountants.

Business Interruption Insurance – Policy Limits vs. Bad Faith Damages

Business interruption cases involve protecting a policyholder against financial losses due to a business interruption. Business interruption insurance policies generally provide coverage for lost income and related costs in the event that one’s business is unable to operate. Almost all coverage for business interruption loss is limited in the amount recoverable by insureds. But what if the delays associated with Hurricane Matthew, for example, took much longer than they should have, significantly worsening the delay?

Business interruption coverage may replace your lost revenues and cover extra expenses associated with temporarily relocating your business during repairs. If there is a covered business interruption loss, this type of coverage will compensate the insured for ongoing operating expenses, lost income, costs associated with repair, and any other additional costs that result from bringing back normal business activities.

For damages arising from long delays caused by the failure of the insurance company to properly assess and cover the damages, insureds are not limited to obtaining just the amount of business interruption coverage, but can seek “bad faith” damages, under Florida Statute Section 624.155.

In some cases involving CBTG clients, insurers would assess the damages as being under the deductible, only to lose at appraisal for multiples of what their original assessment was at the time of the loss. For example, one multi-unit Condo Association was told by their insurer the damages were $225,000, which was less than their $500,000 deductible. After going through appraisal, the Appraisal Panel awarded $3,600,000, or more than 13.5 times the amount estimated by the insurer. In that case, the additional loss of revenue from the business interruption became part of the damages sought in the subsequent bad faith lawsuit.

Corless Barfield Trial Group are policyholder advocate lawyers. Hiring our skilled Florida insurance dispute lawyers means demanding compensation for all aspects of one’s business that are affected by property damage. If your insurance company is giving you a hard time about coverage for your property damage, call us at 813-258-4998.