AI and ChatGPT are no longer just buzzwords.  This cutting-edge technology contributes to more economical firm management.  Not only does AI save time, but it produces more accurate, higher-quality legal research, eDiscovery, litigation strategies, document drafting and management, risk assessment and predictive analytics for legal outcomes.  

This paradigm shift in the legal industry allows for labor-intensive tasks to be accomplished by AI while adding tremendous value and amplifying efficiencies and client growth.  In many cases, AI augments what humans do and frees them up to take on higher-level tasks such as advising clients, negotiating deals and appearing in court, mediations and arbitrations. 

Law firms that fail to capitalize on the power of AI will be unable to remain cost-competitive, losing clients and undermining their ability to attract and retain talent. As a result, Corless Law Group has created tools and services to assist fellow attorneys and other law firms in the following AI-related areas: 

• Artificial Intelligence 
• ChatGPT
• Apps
• Matterport 3D technology
• Virtual Reality
• Storage to organize huge amounts of complex data that can be used to make vital decisions
• Tools that minimize risk using predictive coding and continuous active analysis in order to learn which documents matter most, and to mark the right time to act on a case

At Corless Law Group, we can provide leverageable technology to help you transform your legal practice, regardless of firm size, geographic location or practice area.  We will help you establish goals and maintain data quality, all while providing sound and savvy legal advice surrounding these new technologies.  

Call 813-258-4998 to see how our AI tools and services can assist you in streamlining your cases to lead to more success inside and outside the courtroom.  Used correctly, AI can generate both quantifiable and indirect benefits while maintaining a human touch.  From onboarding, tech support and best practices for implementation, Corless Law Group is your partner in this exciting new AI ecosystem to guide you through the intersection of law and technology.  

Corless Law Group is the most powerful name in Large Loss property damage claims.  We provide legal solutions to large, complex losses which usually involve either multi-unit dwellings or massive, interconnected commercial spaces with several floors and buildings. These Large Losses tend to have compensation in the multi-million dollar range. 

For example, we secured a historic $12.7 million verdict against Citizens Property Insurance for sinkhole damage in Pinellas County on behalf of a condo association.  Built in the 1980s, Cloverplace is a duplex community in which 120 buildings (240 units) are home to about 500 people, including young families and retirees.  The figure of $12.7 million was the estimated amount it would take to stabilize 83 of the damaged units in Cloverplace.

Recognized as leaders in the field of property damage claims and high-stakes insurance disputes, Corless Law Group is a trial law firm committed to helping policyholders throughout Florida.  We are the go-to law firm representing large properties and Large Losses.  We utilize an aggressive, tenacious approach to help clients receive the compensation they deserve for various types of real estate damage and property loss. 

We represent owners of commercial and residential property, and we have a unique depth of resources and experience filing and litigating Large Loss claims.  Our legal services help insured’s address issues associated with Large Losses, including hurricane and storm claims, wind and tornado damage, fire damage, roof damage, water and mold damage, and sinkholes. 

If your commercial or residential property damage claim has been delayed, denied or underpaid, contact us at 813-258-4998 for a free, no-obligation consultation .  Our Large Loss law firm has helped individual homeowners, HOAs, Boards of Directors, and business owners secure more than $500 million in insurance coverage after property damage. Find out how our firsthand knowledge of Large Loss claims can significantly benefit you. 

As winning sinkhole lawyers, we do more than just file a claim; we build the team to solve your riddle, and get your claim paid.  No matter the size or scope of your claim, we’ll employ our more than two decades of experience and knowledge in multi-unit, large sinkhole losses to help you get the best possible outcome.  If you’ve lost property or experienced inconveniences due to a sinkhole damage, call 813-258-4998 for a free, comprehensive consultation.

As a seasoned sinkhole lawyer, I work with an extraordinary team to evaluate your claim; help you make sound sinkhole repair decisions; retain and consult expert geologists, geotechnical engineers, contractors, and structural engineers; and litigate your claim through the appeal process, if necessary.  Rest assured that your sinkhole damage claim will be thoroughly evaluated, investigated, and litigated in order to ensure that you are fully compensated by your insurance company. 

When it comes to dealing with multiple buildings and properties managed by LCAMs, for example, don’t give your claim to a law firm who handles only smaller, single-family homes.  The larger the loss, the more the need for documentable experience and proven success. As a property owner, you have rights when it comes to sinkhole damage.  I tried my first sinkhole case in 1999, and have since successfully represented insureds in claims for sinkhole damage and are prepared to force your insurance company to honor your claim. 

Corless Law Group counsels many types of insureds – including multi-unit properties, businesses, homeowners associations, LCAMs, and their representatives – to recover benefits on sinkhole damage insurance claims throughout the State of Florida.  We provide valuable insight to help you navigate the claim process and complex sinkhole laws while serving as your dedicated advocates.

Corless Law Group can document record-setting verdicts for larger properties and against the largest insurers, from discovery through verdict and appeals to the highest courts.  Click here to view results we have obtained while representing Boards of Directors who are policyholders in sinkhole claims.  If you want to talk to our former clients in this context, we can provide specific references.

Sinkhole damage insurance claims are scrutinized by adjusters who are looking for defenses.  As a result, Corless Law Group approaches the investigation and resolution of your sinkhole claim with the utmost care, attention, tenacity, diligence, and technical skills.  We’ll fight for the money you deserve to stabilize and repair your property and business.  

If your sinkhole claim is denied, it is imperative to hire an experienced sinkhole damage insurance attorney to help you with an existing claim against your homeowner’s insurance company.    Whether in the courtroom or during settlement negotiations, Corless Law Group can obtain full and fair payment on sinkhole damage insurance claims.  Contact us at 813-258-4998.

Trials are fundamental to the administration of justice.  On January 20, 2022, our client Mrs. Bingham will have her day in court as our law firm pursues full and fair compensation stemming from sinkhole damage while seeking punitive damages against her insurer, Tower Hill Preferred Insurance Company (hereinafter “Tower Hill”).  

For details about this watershed case, we encourage you to read our newsletter and blog.  After perusing these materials, if you have experienced a similar treatment by your insurer, please contact us at 813-258-4998.  We continue to collect evidence in Mrs. Bingham’s case and would be grateful to hear from you.  

Statutory Authority 

Florida law provides a civil remedy for insureds when their insurance companies engage in bad faith.  Under Florida Statute § 624.155, a person may bring a civil action against an insurer when such person is damaged by the insurer’s violation of statutory provisions, all designed to level the playing field between well-funded insurers and their insureds. 

If an insurance company doesn’t play by the rules, it can be ordered to pay substantial punitive damages as punishment.  Florida Statute § 624.155(5) states punitive damages can be awarded where the violations are so frequent as to indicate a “general business practice.”  When an insurance company intentionally denies or does not cover a valid residential insurance claim, the insurer may have breached its contract by not acting in good faith and fair dealing.  When insurance companies fail to uphold their duties to insureds, those customers have a right to file a claim based on breach of contract.  After the breach of the policy is established, the insured may then pursue punitive damages.

The Court examined the proffer of evidence made by our firm on behalf of Mrs. Bingham, pursuant to Section 768.72, Florida Statutes.  While the Court’s findings are procedural in nature, the Court’s Order established we have met the threshold of proof to now be able to present evidence seeking punitive damages.  A trial is set for January 20, 2022.  Ultimately, whether punitive damages are appropriate will be decided by a jury.

“Punitive damages are intended to express society’s collective outrage for the insurer’s misconduct and deter similar egregious behavior in the future by punishing the defendant,” notes Ted Corless.  “In this case, the Court granted Mrs. Bingham the required permission to seek punitive damages against Tower Hill.  We can show Tower Hill treated 50 additional insureds in the same manner as Mrs. Bingham.”    

Money Talks

Punitive damages may be significantly more than out-of-pocket expenses or the principal as they are paid in excess of the insurance claim and are based upon the financial strength of the insurer.

When dealing with your insurance company, keep an eye out for bad faith practices and document any actions or inactions made by your insurer and its representatives, so that they may be held responsible for their actions later on.

The underpinnings of a bad faith case with teeth usually include actions by the insurance company that demonstrate they are acting in the best interests of their own pocketbook, and not in the best interests of its insureds. 

Justice for Mrs. Bingham 

In an active case styled Bingham v. Tower Hill Preferred Insurance Company, in Pasco County, Florida, our firm has a pending bad faith case with punitive damages against Tower Hill.  

As more fully described in the Complaint, our client accuses Tower Hill of engaging in a general business practice to leverage a class of insureds, and not just one family.  With regard to the sinkhole damage claim in Bingham, our firm’s investigation revealed a general business practice of prohibited and unlawful conduct in more than 50 other sinkhole claims.  If believed by a jury, this information would prove the insurer’s conduct was more than just a single act by a rogue claims adjuster. 

Tower Hill disputes these accusations, as is described in their Answer.  Tower Hill alleges their conduct was within the standard of care it owed to its insureds.  It also claims much of the evidence means something else, and not what is alleged in Mrs. Bingham’s Complaint. 

We have asserted that Tower Hill’s conduct was not an anomaly in Mrs. Bingham’s case but instead a consistent bad faith handling of sinkhole damage claims that was a “general business practice.”  If the jury believes both the theory described and the evidence supporting it,  the door may swing open for a verdict worth millions.  Conversely, the jury could reject her theories, and instead find for Tower Hill.

We never want another insured to experience the type of egregious, unlawful, and prohibited behavior we believe Tower Hill engaged in against Mrs. Bingham.  To find out if you or your current lawyer can pursue punitive damages for an insurance claim, call our experienced Florida insurance claim attorneys at 813-258-4998.

About Corless Barfield Trial Group

Our law firm has helped hundreds of insureds recover more than $500 million in compensation for insurance losses.  The greater the complexity of the case, the more frequent collaboration and sharing of resources is required.  We are retained by other law firms that seek expertise in cases that compel punitive damages.  Call 813-258-4998 for a free consultation.  

As a law firm that aggressively fights to secure insurance coverage for insureds who experience property damage or property loss, we have witnessed firsthand an uptick in Large Loss insurance claims involving flood, windstorms, fire, hailstorms, sinkholes, and tropical storms/hurricanes due to the climate crisis.  

Claude Tankersley, Public Works Administrator for the City of St. Petersburg, Florida explained:  “The Bay is at least eight inches higher than it was back in the 1940s. And eight inches doesn’t sound like a lot, but in such a flat area as we are, eight inches can mean the difference between a street flooding every now and then, or not.”  And that’s not even the worst of it; climate change threatens Florida’s Atlantic coastline, where Miami, Palm Beach, Daytona, and Jacksonville are located, as these cities are among those that are most likely to be affected by climate change.   

Hurricane wind speeds and rainfall rates are likely to increase as the climate continues to warm, which can make insurance more expensive or difficult to obtain.  Cities, roads, railways, ports, and water supplies in Florida are vulnerable to the impacts of storms.  Coastal homes and poorly constructed infrastructure will flood more often as sea levels rise, because storm surges will become higher as well.  As a result, rising sea level is likely to increase flood insurance premiums.

We’ve seen the cost of insurance creeping up with hurricane season progressively worsening each year due to climate change.  HOA fees will likely significantly increase along with the rising cost of insurance.  In general, the laws help insurance companies but leave homeowners more vulnerable, holding policies that offer less protection or without coverage when disaster strikes.  This is why you need a property damage insurance lawyer on your side to counsel you and represent your interests when there’s a loss.  Get in touch with us by calling 813-258-4998.  

The impacts of climate change can be felt throughout Florida but what’s unique is that the climate crisis disproportionately affects low-income communities and communities of color, which have the fewest resources to recover from property damage.  Communities of color and low-income areas in Florida are disproportionately exposed to extreme climate threats, and they are more often located in or near flood-prone areas or toxic waste sites.  The systemic environmental racism that exists in Florida (and elsewhere) is inextricably linked to issues of economic inequality, environmental racism, and climate change.   Florida must invest in equitable climate infrastructure and Corless Barfield Trial Group is committed to working with these communities to help them assess insurance policy language and address insurance disputes over property damage. 

Long-term goals should include investing in resilient infrastructure, building better and stronger, stop developing in risky areas (as in the tragic case of the Surfside Condo Collapse) and get all residents on board for the changes that have to take place. The larger-scale solution is to slow down the physical effects of climate change by pumping fewer emissions into the atmosphere.  But in the here and now, if you experience any type of property damage or property loss, please call us at 813-258-4998.  

To date, here is what we know about the Champlain Towers South building:  On Thursday, June 24, 2021, a video captured the collapse of the inner core of the structure, bringing it almost completely down, creating a large pile of rubble under which an unknown number of people are currently being rescued or located.  The destruction to the structure is extraordinary, with the remaining structure resembling the damage caused by Timothy McVeigh using explosives contained within a U-Haul Truck to destroy the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma.  While the Murrah Building attack resulted in the deaths of 168 people, so far, only one death has been confirmed in the Champlain Towers, but at least 99 people are unaccounted for.  The damage at Champlain Towers South also appears different from the Murrah Building.  While the damage to the Murrah Building represented lateral, side-to-side damage caused by the explosion of the U-Haul filled with explosives, the damage to the Champlain Towers building appears to be the core of the structure collapsing.

Currently, the cause of the damage to the structure or what triggered the collapse is unknown.  It may take months before the actual cause of the collapse is established.  The building is owned and operated by the Champlain Towers South Condominium Association, Inc., like the insured under a commercial policy of insurance for the structure.  The Champlain Towers South building consists of 136 units on a 12-story structure.  Built in 1981, the property consists of one-, two- and three-bedroom units, according to real estate records. Most are between 1,200 and 2,243 square feet.

Whether the families residing at Champlain Towers South will be able to seek coverage under their policy will ultimately turn on what caused the building to collapse.

Collapse is a “Peril Specific” Coverage Issue 

Most commercial insurance policies for condominiums contain standard, “collapse coverage” in the event a building is reduced to rubble, as this was clearly has.  A standard collapse provision describes this “peril-specific” inquiry associated with a building, collapsing as this has:

ADDITIONAL COVERAGES:  (1) Collapse – We pay for loss caused by direct physical loss involving collapse of a building or structure or any part of a building or structure caused only by one or more of the following:

(a) specific perils; all only as covered in the Commercial Property coverage;

(b) hidden decay;

(c) hidden insect or vermin damage;

(d) weight of people or business personal property;

(e) weight of rain that collects on a roof; or

(f) the use of defective material or methods in construction, remodeling, or renovation if the collapse occurs during the course of the construction, remodeling, or renovation.

For context, “hidden decay” could refer to the hidden decay of the structural members, although the extent of such decay would have taken years to develop and would likely have been known to the owners or their insurers.  The most common claim comes from the hidden decay in single family residences, where the home sits upon wooden cross beams consumed by wood destroying organisms (e.g. termites).

History of the Champlain Towers South Building

The public records associated with Champlain Towers South reflects that the property has been inspected, as required every 40 years, and passed without reference to any significant decay of the structural members.  However, it was reported that Shimon Wdowinski, a Harvard-educated professor at Florida International University in Earth and Environment, had previously inspected the building.  In his 2020 report, Wdowinski states that the building was sinking, at a rate of 2mm a year in the 1990s, and may have continued, at an unknown rate. 

For now, the focus remains less on what caused the collapse, and instead focus on rescuing any victims trapped in the rubble.  As was the case in the excavation of the World Trade Center after the attacks on September 11, 2001, locating and recovering bodies, alive or otherwise is difficult and a continued threat to first responders, given the unstable condition of the remaining structure.

The other potential explanation could be damage caused by sinkhole loss, which the Corless Barfield Trial Group is especially familiar with.  There are then two kinds of sinkhole coverage, one commonly referred to as “standard” sinkhole coverage, or a second, referred to as “catastrophic collapse,” where the building damage is so severe, the building must be condemned by local authorities.  Certainly, a complete investigation of the property would include geotechnical exploration of the subsurface to determine the state of the limestone upon which the building was constructed.

For now, the families with missing persons associated with the building must wait until a plan to locate and rescue the parties who remain unaccounted for, and the insurance issues will have to wait until more information can be gathered.

As a nationally recognized insurance dispute and property damage trial law firm, we are known for securing record-breaking results for our clients.  Nevertheless,  the coronavirus crisis continues to impact Florida courts.  Most courts have not been allowed to move forward in their plans to reopen for in-person trials due to a rise in COVID-19 cases and more contagious strains of the virus.

Recently, some criminal trials have begun to take place but criminal cases take priority over civil lawsuits.  In fact, the Florida court system has asked civil trial judges to step in to assist with the backlog of criminal trials.  As a result, many civil cases must wait until courts have cleared the logjam of criminal cases.

Corless Barfield Trial Group is proud to participate in Florida’s first federal civil jury trial to take place entirely via Zoom in a case styled Cheryl Staple v. Northwestern Mutual Life Insurance Company.  However, trials in the era of COVID are the exception rather than the rule. 

Judges state they do not expect civil trials to start back up in earnest until June 2021 at the earliest.  Courts are adapting their operations to establish a new normal, which includes very limited in-person hearings and remote jury trials.  As such, patience and perseverance must be practiced. 

If you have an insurance dispute or property damage claim, you should speak with a lawyer.  Any delay in seeking representation can lead to a loss of evidence and fewer opportunities to successfully resolve your claim.  If you are engaged in a dispute over the following, call 813-258-4998:

• Sinkhole Damage
• Flood Damage
• Fire Damage
• Wind Damage
• Hurricane/Storm Damage
• Life Insurance
• Construction Defects
• Mold Damage

Our goal is for your case to move forward in a timely manner.  Please be assured that we have a plan in place and that our firm will always work hard to ensure success.  We will make every effort to exceed client expectations during the coronavirus crisis. 

Above all, be safe and take care of yourselves and your families.  If you have any questions or concerns, please contact our office. 

In a case styled Bingham v. Tower Hill Preferred Insurance Company, the Court on September 1, 2020 granted Elise Bingham’s motion for leave to seek punitive damages in a loss occurring on November 11, 2010 for sinkhole damage.  Despite the fact Tower Hill Preferred Insurance Company (“Tower Hill”) was aware an engineering firm had confirmed damage to the policyholder’s home as being caused by sinkhole activity, Tower Hill spent more than four years defending the claim and refusing benefits to Elise Bingham (“Mrs. Bingham”).  As more fully detailed in the Third Amended Complaint, after abandoning its defenses on November 4, 2014, on the eve of trial, Tower Hill was sued for “bad faith” under Section 624.155, Florida Statutes.  

During its multilayered investigation of the insurer’s bad faith practices, Corless Barfield Trial Group discovered more than 30 other insureds who faced the same allegations and tactics taken against Mrs. Bingham by Tower Hill.  These included the use of spurious allegations of concealment and fraud, despite the fact Mrs. Bingham provided all documents requested and information sought by Tower Hill in its adjustment of the claim.  Additionally, Tower Hill used a formula for assessing the amount due, rather than basing its claims offers on the undisputed amount of the damages, which exceeded Mrs. Bingham’s policy limits.  

Without making any factual findings, the Court ruled that Corless Barfield Trial Group had sufficiently documented evidence of a potential general business practice, as set forth under Section 624.155(4), establishing bad faith on the part of the insurer.  A copy of the Complaint detailing Mrs. Bingham’s theories and supporting evidence can be read here. 

At the hearing on the motion to add punitive damages, Corless Barfield Trial Group presented evidence of similar conduct in other claims, as well as the willful and wanton denial of benefits, which the Court found to be sufficient to permit Mrs. Bingham to now seek punitive damages against Tower Hill. 

Tower Hill continues to deny wrongdoing and disputes any allegations of a general business practice to deprive any insureds of benefits due.  A copy of Tower Hill’s answer to the Third Amended Complaint can be reviewed here. 

“Some cases compel juries to award significant punitive damages in order to send a message to the insurance company to stop its illegal practices and change the way it does business.  This is one such case that has the potential to become a real-life nightmare for Tower Hill,” states Ted Corless, Esq.

“Time and again, Tower Hill failed to investigate Mrs. Bingham’s claim properly. Time and again, Tower Hill made false statements, took actions to leverage her to accept less than what was due to her.  We hope that through this next phase of legal action, we can bring the truth to light, create accountability for Tower Hill’s wrongdoing, and help prevent such financial and emotional misery from happening to anyone else,” notes Ted Corless.  

Practically from the start, Tower Hill did not follow its own policies and procedures resulting in Mrs. Bingham’s claim being seriously compromised.  Thankfully, the law provides a recourse.  Florida law permits insureds to seek punitive damages against an insurance company after establishing by evidence in the record that the violation of the insured’s rights occurred with such frequency as to indicate a “general business practice.”  See Section 624.155(4). 

The process for seeking punitive damages obligates the insured to make a “proffer” of evidence into the record to support the existence of general business practice to not only act against the insureds in a “willful or wanton” manner but also that other, similarly situated insureds suffered the same fate. 

Under the law, the court serves as “gatekeeper” to assess the evidence proffered by the insured as to why punitive damages should be sought against the insurer.  This is mainly due to protect insurance companies from both the cost of such claims and the existential threat to any insurance company’s existence.  In its consideration of the proffer, courts do not determine whether punitive damages should be paid, but instead focus on whether an insured has demonstrated a basis to seek recovery of such damages when presented to a jury. 

Insurers have a substantive right not to face punitive damages unless a court has found that an insured’s theory and proffer meet its threshold.  In this case, the Court unmistakably held that Tower Hill can face punitive damages. 

Corless Barfield Trial Group seeks any further information as to the allegations in the Complaint.  If you are insured with Tower Hill or were insured under any of the policies sold under the Tower Hill Insurance brand, and you believe that you have suffered a similar fate as described in the Complaint, we’d appreciate the opportunity to discuss these matters with you.  You are encouraged to contact us about this investigation and your legal rights and options by calling 813-258-4998 (Ted Corless, Esq.) or emailing service@corlessbarfield.com.  All communications remain confidential.  

For information about Corless Barfield Trial Group’s success, click here.

About Corless Barfield Trial Group 

Corless Barfield Trial Group, a nationally recognized high-stakes insurance dispute law firm, has over 75 years of combined experience in the area of insurance law.  Founded in 2012 by Ted Corless, the firm has recovered more than $500 million for policyholders and personal injury clients throughout Florida.  Ted Corless has more than 25 years of experience in federal and state courts, and he has represented owners of multi-unit dwellings, property managers, homeowners, Homeowners Associations, Community Association Managers, and Licensed Community Association Managers in more than 50 jury trials.  Specializing in insurance disputes and personal injury law, Corless Barfield Trial Group differentiates itself with deep legal expertise, a mastery of technology in the courtroom, and a compelling manner of storytelling. 

URL: 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.