FLORIDA LAWYER

OVERVIEW: Residential insurance provides coverage for residential homes. Residential coverage may cover property damage due to flood, fire, or windstorm. Residential insurance also may be purchased for liability coverage for damages or injuries that may occur on the premises of the property.

Frequently coverage disputes arise as to whether a particular damage is excluded under the policy. For example, while some policies will water damages they will also at the same time specifically exclude water damage as a result of "bursting pipes". It is therefore very important to review your insurance policy exclusions so that you understand exactly what is and what is not covered. Likewise, coverage disputes frequently arise as to the character and/or extent of the damage. It is important to have a current appraisal of your home and/or an inspection report at the time of purchasing the insurance to justify your position that the claimed damages were not preexisting. Coverage may also be denied if your claim is not timely made, you failed to give the insurance company an opportunity to inspect, or you failed to mitigate your damages (make temporary repairs to prevent further damage).

KEY BENEFITS: Resolution of all first and third party residential insurance claims. Analysis of policy conditions, exclusions, adjuster's reports, and contractor estimates. Pursuit of breach of contract and declaratory actions for residential insurance coverage, bad faith actions, and petitions for appraisal.

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International Risk Management Institute


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