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    <title type="text">Dicus Burke &amp; Lewis, PLLC</title>
    <subtitle type="text">Dicus Burke &#38; Lewis, PLLC</subtitle>

    <updated>2025-10-10T04:02:13Z</updated>

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            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Hurricane Helene]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2024/09/hurricane-helene/" />
            <id>https://www.dicusburkelaw.com/?p=46970</id>
            <updated>2024-10-01T17:04:33Z</updated>
            <published>2024-10-01T00:14:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Preserving your Hurricane Helene Insurance Claims It is peak season in Florida for hurricanes, and we just suffered the devastating impact of Hurricane Helene, a storm of historic proportions. Coastal and inland regions from as far south as the Florida Keys, up the Gulf Coast all the way to Panama City and even further west, are all feeling the destructive…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2024/09/hurricane-helene/"><![CDATA[<img class="aligncenter" style="width: 250px; margin-bottom: 150px;" src="/wp-content/uploads/sites/1401167/2023/10/cropped-cropped-DBL_FAV.png" alt="Dicus Burke &amp; Lewis Pllc Attorneys At Law" />

<img class="aligncenter" src="/wp-content/uploads/sites/1401167/2024/09/image-3.png" alt="Photographs of Hurricane Damaged Homes and Businesses " />
<h2><strong><u>Preserving your Hurricane Helene Insurance Claims</u></strong></h2>
It is peak season in Florida for hurricanes, and <strong>we just suffered the devastating impact of Hurricane Helene</strong>, a storm of historic proportions. Coastal and inland regions from as far south as the Florida Keys, up the Gulf Coast all the way to Panama City and even further west, are all feeling the destructive impacts of this powerful Category 4 Hurricane. Interior regions near Hurricane Helene’s eyewall upon landfall and North, including but not limited to, Perry, Tallahassee, Cedar Key, Chiefland, and Steinhatchee, took the brunt of Helene’s fury, though the impact of this massive storm affected almost all of Florida, including our home town here in Tampa Bay.

Many of us are finding our homes and businesses flooded, roofs and exteriors damaged by wind and impacts from windblown debris, and water from wind-driven rain having intruded into our homes and businesses destroying our interiors and personal effects. <strong>Your number one priority in this difficult time is assuring your family, friends, and neighbors are safe and secure. Then comes the repair/restoration process, including the harrowing task of navigating the dreaded insurance claims process</strong>.

Sadly, following such disasters, some insurance companies make it difficult for homeowners and business owners to receive the full value of their insurance claims. They may deny claims that should be paid, intentionally delay payment, or underpay claims. These tactics only add to the stress and hardship you are currently experiencing. <strong>Thus, it is crucial in times like these that you do everything in your power to preserve your insurance claims, so that you can get back on your feet and back to normal as expeditiously as possible.</strong>

<strong>Our law firm, DICUS BURKE &amp; LEWIS, PLLC</strong><em> <strong><a href="/contact/" data-wpel-link="internal">Contact</a></strong></em><strong>, is here to help the victims of Hurricane Helene navigate your insurance claim, and the many hurdles to coverage your insurance company will lay before you. </strong>

Here are some tips to assist you to preserve your insurance claims before, during, and after your Hurricane Helene claims are reported:
<h3><strong><u>1. Promptly Report your Hurricane Helene Insurance Claim</u></strong></h3>
Most, if not all, insurance policies in Florida, make promptly reporting your claim a pre-condition to coverage. Therefore, <strong>it is paramount that as soon as you become aware that you have damage, no matter the known extent of the damage, that you report the damage to your insurance carrier.</strong> Further, Florida Laws have changed in recent years to make it more difficult for homeowners and business owners to report insurance claims in Florida. For instance, <strong>Fla. Stat. § 627.70132 bars all new and re-opened claims that are not reported within one (1) year after the date the loss occurred. All supplemental claims must be reported within 18 months of the date the loss occurred or else those claims too are barred</strong>. <strong><em><u>For Hurricane Helene claims, this means all new claims and requests to re-open an existing claim, must be made within one year of Hurricane Helene first making landfall on September 26, 2024, or else the claim is time barred</u></em></strong>, and you will not be able to recoup the money you are owed for your loss.

For assistance reporting your Hurricane Helene insurance claims, making a supplemental claim, or requesting a previously reported claim be re-opened, <strong>contact DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>, for a free evaluation of your claim, and to gain a steadfast partner who will work directly with your insurance company to recover for you the full benefits to which you are entitled under your insurance policy. </strong>
<h3><strong><u>2. Make Truthful Disclosures to your Insurance Company</u></strong></h3>
When you are reporting your insurance claim(s), <strong>it is necessary that you inform your carrier that your property suffered damage, and when you first observed the damage to your property. </strong>It is then your insurance company’s responsibility to investigate your claim and determine the full scope of the damage you suffered, as well as the cause, origin, and timing of the damage, and then ultimately to determine whether the damage is covered under your policy.

When reporting your claim, answer all the insurance company’s questions truthfully, and as accurately as possible. However, if you do not know the answer to a question, simply tell them you do not know. <strong>Do not attempt to guess</strong>. Insurance policies contain many exclusions to coverage, and often things you believe should be covered may not actually be covered under your policy. Therefore, it is important that you do not offer your own opinions to your insurance company as to what you believe to be the cause of the damage to your property. <strong>Often, insurance companies will use your own statements against you to avoid paying covered claims.</strong>

Allow your insurance company to complete its own investigation and determine the cause. If you disagree in any way with your insurance company’s coverage determination, or with the amount your insurance company is willing to pay, <strong>contact our firm, DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>. We will hold your insurance company accountable to you, and will work to recover the full insurance benefits to which you are entitled by your insurance policy. </strong>
<h3><strong><u>3. Document your Hurricane Helene Damage </u></strong></h3>
<strong>It is crucial that you document damage you suffered as close in time to the loss as possible, and prior to beginning any repairs</strong>. Document your damage with your cell phone’s camera, using both photographs and video. If your home is unsafe, however, do not put yourself in a perilous situation just to document the damage. <strong>Often overlooked, and often underpaid portions of claims are claims for damage to personal property</strong>. Hopefully, before the Hurricane damaged your property, you made a video diary of your personal property. If not, and if your personal property remains in your home or business, before you haul it to the curb, <strong>take photographs and videos of the damaged personal property, including, if able, photographs of serial numbers and UPC barcodes. If you are removing flooring, including hardwood flooring, vinyl flooring or even carpeting, photograph any identifying marks on the underside of the flooring, which specifies the grade of the materials on your floor.</strong> Often insurance companies under value your insurance claim by calling for the replacement of subpar materials and flooring. Do this for your cabinetry and countertops as well. This will help you in preparing your personal property inventories that will be provided to your insurance company for coverage. When your insurance company asks for photos and videos of damaged property, provide them promptly.

<strong>If your insurance company refuses to investigate or adjust your personal property claims, or refuses to provide coverage for damaged personal property or underpays these claims, contact DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>. We will hold your insurance company accountable for the full value of your insurance claims. </strong>
<h3><strong><u>4. Cooperate with your Insurance Company’s Investigation of your Hurricane Helene Claim</u></strong></h3>
Another pre-condition to coverage is that you reasonably cooperate with your insurance company’s investigation of your claim. This means that you must <strong>allow full access to your property for investigation and inspection as often as reasonably requested</strong>. This also means that if your insurance company requests information from you or requests documents or photographs or videos in your possession, that you provide the requested information to your insurance company. You are only required to provide copies of documents that are in your ready possession and control. Often, with catastrophes such as Hurricane Helene, much of the documentation requested of you will have been destroyed. If this is the case, inform your insurance company of the item’s destruction, so that your inability to provide the requested documentation can not be used against you to deny coverage for your claim.

<strong>Sworn Statement in Proof of Loss: </strong>Some policies require that you provide your insurance carrier a <strong>Sworn Statement in Proof of Loss within 60 days</strong> of your loss as a pre-condition to coverage,<strong> and those carriers will use your failure to provide this information as an excuse to not pay your covered claim, even if you did not know that your insurance policy required you to do this</strong>. If you require assistance understanding your insurance policy and its many requirements, and whether this is a condition to coverage in your policy, <strong>contact DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>, and we will assist you, and provide a free policy review.</strong>

Your insurance company may request that you provide a <strong>“recorded statement” or an “examination under oath.”</strong> <strong><em>If your insurance company makes such a request, inform it that you wish to comply with the request, but request your attorney be present with you</em></strong>. <strong>Then, immediately contact DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>, and we will prepare and assist you with this portion of the claim investigation to assure you are recovering the full value of your insurance claim.</strong>
<h3><strong><u>5. Make Emergency Repairs as Needed to Prevent Further Damage</u></strong></h3>
All insurance policies require that you take immediate action to save and protect your property from further damage at and after a covered loss has occurred. <strong>This means you must take reasonable steps to prevent continued damage to your home or business after the damage first occurs.</strong> Sometimes this is impossible due to the level of damage you suffered, or due to unsafe conditions at your property, or due to financial hardship. However, if there is a hole in your roof that can be tarped to prevent further water intrusion, you are obligated, under your policy, to have your roof tarped. If water intruded into your home or business, the water needs to be dried out to prevent the growth and proliferation of mold, mildew, or other harmful bacteria. <strong>It is crucial that before any emergency repairs commence, that you inform your insurance company of the emergency repairs that are going to occur, and that you document the damage and emergency repairs with photographs before, during and after the repairs, to the best of your ability</strong>. Some insurance policies limit the amounts available for emergency repairs. <strong>If you have questions regarding this coverage, contact DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>, for a free policy review. Our law firm also works closely with emergency repair vendors and contractors we can put in place to ensure you remain compliant with your responsibilities under your insurance policy.</strong> <strong>At DICUS BURKE &amp; LEWIS, PLLC, we also work hand-in-hand with the best forensic engineers to ensure your home or business is structurally sound, safe, and to ensure all the damages caused by Hurricane Helene are discovered and captured for payment by your insurance company.</strong>
<h3><strong><u>6. Save Everything</u></strong></h3>
<strong>Preserving Coverage for Additional Living Expenses:</strong> It is crucial that you retain all receipts and invoices, copies of checks, credit card and bank statements evidencing items purchased as a result of the storm, lease agreements for temporary housing, and emergency repair invoices and contracts signed in the aftermath of a Hurricane. <strong>Most policies offer coverage for additional living expenses. Additional living expense is the increased cost of living you incur as a direct result of the covered damage you suffered</strong>. If the storm rendered your home uninhabitable, for instance, and your policy contains coverage for additional living expenses, <strong>your insurance company must re-imburse you for all increased costs associated with finding alternative comparable housing which could even include increases in your grocery bills, restaurant bills, and utilities</strong>. Keep all these receipts in a folder and provide copies of them to your insurance carrier as the receipts come in. <strong>Many insurance companies delay paying, or completely refuse to pay for your additional living expenses.</strong> This tactic exerts extreme pressure on you to settle your insurance claims for far less than what your insurance policy covers. <strong>If your insurance company delays or refuses to pay your additional living expenses, contact our firm, DICUS BURKE &amp; LEWIS, PLLC</strong> <strong><a href="/contact/" data-wpel-link="internal">Contact</a></strong><em>,</em> <strong>immediately. We hold insurance companies accountable to you for all the coverages available under your policy and will work tirelessly to recoup the full benefits to which you are entitled under your insurance policy.</strong>

<strong>Preserving Coverage for Business Interruption, and Business Income or Extra Expence:</strong> When a hurricane renders your business inoperable, or causes production/performance delays, lost product, or other financial hardship, these losses are often covered under the business interruption and/or business income or extra expense coverages in your commercial or surplus lines insurance policy. <strong>The coverages available for business interruption and business income or extra expense are limited and often very complicated.</strong> If you have any questions regarding coverages available under your policies, <strong>contact DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>, immediately, for a free policy review. We work closely with forensic accountants to ensure you are recovering the full value of your covered business interruption and business income/expense claims.</strong>
<h3><strong><u>7. Do Not Allow your Insurance Company to Delay Payment of your Claim</u></strong></h3>
<strong>Florida Law requires insurance companies to promptly investigate and cover claims</strong>. There are several Florida Statutes governing the timeframes within which your insurance company must do certain things during your claim. For instance, Fla. Stat. § 627.70131(7)(a) provides in part as follows:

Within 60 days after an insurer receives notice of an initial, reopened, or supplemental property insurance claim from a policy holder, the insurer shall pay or deny such claim or a portion of the claim unless the failure to pay is caused by factors beyond the control of the insurer.

This statute provides that any payments by the insurance company made 60 days after the reporting of the claim, should, under certain circumstances, include payment of interest that begins to accrue from the date the insurance company received notice of the claim. <strong>Insurance companies can use your inability to provide requested documents and information within 10 days to extend the timeframe within which they must pay or deny your claim.</strong> <strong><em>If your insurance company refuses to comply with its statutory obligation to timely cover your Hurricane Helene claim, contact our firm, </em>DICUS BURKE &amp; LEWIS, PLLC</strong> <strong><a href="/contact/" data-wpel-link="internal">Contact</a></strong><em><strong>. We will hold your insurance company accountable to you, and will work steadfast to ensure your claims are paid timely.</strong></em>

<strong>8. Create a Diary or Timeline of your Insurance Claim: </strong>While there is no requirement under your insurance policy that your diary your claims process, it is extremely helpful should you require legal representation after your insurance company wrongfully denies, delays, or underpays your covered insurance claim. Therefore, <strong>create a diary, and notate every communication with your insurance company, when the communication took place, with whom you communicated, and a brief summary of what was communicated.</strong> Also, similarly notate all communications with contractors or others assisting with the repair/restoration process.

<strong>If your insurance company wrongfully denies your covered Hurricane Claim, delays payment, or underpays your claim, contact DICUS BURKE &amp; LEWIS, PLLC <a href="/contact/" data-wpel-link="internal">Contact</a>, and we will hold your insurance company accountable to you for the full value of your claim.</strong>
<h2 style="text-align: left;"><strong><u>OUR FIRM’S COMMITMENT TO OUR CLIENTS</u></strong></h2>
The attorneys in our law firm, Dicus Burke &amp; Lewis, PLLC, have more than four decades of legal experience holding insurance companies accountable to their policy holders when property insurance disputes arise. <strong>Throughout the entire state of Florida, we have represented thousands of homeowners including insurance defense lawyers and state and federal judges, business owners, churches, colleges, condominiums, apartments, and resorts, and have recovered millions in insurance benefits for our clients.</strong> All of the partners in our firm represented insurance companies in the past, and <strong>we are acutely aware of the strategies and tactics your insurance company may employ to deny, delay, or devalue your Hurricane Helene claims.</strong>

When our clients are faced with catastrophe, like the catastrophe and devastation brought by Hurricane Helene, we fight tirelessly in our clients’ corner to achieve justice and fair compensation. When it comes to helping the members of our community get back to normal, no case is too big or too small.

Rebuilding your lives after Hurricane Helene, and getting back to normal is going to be a difficult, stressful, and trying process, but it is not something you have to face alone. <strong>Contact DICUS BURKE &amp; LEWIS, PLLC, today for a free policy review and free evaluation of your Hurricane Helene Claims.</strong> <strong><em>LET US BE YOUR STEADFAST PARTNER GETTING YOU AND YOUR FAMILY BACK TO NORMAL. </em></strong><em><strong><a href="/contact/" data-wpel-link="internal">Contact</a></strong></em>

<img class="aligncenter" style="margin-bottom: 20px;" src="/wp-content/uploads/sites/1401167/2024/09/image-2.png" alt="tropical hurricane approaching the USA.Elements of this image are furnished by NASA." />

<img class="aligncenter" src="/wp-content/uploads/sites/1401167/2024/09/image-1.png" alt="Hurricane Sandy destruction" />]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[New Florida roofing law covers insurance]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/09/new-florida-roofing-law-covers-insurance/" />
            <id>https://www.dicusburkelaw.com/?p=46796</id>
            <updated>2021-09-07T12:10:12Z</updated>
            <published>2021-09-07T12:10:12Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Florida has extensive roofing requirements because of the hurricanes and strong storms that afflict the state. A new state law took effect on July 1 that changes how homeowners may make claims and how roofers and insurance companies can handle those claims. These requirements add additional complexity for home and business owners who have to deal with other insurance law…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/09/new-florida-roofing-law-covers-insurance/"><![CDATA[Florida has extensive roofing requirements because of the hurricanes and strong storms that afflict the state. A <a href="https://www.hometownnewsvolusia.com/news/new-florida-roofing-laws-affect-insurance/article_d6cae4ca-fec2-11eb-9387-1b8db5624822.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">new state law</a> took effect on July 1 that changes how homeowners may make claims and how roofers and insurance companies can handle those claims. These requirements add additional complexity for home and business owners who have to deal with other <a href="https://www.dicusburkelaw.com/property-insurance-claims/" target="_blank" rel="noopener" data-wpel-link="internal">insurance law</a> issues.
<h2>Significant changes</h2>
Residential and commercial property owners need to know these important changes under the new law:
<ul>
 	<li>Property insurance claims, supplemental claims and reopened claims must be filed within two years.</li>
 	<li>Property insurers must furnish full-replacement coverage for roofs under 10 years old.</li>
 	<li>Property insurers can now use a roof surface reimbursement schedule to sell policies for roofs over 10 years old. These offer reduced coverage based on the roof’s age and type and adjusts claims to the roof’s actual cash value. This schedule does not govern a total loss from a covered peril.</li>
 	<li>Insurers can offer the option of buying a state value limit for coverage of roofs to homeowners.</li>
 	<li>Before filing a lawsuit, property owners have to provide 60-day detailed notice to the insurance company.</li>
 	<li>Fee awards are limited for attorneys who file lawsuits on behalf of contractors in insurance cases.</li>
 	<li>Contractors and public adjusters may not offer incentives to property owners or accept incentives for referrals.</li>
 	<li>Roofers cannot engage in door-to-door solicitations.</li>
</ul>
<h2>Reasons</h2>
The law is intended to reduce fraudulent claims. Its purpose, according to supporters, is to stop rising insurance rates for homeowners from higher insurance premiums and construction costs caused by more frequent lawsuits.

Opponents of the law argue that it will not guarantee any rate reductions and that that it will ultimately harm homeowners. Roofers argue that the law restricts coverage of older roofs even though they still can have substantial life expectancy.

A roofer recommended annual roofing inspections to identify and repair any potential problems. These inspections will provide documents showing that the roof was in good repair before any storm that caused substantial damage. Many warranties also require roof audits and annual maintenance.

Attorneys can assist you with your claims following a natural disaster to your home or business. They can help assure that insurance companies honor their policies and commitments.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Forecasters continue to predict an active hurricane season]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/08/forecasters-continue-to-predict-an-active-hurricane-season/" />
            <id>https://www.dicusburkelaw.com/?p=46794</id>
            <updated>2021-08-23T12:03:15Z</updated>
            <published>2021-08-23T12:03:15Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[As Florida and the rest of the country enter the height of hurricane season, forecasters are continuing the predict the formation of several more tropical storms and hurricanes. Overall, one group is predicting a total of 20 named storms. The group is not giving any opinion on how strong these storms will be. There is quite a range between a…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/08/forecasters-continue-to-predict-an-active-hurricane-season/"><![CDATA[As Florida and the rest of the country enter the height of hurricane season, forecasters are continuing the predict the formation of several more tropical storms and hurricanes.

Overall, one group is <a href="https://www.sarasotamagazine.com/news-and-profiles/2021/08/hurricane-forecast-2021" target="_blank" rel="noopener noreferrer" data-wpel-link="external">predicting</a> a total of 20 named storms. The group is not giving any opinion on how strong these storms will be. There is quite a range between a weak tropical storm and a powerful Category 5 hurricane.

If this prediction holds, this will not be a record-breaking season like the season of 2020. It is still a very active season, however.

There are a number of environmental factors which contribute to active hurricane seasons. In addition to warmer ocean temperatures, phenomena like La Nina can also contribute how active the Atlantic hurricane season will be in a given year.

While residents of the Tampa Bay area should prepare for an active hurricane season, it is also important to remember that even one major hurricane be enough to cause severe <a href="https://www.dicusburkelaw.com/hurricane-claims/" target="_blank" rel="noopener" data-wpel-link="internal">property damage</a>.

It is a good time, in other words, for Florida property owners to make sure that they have the insurance coverage and financial support in place in case of a hurricane loss.
<h2>Sometimes, property owners will need representation after a storm</h2>
Despite their efforts, owners of valuable residential property or commercial property may find themselves with a shortfall because their insurance carrier will not pay for damages after a hurricane.

Sometimes, the dispute can be over a term in the policy or a question about the policy’s validity. In other cases, an insurance company may disagree about the extent of a property’s damage.

These sorts of situations can be frustrating for property owners who were counting on coverage after a hurricane or tropical storm. Owners may wish to seek out experienced legal counsel to evaluate their options.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Is your insurance company acting in bad faith?]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/08/is-your-insurance-company-acting-in-bad-faith/" />
            <id>https://www.dicusburkelaw.com/?p=46792</id>
            <updated>2021-08-09T10:55:18Z</updated>
            <published>2021-08-09T10:55:18Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If your property is damaged, you might breathe a sigh of relief that you have insurance. But once you start the claims process, you might find yourself enormously frustrated. You may feel like your insurance company is dragging its feet or that your claim will end up denied. If you’re in that position now, then you might want to consider…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/08/is-your-insurance-company-acting-in-bad-faith/"><![CDATA[If your property is damaged, you might breathe a sigh of relief that you have insurance. But once you start the claims process, you might find yourself enormously frustrated. You may feel like your insurance company is dragging its feet or that your claim will end up denied. If you’re in that position now, then you might want to consider taking legal action.
<h2>What is a bad faith insurance claim?</h2>
This <a href="https://www.dicusburkelaw.com/property-insurance-claims/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">legal action</a> would most likely take the form of a <a href="https://www.investopedia.com/terms/b/bad-faith-insurance.asp" target="_blank" rel="noopener noreferrer" data-wpel-link="external">bad faith</a> claim. Under Florida law, insurance companies have a duty to act in a reasonable fashion and with honesty and good faith when disposing of claims. If the insurance company in question fails to do so, then it could be held liable to the policyholder for acting in bad faith.
<h2>How do courts assess bad faith claims?</h2>
A court hearing a bad faith claim is required to look at the totality of the circumstances. This gives them a lot of leeway to consider the facts of the case before rendering a decision, which may include the thoroughness with which the insurance company investigated the matter and the efforts made by the insurance company to resolve the disputed claim in a timely fashion. Common signs of bad faith include making payments without justification for the final payment amount, failing to make a good faith offer when the facts called for one, misrepresenting material facts, poor communication, denying a claim without a thorough investigation, and denying a claim without justification.
<h2>Do you need help with your insurance dispute?</h2>
Insurance claims are a hotbed of disputes in Florida. There’s a lot at stake in these matters, too. With that in mind, you shouldn’t simply sit back and let your insurance company railroad you into an outcome that isn’t right for you. Instead, you should consider discussing your circumstances with an experienced law firm like ours that can aggressively represent your interests.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[What types of insurance protect against hurricane damage?]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/07/what-types-of-insurance-protect-against-hurricane-damage/" />
            <id>https://www.dicusburkelaw.com/?p=46790</id>
            <updated>2021-07-26T06:40:46Z</updated>
            <published>2021-07-26T06:40:46Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Floridians are no strangers to severe weather, especially now that hurricane season is here. These powerful storms have the potential to completely obliterate a person’s house. For this reason, many people in Florida have insurance that protects against the threats posed by a hurricane. Defining hurricane insurance You may be surprised to learn that there is not a single insurance…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/07/what-types-of-insurance-protect-against-hurricane-damage/"><![CDATA[Floridians are no strangers to severe weather, especially now that hurricane season is here. These powerful storms have the potential to completely obliterate a person’s house. For this reason, many people in Florida have <a href="https://www.nerdwallet.com/article/insurance/hurricane-insurance" target="_blank" rel="noopener noreferrer" data-wpel-link="external">insurance</a> that protects against the threats posed by a hurricane.
<h2>Defining hurricane insurance</h2>
You may be surprised to learn that there is not a single insurance policy referred to as “hurricane insurance.” Instead, you may have to carry insurance against the two primary sources of hurricane damage: flooding and wind. This may mean you need to purchase two separate policies to be fully covered in the event of a hurricane. Most homeowner’s insurance policies do not protect against floods. Thus, you may want to purchase separate flood insurance. In addition, you may need to purchase a separate windstorm insurance policy as homeowner’s insurance policies in certain states will not cover wind damage.
<h2>Hurricane deductibles</h2>
In Florida, insurers are required to offer policyholders hurricane deductible options. The options include $500, 2%, 5% or 10%. In addition, in Florida homeowners are only responsible for paying one deductible even if their home is subjected to more than one hurricane. Once you meet your hurricane deductible, the general deductible will apply to future hurricane storm damages.
<h2>Learn more about insurance in Florida</h2>
<a href="https://www.dicusburkelaw.com/hurricane-claims/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">Hurricanes</a> can be some of the most destructive storms in the world. It is important to be prepared with adequate insurance. This post is for educational purposes only and does not contain legal advice. Our firm’s website may be a useful resource for those who want to learn more about insurance law.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Florida’s homeowners’ insurance undergoes major changes]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/07/floridas-homeowners-insurance-undergoes-major-changes/" />
            <id>https://www.dicusburkelaw.com/?p=46786</id>
            <updated>2021-07-13T10:37:44Z</updated>
            <published>2021-07-13T10:37:44Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Hurricanes may be a way of life in Florida, but natural catastrophes have changed and raised the price of insurance against catastrophic damages. On July 1, changes to Florida’s insurance law could have a serious impact on homeowners by making it harder to file legal action against insurers and limit what insurers pay for roof damage, among other things. Reasons…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/07/floridas-homeowners-insurance-undergoes-major-changes/"><![CDATA[Hurricanes may be a way of life in Florida, but natural catastrophes have changed and raised the price of insurance against catastrophic damages. On July 1, <a href="https://wusfnews.wusf.usf.edu/economy-business/2021-06-23/big-changes-are-coming-to-homeowners-insurance-in-florida" target="_blank" rel="noopener noreferrer" data-wpel-link="external">changes</a> to Florida’s <a href="https://www.dicusburkelaw.com/property-insurance-claims/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">insurance law</a> could have a serious impact on homeowners by making it harder to file legal action against insurers and limit what insurers pay for roof damage, among other things.
<h2>Reasons</h2>
It has become more expensive to insure homes against the changing nature of catastrophes. Also, insurers must spend more money defending claims, investigating possible fraudulent claims, and confronting illegitimate or false claims.

Insurers have sought to recover these costs by increasing the price of homeowners’ policies.  This law was approved last month.
<h2>Expected changes</h2>
Homeowners may have more choices for homeowners’ insurance and coverage. Insurers that left Florida may return. It is hoped that the law will produce a more viable private insurance market in the state by establishing certainty and reducing fraud, and lawsuits.

The rates for the public insurance option or insurer of last resort, Citizens Property Insurance, will increase under the new law. Before the law was changed, rates were anticipated to rise 10 percent annually.

The new law will allow these rates to increase by 11 percent then 12 percent the following year. This intended to provide more options and encourage insureds to leave Citizens and enter the private insurance market.

A healthier insurance market in Florida, according to an expert, may not immediately bring reduced premiums. Insurers are waiting to see if the costs of doing business in this state fall. Prices may drop for consumers if insurers can control the costs of providing coverage and dealing with fraudulent claims.

Attorneys can help homeowners and property owners deal with their insurers after they suffer catastrophic losses. They can help pursue claims and protect legal rights.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Subsidence and sinkholes can cause severe damage]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/06/subsidence-and-sinkholes-can-cause-severe-damage/" />
            <id>https://www.dicusburkelaw.com/?p=46781</id>
            <updated>2021-06-29T05:40:10Z</updated>
            <published>2021-06-29T05:40:10Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[A phenomenon called land subsidence is a problem that residents of Florida have had to deal with for decades. Basically, land subsidence is a natural phenomenon that happens when water gets sucked out of sedimentary rock, including finely ground rock like sand.  Interestingly, subsidence can also happen when this rock type of rock first gets saturated with water after a…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/06/subsidence-and-sinkholes-can-cause-severe-damage/"><![CDATA[A phenomenon called land subsidence is a problem that residents of Florida have had to deal with for decades.

Basically, <a href="https://www.usgs.gov/special-topic/water-science-school/science/land-subsidence?qt-science_center_objects=0#qt-science_center_objects" target="_blank" rel="noopener noreferrer" data-wpel-link="external">land subsidence</a> is a natural phenomenon that happens when water gets sucked out of sedimentary rock, including finely ground rock like sand.  Interestingly, subsidence can also happen when this rock type of rock first gets saturated with water after a long time of dryness.

In either situation, the rock underneath the surface gives way, causing the surface above it to sink down as well.

This becomes a significant problem if the sinking happens immediately below a building or home. Over time, the phenomenon can cause the failure of the structure or severe and irreparable damage to it.

<a href="https://www.usgs.gov/special-topic/water-science-school/science/sinkholes?qt-science_center_objects=0#qt-science_center_objects" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Sinkholes</a>, although not categorized as subsidence, are still particularly dramatic examples of what can happen when large pockets of open space develop underground because of the movement or erosion of rock.
<h2>Property insurance companies may not be willing to pay subsidence claims</h2>
A Saint Petersburg resident who has suffered property damage will likely have to figure out how to finance a repair or, in the worst case scenario, the purchase of a replacement property.

Naturally, an owner will look to his or her <a href="https://www.dicusburkelaw.com/hurricane-claims/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">property insurance carrier</a> to pay all or part of the damage depending on what coverages are available.

Unfortunately, many people will have these types of claims denied. If they do get their claims approved, other people will find that their insurance carrier is not willing to pay much more than pennies on the dollar on the total damages based on any number of justifications.

Too often, an insurance company’s decision is not fair to the customer. This is a good reason why someone with a potential property damage claim for subsidence should consider seeking professional legal advice and support when trying to obtain compensation.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Reasons insurance claims may be denied and what to do]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/06/reasons-insurance-claims-may-be-denied-and-what-to-do/" />
            <id>https://www.dicusburkelaw.com/?p=46779</id>
            <updated>2021-06-15T10:11:57Z</updated>
            <published>2021-06-15T10:11:57Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When homeowners suffer property damage, it can be devastating. For that reason, they should be familiar with how to make an insurance claim with their insurer and what to do if they believe their claim has been wrongly denied. Reasons an insurance claim may be denied When property damage has been suffered, it is important to report the damage, document…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/06/reasons-insurance-claims-may-be-denied-and-what-to-do/"><![CDATA[When homeowners suffer property damage, it can be devastating. For that reason, they should be familiar with how to make an <a href="https://www.findlaw.com/consumer/insurance/can-i-sue-an-insurance-company-for-denying-my-claim.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">insurance claim</a> with their insurer and what to do if they believe their claim has been wrongly denied.
<h2>Reasons an insurance claim may be denied</h2>
When property damage has been suffered, it is important to report the damage, document the damage and prevent further damage. Insurance claims may be denied for a number of reasons and all of them may not be valid reasons.
<ul>
 	<li>Lack of coverage: the insurance company may argue that the claim in question is not covered by the insured’s insurance policy. Any ambiguities in the policy coverage are judged in favor of the policyholder.</li>
 	<li>Application errors: the insurance company may claim that application errors nullify coverage of the policy. The insurer may claim certain misrepresentations on the original application nullify coverage under the policy.</li>
 	<li>Claim errors: the insurance company may claim that the insured made errors when notifying the insurance company of the claim. Timelines for reporting a claim under the policy may apply that can be as short as 24 hours.</li>
 	<li>Insurance fraud: The insurance company may claim the insured submitted false or exaggerated claims that amount to insurance fraud.</li>
 	<li>Bad faith denial: Insurance companies may make bad faith denials of the insured’s claim that can seem complicated or confusing.</li>
</ul>
<h2>Protection offered by insurance law</h2>
<a href="https://www.dicusburkelaw.com/property-insurance-claims-faq/" data-wpel-link="internal">Insurance law</a> may protect a policy holder when the insurance company:
<ul>
 	<li>has made an inadequate or delayed investigation into the claim;</li>
 	<li>refuses to pay the claim when liability is reasonably clear;</li>
 	<li>fails to approve or deny the claim in a reasonable or specified timeframe;</li>
 	<li>denies the claim with little or no explanation;</li>
 	<li>fails to defend a liability lawsuit when the claim is covered by the policy holder’s liability policy; or</li>
 	<li>denies a claim based on an application misstatement after the period to contest has passed.</li>
</ul>
Property owners who are facing damage and a denied claim should be familiar with these protections and the options available to help them.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Over 50,000 Florida homeowner policy holder dropped]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/06/over-50000-florida-homeowner-policy-holder-dropped/" />
            <id>https://www.dicusburkelaw.com/?p=46777</id>
            <updated>2021-06-02T10:15:47Z</updated>
            <published>2021-06-02T10:15:47Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[No matter the length of residency, anyone living in Florida can attest the impact hurricane season can have on the state and other states in the region. For many homeowners in the state, property insurance policies are specifically purchased to protect their property in the event of a hurricane. Thus, if such a policy was altered or changed, it may…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/06/over-50000-florida-homeowner-policy-holder-dropped/"><![CDATA[No matter the length of residency, anyone living in Florida can attest the impact hurricane season can have on the state and other states in the region. For many homeowners in the state, <a href="https://www.dicusburkelaw.com/hurricane-claims/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">property insurance policies</a> are specifically purchased to protect their property in the event of a hurricane. Thus, if such a policy was altered or changed, it may be extremely detrimental to the homeowner, as there is a real possibility that their home could be damaged or destroyed in the storm.
<h2>Notice of nonrenewal</h2>
Over 50,000 Florida homeowners have or are about to obtain difficult news regarding their policies. Based on recent reports, three property insurance companies are dropping more than 50,000 <a href="https://www.clickorlando.com/news/local/2021/05/24/property-insurance-companies-drop-50000-florida-policy-holders-ahead-of-hurricane-season/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">homeowner policies</a>. This is occurring just weeks from hurricane season, and at this point in time, some of these policy holders have yet to be notified.

This instance further illustrates the on-going property insurance problem in the state, and it has resulted in individuals now dealing with the hassle to find new coverage. The canceling or non-renewal of these over 50,000 policies was approved by the Florida’s Insurance Commissioner.
<h2>Loss claims</h2>
The current issues faced by Florida property owners is due to the increased litigation and higher catastrophe claim losses due to the multiple hurricanes hitting the state over the past several years. For instance, the hurricanes that hit Florida is 2017 and 2018 caused a reported $20 billion in damages. Over 100,000 property claims were filed last year.

The increases litigation has led to insurers insolvency. Nonetheless, it is important to consider the following statistics from 2019. That year, the state of Florida accounted for 8% of all homeowners’ claims opened by insurance companies; however, the state accounted for 76% of all homeowners’ suits opened against insurance companies.

Purchasing property insurance is an important step to take when purchasing or owning a home. It is vital to take steps to protect this high value asset, as it could mean a major loss for the homeowner if his or her home is impacted by a hurricane or any other type of storm. Thus, it is imperative that one fully understands their policy, the terms of the agreement and what could be done to enforce one’s rights when seeking benefits from a current policy.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Dicus Burke &amp; Lewis, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Homeowners insurance coverage and claims]]></title>
            <link rel="alternate" type="text/html" href="https://www.dicusburkelaw.com/blog/2021/05/homeowners-insurance-coverage-and-claims/" />
            <id>https://www.dicusburkelaw.com/?p=46772</id>
            <updated>2021-05-21T06:11:20Z</updated>
            <published>2021-05-21T06:11:20Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Purchasing a home is one of the largest investments most people will ever make. Homeowners often borrow some or all of the purchase amount from a bank or other financial institution. These financial institutions may require buyers to obtain homeowners insurance to protect the property. Coverage types It’s helpful to understand what types of coverage are often included in a…]]></summary>
			                <content type="html" xml:base="https://www.dicusburkelaw.com/blog/2021/05/homeowners-insurance-coverage-and-claims/"><![CDATA[Purchasing a home is one of the largest investments most people will ever make. Homeowners often borrow some or all of the purchase amount from a bank or other financial institution. These financial institutions may require buyers to obtain <a href="https://www.findlaw.com/consumer/insurance/homeowners-insurance.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">homeowners insurance</a> to protect the property.
<h2>Coverage types</h2>
It’s helpful to understand what types of coverage are often included in a homeowners insurance policy. The policy may include coverage for accidents, damage caused by natural disasters, water damage, theft and may cover personal property.

Because Florida homes can be especially susceptible to damage caused by tropical storms, hurricanes, wildfires and other natural disasters, it is especially important for homeowners to understand the dollar limits for these types of claims.

Also, homeowners should be aware that these policies do not usually cover injuries caused by the intentional acts of the homeowner, flood damage caused by outside water sources and earthquake damage.
<h2>Claim denial</h2>
Insurance companies are required to act in good faith when they investigate claims. They are also required to pay for legitimate, timely claims for incidents covered by the policy. However, insurance companies sometimes deny claims without a valid reason for doing so.

Also, insurance companies usually can only cancel a policy if the homeowner does not pay the policy’s premiums, provides false information on an application or when there has been a change in the risk assessment for the property.

An experienced attorney can help homeowners by challenging <a href="https://www.dicusburkelaw.com/property-insurance-claims/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">claim denials</a>. In addition, the attorney can provide representation for the homeowner in breach of contract lawsuits or where the insurance company acted in bad faith.]]></content>
						        </entry>
	</feed>