florida law – Corless Law Group https://corlessbarfield.com Team CLG Litigates High-Stakes Insurance Disputes and Personal Injury Cases Thu, 13 Apr 2023 13:34:37 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://corlessbarfield.com/wp-content/uploads/2020/07/favicon-150x150.png florida law – Corless Law Group https://corlessbarfield.com 32 32 A Reckoning for Florida’s Insurance Industry https://corlessbarfield.com/2023/04/13/a-reckoning-for-floridas-insurance-industry/ https://corlessbarfield.com/2023/04/13/a-reckoning-for-floridas-insurance-industry/#respond Thu, 13 Apr 2023 13:34:34 +0000 https://corlessbarfield.com/?p=5203 Read More...

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Florida Insurers Accused of Altering Hurricane Ian Damage Estimates

The insurance industry in Florida is poised for punishment – be it civil or criminal – as a result of the improper handling of countless Hurricane Ian claims.  Ian caused $115 billion in damage, the second-largest insured loss on record after Hurricane Katrina, according to a report from reinsurer Swiss Re.  Hurricane Ian had the most insurance claims of any hurricane in American History.  What’s more, 4,700 complaints (and counting) have been filed against insurers post-Hurricane Ian.  

What precipitated these complaints?  Some policyholders had their valid property damage claims cut by more than 80%, according to a blistering report by The Washington Post.  These homeowners say that they had received only a small portion of what was covered under their policy.  Other property owners reported seeing altered and manipulated estimates.  In the report, it was uncovered that desk adjusters or supervisors were gutting or rejecting reports of what they saw was credible damage.  There are allegations insurance companies falsely updated claims to reduce payments. 

All of this follows the decision by Governor Ron DeSantis to take away the right of policyholders to recover their attorney’s fees when they are forced to litigate their claims.  This is the case even in claims where the insurance company deliberately withheld benefits, and loses at trial. Florida lawmakers most notably repealed the one-way attorney’s fee provision that has long governed property insurance lawsuits within the state. This provision gave insureds the necessary leverage to fairly engage in disputes with their insurers.

Previously, the insurance company would be held responsible for paying attorney fees if the company wrongfully denied your claim. Under this new law, insurers will no longer be ordered to pay attorney fees even if they improperly denied the claim.

You Need a Property Damage Lawyer to Fight for Your Rights to Coverage

At Corless Law Group we relentlessly fight for the rights of property owners and successfully resolve storm damage insurance claims.  Increased scrutiny and oversight of insurance companies who engage in these duplicitous practices, which harm insurance consumers, is the right path forward.  Insurers who don’t properly handle policyholders’ claims should be slapped with civil or criminal penalties. 

An insurer slashing a valid claim estimate without a factual basis is potential fraud.  Denying, delaying or underpaying a valid claim is bad faith and if the insurance company engaged in this type of prohibited behavior on a consistent basis, it may be grounds for punitive damages and monetary fines.  Additionally, criminal charges could be filed against insurance companies’ officials.

Insurance companies are to blame for the property insurance crisis in Florida due to their failure to expeditiously pay valid claims.  The American Policyholder Association, a nonprofit insurance industry watchdog group, said in a statement that it has found “compelling evidence of what appears to be multiple instances of systematic criminal fraud perpetrated to cheat policyholders out of fair insurance claims.”

It is inappropriate and untenable for Florida lawmakers to continue to protect the insurance industry.  In 2022, Florida Republicans passed laws that insulate property insurers at the expense of homeowners.  If you give insurance companies enough rope, will they hang themselves?  That seems to be the case here as numerous complaints allege that insurance companies or their adjusters doctored claims to underpay property owners who experienced hurricane-related damage. 

Can Insurers Be Held Accountable? 

A bill (SPB 7052) titled “Insurer Accountability” is intended to impose penalties on any insurance companies committing fraud.  It would also prohibit altering insurance adjuster reports.  The bill aims to crack down on fraud and comes with large fine amounts to insurers. 

Accountability is a nice word but does it have teeth?  This bill would increase information-reporting requirements and increase maximum fines for violations by 250% generally and 500% for violations during state emergencies.  Insurance and adjuster licenses can also be suspended or revoked.

For policyholders who experience property damage or property loss stemming from a storm, the nationally recognized litigation law firm of Corless Law Group can assist you in achieving full and fair compensation.  Our clients include individual property owners, business owners, Community Managed Associations, Homeowners Associations, and Licensed Community Association Managers.  We represent residential and commercial property owners throughout the state of Florida.  

It is important to consider how a law firm has handled other cases that are similarly situated to yours, and the type of results their lawyers can deliver.  Corless Law Group has the experience, knowledge, and record-setting results you need to repair or replace damage to your home, business or property.  Call 813-258-4998 for a free consultation.   

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Storm Damage Solutions for Sunshine State Policyholders https://corlessbarfield.com/2022/05/03/storm-damage-solutions-for-sunshine-state-policyholders/ https://corlessbarfield.com/2022/05/03/storm-damage-solutions-for-sunshine-state-policyholders/#respond Tue, 03 May 2022 14:44:43 +0000 https://corlessbarfield.com/?p=5023 Read More...

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The 2022 hurricane season is one month away and with Hurricane Preparedness Week running from May 1 and ending May 7, it’s time to start getting hurricane plans ready so that you can prepare your home, family, and pets for the upcoming season. We recommend that homeowners, business owners, condo owners, HOAs, and renters prepare now.  Make preparedness a priority during the month of May.

During Hurricane Preparedness Week, everyone who lives in a hurricane-prone community should take time to ensure they have adequate legal and financial protection for their property and possessions while also taking steps to make their home or business more resilient to the impacts of storm damage.  The 2022 Atlantic hurricane season begins on June 1 and ends on Nov. 30.  

Predictions from scientists at Colorado State University say there will be at least 19 named storms and nine hurricanes in 2022. An average season normally has 14 named storms.  This year’s storm season is expected to bring above-normal activity.  Storm damage can include wind, flood, fires, mold, lightning, hail, and tornadoes.  

Corless Law Group takes a results-oriented approach to litigating storm damage claims while passionately protecting the rights of residential and commercial property owners.  During Hurricane Preparedness Week, it is important to complete the following: 

  • Determine your risk
  • Develop an evacuation plan
  • Assemble disaster supplies/emergency kit, including food and water to get you through seven days plus a first aid kit and a weather radio with batteries in case the power goes out
  • Collect important documents related to your house, car, and medications
  • Start your insurance review process by reading the declarations page of your policy for details on how much coverage you have, your deductibles, and how a claim will be paid
  • Strengthen and secure your home
  • Keep cash on hand if ATMs and credit card readers are not working or accessible due to hurricanes or related outages

Property owners who pay insurance premiums to make sure they are covered for storm damage are often disappointed when they discover that the process of filing a claim, collecting what they think is owed to them, and getting repairs made satisfactorily is frustrating because their insurance company attempts to delay, deny or underpay valid claims and repairs.  Corless Law Group doesn’t want to see this happen to you so call us at 813-258-4998 for a free, no-obligation consultation.  

The destructive path of hurricanes can reach far beyond the initial storm damage.  Storms can be financially devastating for someone whose home or business has been severely damaged or even completely destroyed.  It is important to understand the elements that might affect your insurance payout after a hurricane, so speak to our experienced property damage claim lawyers.   

We leave no stone unturned and try to provide you with the best possible outcome for your case.  While some property damage claim lawyers focus their practice on specific geographic areas of Florida, Corless Law Group has a track record of successfully litigating insurance disputes throughout the Sunshine State, from the Florida Keys to Daytona and Fort Myers to Tampa.   Florida’s coastal exposure means that when hurricanes hit, a lot of people are negatively impacted, which is why you need a property damage claims attorney fighting for your rights.  If your insurance company refuses to cover the extent of your hurricane damage, talk with an experienced hurricane and property damage attorney at Corless Law Group. 

For each case, I bring 25+ years of litigation experience handling insurance dispute cases.  Our team provides free consultations to review the details of your property damage claim to determine the best path forward.  Contact us at 813-258-4998.  We help Florida policyholders secure full and fair compensation to fix their property and get their lives back on track after hurricanes and other devastating storms. 

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Advantages of Hiring Co-Counsel for Bad Faith & Punitive Damages Legal Work https://corlessbarfield.com/2021/12/13/advantages-of-hiring-co-counsel-for-bad-faith-punitive-damages-legal-work/ https://corlessbarfield.com/2021/12/13/advantages-of-hiring-co-counsel-for-bad-faith-punitive-damages-legal-work/#respond Mon, 13 Dec 2021 14:05:11 +0000 https://corlessbarfield.com/?p=4910 Read More...

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As an elite, boutique law firm focused on securing maximum compensation for clients involved in complex property damage disputes, we are regularly retained by other law firms to provide high-value functions for first party insurance losses in the area of bad faith and punitive damages.  There’s a sea change happening at law firms.  Both Big Law and solo practitioners are outsourcing legal work at breakneck speed.  The coronavirus pandemic has only accelerated this trend with the result being big rewards.  More firms are moving departments outside the firm entirely.  Outsourcing can save law firms millions of dollars in the long run and significantly streamline specialized work. 

The greater the complexity of the loss, the more frequent collaboration and sharing of resources is essential.  Lawyers who seek expertise in cases that compel punitive damages stemming from property insurance disputes should not hesitate to contact us at 813-258-4998.  Our seasoned, skillful insurance lawyers will show you why you need a trial lawyer who can successfully litigate these unique claims.  

A lot of firms can’t produce the same type of quality results when it comes to securing the permission required by the courts to sue insurers for punitive damages when they engage in bad faith practices.  As a result, these firms outsource or co-source the niche work related to litigating bad faith insurance disputes.  It is the best of both worlds.  Our goal is to provide seamless and efficient legal support services so other law firms can focus on their core legal activities.

Trials are fundamental to the administration of justice.  But not every lawyer is a trial lawyer, and not every trial lawyer has experience litigating bad faith cases or getting permission from the courts to sue insurers for lucrative punitive damages.  Repetitive conduct of forcing insureds into discounting or delaying claims by insureds can be challenging to collect and understand.  Examining the conduct of an insurer in multiple jurisdictions over years or even decades requires a strategy.  Many times, a case justifies hiring a data analyst who can gain access to behind-the-scenes activity by an insurer in the public record or through appropriately targeted Freedom of Information Act (“FOIA”) requests.  Only then can you demonstrate the necessary foundation to permit the court to allow you to seek punitive damages against an insurer, under Section 624.155, Florida Statutes, better known as the Florida’s Bad Faith Statute.

This synergistic model allows attorneys to outsource their work to external vendors like us who have subject matter expertise in a particular area of law.  It has become a popular concept for lawyers who are constantly trying to minimize their operating cost and maximize outside counsel’s competencies, putting their track record of success to the best use. 

Think of outsourcing as co-sourcing your legal services.  It is a collaborative process to increase profitability and maximize compensation and damages for the client. When other law firms hire us, they get more experience, better service, better quality, and their bad faith and punitive damage case’s value increases exponentially.  

With more than $500 million achieved in case results, Corless Barfield Trial Group can walk you through successes involving bad faith claims, insurance disputes, and punitive damages.  Turn to a trial lawyer who has the experience investigating and litigating these types of cases.  If you’re ready to speak to a member of our team, we encourage you to call us at 813-258-4998.  We look forward to assisting you. 

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