The property insurance market is going up in flames.  State Farm is the largest property insurance company in the nation. The climate crisis is becoming a financial crisis, especially for Californians and Floridians.  Numerous studies show climate change increases the frequency and severity of extreme weather events, including widespread wildfires and storms that reach major hurricane status of Category 3 or above.  Over the past five years, wildfires have destroyed 25,000 homes in the state; in 2018, the most devastating year on record, Californians filed $11.7 billion in wildfire-related claims. 

State Farm’s decision in California is the latest development in what has been a growing trend in the property insurance industry nationwide, namely, insurance companies dropping homeowners.  Major insurers are backing out of new home policies in California.  Citing rising costs from raging wildfires and skyrocketing repairs, both State Farm and Allstate insurance companies say they are no longer offering home or business property insurance for new customers in California.   

You’re in good hands with Allstate?  Maybe not.  Allstate quietly stopped issuing new policies in California months ago, but didn’t announce the move until last week.  Allstate joined State Farm in deciding to halt sales of property and casualty coverage to new customers in California, saying it’s too pricey to underwrite policies in the state because of natural disasters.  Allstate was the fourth-largest insurer in California, according to the most recent 2021 state data. It earned $4.3 billion in premiums that year and incurred $2.6 billion in losses. 

In Florida, the state continues to investigate insurance companies underpaying policyholders and doctoring reports.  Dozens of property insurance companies in Florida have either entered receivership in the last few years, meaning they don’t have enough funding to pay out claims, or pulled out of Florida altogether and stopped insuring Florida homes. 

What happened in Florida was a harbinger for the rest of the U.S. Florida was a trailblazer, waiting too long to regulate an insurance industry in which companies cut back on homeowner policies and engaged in fraudulent, bad faith practices.  From coast-to-coast, insurance companies plundered profits and shortchanged policyholders.  The homeowner’s insurance crisis in Florida is a regulatory failure.  Had the market been properly regulated by the government and lawmakers, bad faith practices would have been halted.

As the hurricane season starts, the shaky property insurance market continues to plague Florida homeowners.  This is why anytime you experience property damage to your home or business, you should speak with an experienced and knowledgeable property damage trial lawyer.  At Corless Law Group, we make sure the insurance company does not take advantage of your predicament and offer a low settlement or delay and then deny the claim.  

These climate change crises can be curbed and the collapsing home insurance markets can be saved.  The insurance industry must be regulated, and government oversight will contribute to more fairness for all. 

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. 

Take Me Out to the Ballgame 

All 30 MLB teams, the baseball commissioner’s office, MLB’s digital and streaming services, MLB Network, and Tickets.com have collectively sued their insurance providers, citing massive property damage and “time element” losses that the clubs and their affiliates have experienced due to the pandemic, according to the lawsuit filed in Alameda County, California. 

The lawsuit filed in October by MLB alleges that providers AIG, Factory Mutual, and Interstate Fire and Casualty Company have refused to pay claims made by MLB despite the league’s “all-risk” policy purchases.   

“Baseball paid millions of dollars in premiums year after year because it deliberately bought broad, more protective coverage” the lawsuit states, but the insurance companies “have very publicly refused to live up to their contractual obligation to pay what they promised.”  

Unfortunately, this is an all-too-common story concerning the insurance industry.  In fact, it’s why our law firm takes particular pleasure in successfully suing insurance companies who wrongfully and in bad faith refuse to cover valid claims. 

Let’s Play Ball 

In the era of COVID-19, homeowners and business owners must hire a law firm that aggressively seeks remedies for one’s home or business losses.  Homeowners and business owners are required to carry insurance policies that protect them when disaster strikes. The most common claims involve disasters such as floods, hail, wind, fire, sinkholes, and tornadoes.  

Corless Barfield Trial Group is a nationally recognized insurance law firm with the skill, experience, and resources to successfully fight insurers in court.  CBTG is committed to ensuring that insurers are held accountable for insuring property damage and business interruption losses.  To schedule a free consultation with CBTG, call 813-258-4998 or email service@corlessbarfield.com.  

Play Every Game Like Its Game 7 

The MLB lawsuit is an important case study because it illustrates the types of COVID-related insurance claims we’re seeing more frequently in court.  

MLB likely lost billions of dollars on unsold tickets, hundreds of millions on concessions, tens of millions on parking, and many more millions on suites and luxury seat licenses, merchandise sales, and corporate sponsorship.  It cites in its lawsuit over a billion dollars in local and national media losses, plus tens of millions in missed income for MLB Advanced Media.  It says all of those losses should be covered by their insurance policies.

Swing for the Fences

You’ve got to be in it to win it, and our goal is always the same: protect insureds from the wrongful denial of insurance coverage for losses.  CBTG trial lawyers will review your insurance policy and identify whether your policy provides coverage and what stated exclusions are named in the policy.  We will then gather the necessary documentation needed to substantiate and submit your claim.  

One of the minor league cases, filed in Arizona and led by the Chattanooga Lookouts, a Class AA minor-league affiliate of MLB’s Cincinnati Reds, has been dismissed due to a virus exclusion in the policy.  

However, a Missouri federal judge ruled jurors should be able to decide if Cincinnati Financial Corp. should pick up the tab for coronavirus losses claimed by a group of restaurants and hair salons under an “all-risk” policy.  (This is the same type of “all-risk” policy language used in support of the league’s lawsuit.)  The judge said the virus made their properties “unsafe and unusable, resulting in direct physical loss to the premises and property.”

Insurers have insisted that financial losses caused by the coronavirus do not constitute physical loss or property damage.  MLB is claiming that the virus has led to both.  

We’re in a League All Our Own

Right now, many insurance providers are engaging in widespread bad faith behavior by denying coverage to insureds who should be protected under their policies.  Our insurance lawyers will vigorously advocate for insureds and their right to coverage. 

By reviewing your policy in-depth and determining your legal options, we’ll help you understand your options and find a clear path forward.  We assist clients in getting the compensation they bargained for under their insurance policy.   Call CBTG at 813-258-4998.

Northwestern Mutual denied a life insurance claim, alleging that the decedent, Desmond Staple, took his own life, voiding a $1,000,000 life insurance policy.  Mr. Staple was found unconscious in his car in the middle of the afternoon in a Walmart parking lot with strong doses of acetaminophen and aspirin in his blood stream.  While Northwestern Mutual denies the claim and alleges suicide, Vernard Adams, MD, the former Chief Medical Examiner of Hillsborough County for 21 years, concluded that Mr. Staple’s death was the result of an accident. 

The parties are now being asked to make their case and any defenses remotely, via Zoom.  Courts, counsel, and clients have had to quickly adapt to new rules and policies for conducting legal proceedings remotely. 

CBTG Leverages Technology for Litigation Success 

Ongoing spikes of COVID-19 cases mean trials will look and feel different for the foreseeable future.  CBTG has been studying how the use of Zoom affects jury selection, jury behavior, motion hearings, sidebar conferences, evidentiary proceedings, trial testimony, and how our adversaries act. 

There are technology tools that CBTG utilizes to help clients – insureds and personal injury victims – proceed with cases in-person or virtually.  CBTG will gladly explain these options for in-person and Zoom trials.  Call us at 813-258-4998. 

Practice Makes Perfect

CBTG has prepared, practiced, and participated in a number of remote jury trials with tremendous success.  Preparation for a virtual or hybrid trial differs from an in-person trial.  We have learned that we can achieve efficiencies without sacrificing the persuasiveness and toughness for which we are nationally recognized.   

Team CBTG is constantly evaluating the impact of technology on witness credibility; best practices for examining witnesses; employing data-heavy science, medicine, and structural engineering reports; and presenting powerful exhibit displays or compelling demonstrations. Practice makes perfect, and CBTG practices and tests the impact of remotely trying cases a lot. 

Zoom Justice 

Court hearings on Zoom during COVID-19 can be challenging if you have not conquered video conferencing.  Our litigators, jury consultants, and appellate lawyers know the opportunities that exist with remote trials while being mindful of security and confidentiality concerns. 

We have noticed some law firms improvise with the new technology and courtroom proceedings.  That isn’t CBTG’s style or methodology.  

CBTG’s goal is to always achieve highly favorable outcomes for our clients at trial; that’s why we’re a trial law firm.  With regularity, we try and win cases. 

In fact, there is a reason why CBTG has a state-of-the-art recording studio in Tampa, FL.  We have embraced technology with unparalleled success.  If you build it, they will come. 

Not many law firms work closely with technologists, technical support specialists, and engineers to understand best practices of how to use camera angles, connectivity, and audio and video equipment to maximize victories in a virtual courtroom.  We do. 

Resilient or Resistant? 

The legal profession is filled with a variety of people with a range of talents and abilities.  Some lawyers are excellent with technology, and some are slowly learning or remain totally resistant to change.  Being skilled with technology is an unbeatable advantage in a remote courtroom. 

As we navigate the pandemic, our law firm has rapidly evolved to ensure that we are able to effectively use technology.  We aggressively pursue each client’s rights and interests. 

The trial lawyers at CBTG are available to discuss these issues further.  We can answer your questions about remote court hearings and trials or any other questions you have regarding insurance disputes, property damage cases, and personal injury law in Florida.  Find out how our firsthand knowledge of the law and technology can significantly benefit you.  Telephone: 813-258-4998.  Email: service@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.

Coronavirus has incentivized people who have put off the decision to make the jump and get life insurance coverage. Life insurance policies are important financial safeguards for families throughout Florida.

Nowadays, policyholders ask us, will insurance pay out for deaths from COVID-19? How will my application be viewed if there’s a dispute? How will my policy be interpreted? How does the process work to get underwritten for life insurance with coronavirus? Is coronavirus excluded under life insurance policies?

As coronavirus spreads and daily life becomes more uncertain, life insurance applications and policy sales are going up. COVID-19 has become a catalyst for people who normally put off life insurance decisions. Everyone from millennials to Baby Boomers are jumping on the bandwagon. However, beware when answering questions for any life insurance application. Insurance companies are looking for reasons to flip your policy if it is due to pay off.

You should know that life insurance companies often refuse to pay their policy benefits when a policyholder passes away. Claims are disputed or denied regularly. The amount of money withheld each year, several hundred million dollars, has continued to climb.

If you or a family member is having a dispute with a life insurance company after a family member has passed, an experienced lawyer can help. Insurers must be held accountable. A lawyer can assist you in recovering insurance benefits legally owed to you.

When you purchase life insurance, you may initially feel comfort knowing that you’ve made a decision to provide for your family after your death. What you may not consider is that in signing this contract, some insurance companies will try to deny your claim. They have expert legal advisers on hand to interpret life insurance policies in the company’s favor. Corless Barfield Trial Group is here to help you recover the death benefits that are rightfully yours.

An insurance company’s goal is to bring in as much money as possible while paying out as little as possible. They may look to delay or deny your claim based on contract terms and exclusions under the policy. For example, possible life insurance exclusions include:

• Act of war
• Suicide
• Alcohol and drug use
• Dangerous activity
• Illegal activity
• Material misrepresentation
• Misstatement of age
• The contestable period

Another trend that we are seeing in the age of coronavirus is some insurance carriers have begun adding exclusionary riders on new policies to avoid paying out on COVID-19 deaths. An exclusion rider could become an industry standard if the morbidity rate causes carriers to experience significant financial losses due to an unexpected and unsustainable claims rate. Insurers might increase premiums in the future as many are suffering losses on their investments amid the sharp declines in financial markets.

It’s a brave new world, and you deserve to have the best lawyers working on your life insurance dispute. Remember, insurance companies are always looking to get out of paying a valid claim. Their job is to make money, and they make less money or no money if they pay out life insurance claims. Call Corless Barfield Trial Group 24/7 at 813-258-4998 to discuss your life insurance policy. The consultation is free.

Repealing PIP, a state study found, could save Floridians $81 per car per year, nearly $1 billion collectively. Lawmakers for years have debated whether to get rid of the PIP system, which requires motorists to carry $10,000 in PIP coverage to help pay medical bills after accidents.

Floridians pay the nation’s third-highest car insurance rates despite state roads being relatively straight, flat, and snow/ice-free. 

PIP repeal bills are working through committees, with sponsors citing tweaks that make them more appealing to insurers, physicians, and hospitals that have vigorously opposed past reform attempts.

The proposal, at least for now, appears stalled in the Senate over a proposed amendment designed to restrict “bad faith” lawsuits, which involve allegations that insurers have not properly looked out for the interests of their customers (policyholders).  

Unfortunately, insurers regularly engage in bad faith behavior and practices.  Accident victims and policyholders must have a mechanism to hold bad faith insurers accountable. 

The law states that your insurance company must treat you fairly and honestly when evaluating the validity of your claim, and settle claims against you if it can do so within the coverage limit.  

If you are currently facing problems with your insurance company, you should get in touch with the insurance claim attorneys at Corless Barfield Trial Group.  Insurers look to delay, deny or underpay valid personal injury and property damage claims all the time. We will help you fight back against an insurer’s illegal tactics.  Please call our office at 813-258-4998 for a free and confidential case evaluation. 

Insurance companies are expected to act in “good faith” when resolving, examining, and settling claims made against their policyholders. Yet in many situations, insurance companies act in defiance of the law, which is why you need an attorney representing your rights. 

What type of activity illustrates bad faith? The following actions on the part of your insurance company may serve as the basis for prohibited bad faith conduct:

• fails to pay or settle a claim within policy limits without a reasonable basis; 
• fails to properly and promptly investigate or defend a claim; 
• fails to provide justification for denying a claim; 
• offers inconsistent or baseless interpretations of the policy; 
• uses deceptive practices or intentional misrepresentations to avoid paying claims; 
• terminates a claim that should have been paid; or 
• fails to offer the full value of a claim’s worth, or giving an unreasonably low offer to compensate damages.

It should come as no surprise that insurers have sought for years to put more restrictions on bad faith lawsuits and have attempted to tie it to no-fault auto insurance, as they are doing here when it comes to repealing PIP coverage. 

Corless Barfield Trial Group has secured record-setting judgments against insurance companies that refused to protect their insureds by properly evaluating the claims against them.  Our attorneys have successfully tried countless bad faith claims. Our goal as personal injury and property damage lawyers is to ensure the insurance company does not wrongfully deny your claim for full and just compensation. For your no-obligation, case consultation, call Corless Barfield at 813-258-4998. 

EYE OF THE STORM.  Washington is thousands of miles away from Florida but even the governor of the Evergreen State understands the precipitous times Floridians are living in when it comes to hurricanes. How do you maximize recovery after a hurricane or other type of severe storm to ensure your family, property, and business is taken care of?  Policyholders have a right to receive the full benefits under their insurance policy. 

Hurricanes cause tremendous damage to residential and commercial properties. Property owners face resistance by insurance companies that are determined to deny or delay claims as well as minimize payments.  Corless Barfield Trial Group’s goal is to provide quality legal services for Florida homeowners, business owners, Board of Directors for Community Managed Associations, Homeowners Associations, and other kinds of multi-unit dwellings that have experienced property damage due to a storm. 

LEGAL EAGLES.  Our attorneys successfully handle property damage claims, and they are happy to speak with you for free and answer your questions.  Contact us now at 813-258-4998. Do not wait to retain an aggressive, strategically-focused attorney to represent you and your rights.

Our compassionate and knowledgeable Florida property damage attorneys have helped residents secure the full and fair compensation they need to fix their homes and get their lives back on track after hurricanes and other devastating storms.  The attorneys at the firm of Corless Barfield Trial Group can help you solve your hurricane or storm property damage crisis. 

SUNSHINE STATE SOLUTIONS. Florida is no stranger to hurricanes, and countless times our residents have seen their homes, businesses, and properties ravaged by these forceful storms. Our Tampa-based law firm prides itself on the ability to provide clients throughout the state of Florida with unsurpassed legal representation and responsiveness.  

Insurance companies make a profit for their investors when they receive more in premiums than they pay out in claims. Insurers have an incentive to pay as little as possible to Florida policyholders when they file claims for property damage. 

MONEYBALL. You’ve got to be a baller lawyer in this industry to aggressively and triumphantly fight insurance companies on behalf of policyholder clients.  Our Florida property insurance claims lawyers have extensive experience helping clients demand full and fair compensation for hurricane and severe storm damage.

“Yes, a dark time passed over this land, but now there is something like light,” observed award-winning author Dave Eggers after Hurricane Katrina.  Corless Barfield Trial Group seeks to be that light for clients in times of darkness. Corless Barfield Trial Group has handled hundreds of property damage cases and collected hundreds of millions of dollars for policyholders. 

Contact us today at 813-258-4998 for a free consultation from one of our experienced hurricane and storm damage attorneys. 

The proposal would eliminate the $10,000 no-fault coverage in 2018 while mandating motorists get at least $25,000 in coverage for bodily injury or death and $50,000 for bodily injury or death of two or more people.

Florida drivers are only required to carry personal injury protection of at least $10,000 to pay for medical benefits after an accident.  But the people pushing for House Bill 1063, i.e., the insurance industry, suggest $10,000 isn’t enough when health care costs are rising.

Abandoning no-fault for bodily injury, which provides coverage if motorists cause accidents that hurt someone else, would put more questions of medical coverage into the courts, as injured parties would seek to recoup expenses from at-fault drivers.

More than 90 percent of motorists have PIP and some form of bodily-injury coverage, which is why most motorists would be projected to see a savings from eliminating no-fault with HB 1063. However, the change could negatively impact health care premiums.

Since 2015, rates have gone up 25.7 percent. Meanwhile, all liability coverage has gone up 23.4 percent the past two years. The increases are due to rises in medical care, costs of vehicle body work, people driving more, and an increase in distracted drivers. How much you save depends on whom you are, how much you drive, and how many cars you insure.

Lawmakers supporting the bill predict the average driver will save about $81 a year for each vehicle they insure, but critics forecast costs will ultimately increase later. The costs would rise higher in Tampa Bay. In Hillsborough County, getting car insurance would cost $308 more on average for those who have the bare minimum now, according to a statewide report commissioned by the state’s Office of Insurance Regulation. In Pinellas, that would become a $385 annual increase. Rates vary depending on a county’s traffic density, percentage of uninsured drivers, and accident rates.

Currently, drivers and passengers get car damages and PIP paid for up to $10,000, no matter who is at fault in an accident. Drivers have to pay an additional cost to insurance companies to pay for bodily injuries, which cover them if they are at fault. The insurance industry is pushing to scrap PIP and instead require all motorists to carry coverage that includes bodily injury if they are at fault.

HB 1063 is now moving through the state legislature, which calls for eliminating Florida’s no-fault insurance plan. Consult a Corless Barfield Trial Group attorney to understand changes to automobile insurance policies and learn about your rights by calling 813-258-4998 if you are involved in a motor vehicle accident.