FORT LAUDERDALE, FL and NAPLES, FL and ORLANDO, FL -- 10/29/09 --
October
24th marked the fourth anniversary of Hurricane Wilma and Katzman Garfinkel
Rosenbaum, a statewide law firm that focuses on the representation of
condominium and homeowner associations (HOAs), is advising all associations
and homeowners that they only have one year left to re-open or file a new
claim for damage resulting from Hurricane Wilma.
"Many associations do not readily see the connection between storm damage
and their current economic woes, but that connection may be closer than
they think," said Donna Berger, a Managing Partner of Katzman Garfinkel
Rosenbaum.
Typically, the deadline is five years to make a claim with an association's
insurance carrier after a casualty loss, unless the claim was cut short by
a FIGA deadline, an appraisal award or a signed release agreement that
specifically used the word "release." The deadline to file insurance claims
for Wilma is October 24, 2010, and more information can be found at
http://www.wilmaclaims.com/.
There are several reasons why associations might not have received the
proper insurance proceeds for this storm damage. Many submitted claims and
were told that they did not reach the deductible, or they received money
but not enough to pay for repairs. Others never made claims because they
either felt they did not meet the deductible, the damage was not discovered
at the time, or they feared having coverage canceled or rates raised.
Common myths about filing or re-opening previous claims, include:
1. If you file a claim you will be dropped. This is false. It is illegal
under Florida law for insurance companies to drop policyholders for filing
claims. Specifically, Section 627.4133(3) provides: Claims on property
insurance policies that are a result of an act of God may not be used as a
cause for cancellation or nonrenewal.
2. If you file a claim your insurance rates will go up. Again, this is the
same issue as #1. Insurance companies must submit rate increases to the
State for approval. Whether or not the association makes a claim will not
impact the carrier's business decision to move forward with a proposed rate
increase.
3. Your damage did not come close to exceeding your deductible. This is a
common scenario in which many policyholders give up and pay for insured
damage out of their own pockets. Damage visible to the naked eye may not
tell the whole story of damage which your personal and real property may
have suffered. Trained experts can properly advise associations on the full
extent of the damage inflicted including structural damage, mold, loss of
power, relocation expenses, cleanup and dumpster costs, etc. If the
community endured a special assessment to pay for storm damage it may have
been on the receiving end of the deductible denial; and
4. If you already received a check from your insurance company it is too
late to revisit your claim. Unless you signed a release, receiving funds
alone does not prevent one from pursuing the carrier for the full extent of
damage suffered.
"Unfortunately, because most owners and/or association board members lack
the experience and expertise to deal with these situations, many simply do
not know their rights with regard to casualty claims or are bullied into
accepting less than they deserve," Berger said.
Boards, particularly new ones that were not seated at the time any damage
was incurred, would be well advised to have their property inspected as
soon as possible in order to provide themselves with the reassurance that
they were paid in full by their carrier or to arm themselves with the
ammunition needed to recover the amounts that still might be owed.
Donna D. Berger, Esq. is the Managing Partner of the Ft. Lauderdale Office
of Katzman Garfinkel Rosenbaum (KGR) a firm that specializes in community
association representation and casualty law. Ms. Berger can be reached at
954-315-0372 or via email at dberger@kgrlawfirm.com.
About Katzman Garfinkel Rosenbaum:
Katzman Garfinkel Rosenbaum is a statewide law firm that focuses on the
representation of community associations. The Firm presently maintains
offices in Fort Lauderdale, Orlando, Naples and West Palm Beach. The firm
offers residents living in all types of common interest ownership
communities with a complete set of services including general corporate
representation, collection, first party insurance claim recovery and
construction defect litigation. It was one of the first firms to advance
all fees and costs on behalf of communities that are forced to pursue
collection of delinquent assessments. For more information, log on to
www.askthefirm.com.
Contacts:
Donna Berger
(954) 486-7774 for Fort Lauderdale and Naples
Alan Garfinkel
(407) 539-3900 for Orlando
