Florida Condo & HOA Legal Blog : Florida Condo Lawyer & Attorney : Becker & Poliakoff Law Firm : Condominium & HOA Law Blog

By Robert I. Rubin

On June 9th, the United States District Court for the Southern District of Florida granted preliminary approval of a class action settlement concerning the improper application of separate hurricane deductibles on certain Lloyd's policies.
 
The preliminary settlement provides for a $39,000,000 settlement fund. Eligible recipients will receive no more than 65% of the original miscalculation.
 
Under the proposed settlement, potential class members holding applicable Lloyd's policies should receive written notification of eligibility with a notice of claim form beginning July 15, 2011. There are two categories of potential claimants:
 
Category I claimants are those where Lloyds has sufficient information to calculate the potential refund. They will be given a 9 question proof of claim form.
 
Category II claimants are those where Lloyds currently does not possess sufficient information to process a refund. They will be give a 15 question proof of claim form.
 
Potential class members have until Aug. 29, 2011 to submit a claim or opt out. Final hearing on objections to the settlement is scheduled for September 30, 2011.

We wish to acknowledge Public Adjuster Zevuloni & Associates (954) 742-8248 who brought this unpublished (in the Florida Federal Law Weekly) order to our attention.

The claims administrator is Kurtzman Carson Consultants, Tel: 866-381-9100 E -mail: info@kcclic.com

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PLEASE NOTE THE CHANGE IN TIME FOR THIS PRESENTATION
We apologize for any inconvenience.

Live Webinar
Friday, July 23, 2010 from 10:00 Am–11:00 PM EDT
(9:00 PM-10:00 PM CDT)

Anatomy of a Disaster Claim
With hurricane season upon us, now is the time to gear up for the potential of a disaster claim against your insurance company. Learn what you can do now to prepare a complete and well-documented claim, thereby lessening the worry and ensuring the likelihood of a maximized recovery.

Steven B. Lesser, Esq.	Herbert O. Brock, Jr., Esq.	Rick Slider, P.E.

Join Board Certified Construction Lawyers Steve Lesser, Esq., and Herb Brock, Esq. of Becker & Poliakoff, along with Rick Slider, P.E., of Slider Engineering Group, a firm specializing in structural engineering and forensic investigation, for this live webinar on the Anatomy of a Disaster Claim.

Register below and you will receive a confirmation email with information on how to participate.

http://event.vcallinteraction.com/r.htm?e=226711&s=1&k=023C0E8B69E94BF7A3493AF48E9B32E9

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With the oil still gushing off our shores and no end in sight, only one thing is for certain, the impact on the environment and economy of Florida’s Gulf Coast will be devastating.

By John Cottle, Esq.

Governor Crist said Floridians must “prepare the worst and hope for the best”. We completely agree with the Governor. It is imperative that anyone with a financial or other vested interest that needs protecting begin doing so as quickly as possible.  Some prompt actions are recommended while it may be wise to consider waiting (as difficult as that may be) regarding others.

Make a Record of Everything
Having been through major disasters and the arduous claims process that follows, I can assure you that there is no such thing as “too much information” when it comes to establishing conditions prior to a casualty loss or in proving “damages”.  Some actions which should be taken immediately include:

• Take photographs – lots of them – and as soon as possible, before any physical damage is caused by the oil spill.  If any damage is sustained, photographs of the damage are indispensable.
• Prepare a  video with narration.
• Rental losses due to canceled reservations should be well-documented. 
• Document all information you receive from anyone who contacts you regarding the oil spill.

Governmental Jurisdictions Can Be Confusing
Beaches, in general, fall under the regulatory authority of several agencies including the Army Corps of Engineers (“ACE”) and on the state level the Florida Department of Environmental Protection (“DEP”).   It is essential to confirm in advance what regulations apply and to obtain any required permits before proceeding with any actions that may violate state or federal laws.

Engaging Professionals
Engaging professionals may be a prudent course of action.  Condominiums and community associations should consider securing the services of a competent coastal engineer.  The advice and recommendations of a professional may provide significant assistance in protecting property and in navigating the confusing web of state and federal regulations applicable to beachfront property. Additionally, it would be wise to seek legal assistance to help protect your assets and income. Some pundits are predicting that this incident will create more lawsuits than any other single event in history. Beware of the contractors, public adjustors and attorneys from all over the country trying to get in on the action.  While many are competent, capable, and professional,  others are not.  It is important to check the history and credentials of any professional before engaging their services.  No substantial claims are likely to be settled quickly, and prudence rather than haste in choosing legal representation will pay off in the long run.

The cleanup from the oil spill will take years.  The litigation and claims processes will take even longer.  Property owners who follow the steps outlined above and keep on top of the news will be in a better position than those who act out of desperation and panic.

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