If your condominium was insured by Lloyd's of London or one of its franchisees and filed a claim to

If your condominium was insured by Lloyd’s of London or one of its franchisees and filed a claim to collect insurance proceeds for damages caused by Hurricane Wilma, taste of chaos tour tickets your association is likely part of the class action and therefore may be entitled to additional funds.  On June 9th, the United States District Court for the Southern District taste of chaos tour tickets of Florida granted preliminary approval of a class action taste of chaos tour tickets settlement concerning the improper application of separate hurricane deductibles on policies issued through various underwriters. Policyholders who submitted claims for hurricane damage to Lloyd’s of London under surplus lines policies will be entitled to compensation if the policy itself did not comply with Florida law.
Section 627.701(4), Florida Statutes, requires property insurance policies to include the following language in large boldface type: “THIS POLICY CONTAINS A SEPARATE HURRICANE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT taste of chaos tour tickets IN HIGH OUT-OF-POCKET EXPENSES TO YOU.”  The statutes prohibit carriers from issuing policies with deductible provisions that apply solely to hurricanes or those which calculate the deductible on a percentage basis rather than a specific amount unless the deductible provision is “clear and unambiguous”.  This issue became the subject of several lawsuits taste of chaos tour tickets filed after Hurricane Wilma. The question whether the policyholder has remedies against the insurer and manner of calculating damages is now pending before the Florida Supreme Court in a case involving a condominium in Boca Raton.
taste of chaos tour tickets The preliminary settlement provides for a $39 million settlement fund.  A portion of that amount taste of chaos tour tickets is allocated for attorney s fees and costs. Eligible recipients will receive up to 65% of the original miscalculation, which can be significant in many cases since hurricane deductibles averaged 3-5% of the policy amount.  In the case pending before the Supreme Court involving a different carrier, the deductible exceeded $1.5 million.
Under the proposed class action settlement, class members holding applicable Lloyd s policies should receive written notification of eligibility with a notice taste of chaos tour tickets of claim form.  If you haven’t received a claim form its worthwhile to verify what coverage was carried on the buildings and improvements during the relevant taste of chaos tour tickets period of time.  There are two categories taste of chaos tour tickets of potential claimants:
Potential class members have until August 29, 2011 to submit a claim or opt out.  Final hearing on objections to the settlement is scheduled for September 30, 2011.  If you need more information please contact t he claims administrator, Kurtzman Carson Consultants, ph: 866-381-9100; E -mail info@kcclic.com .
DONNA DIMAGGIO BERGER is a Shareholder with the law firm of Becker taste of chaos tour tickets & Poliakoff. She has represented all types of shared taste of chaos tour tickets ownership communities throughout Florida over the last two decades and has worked closely with the Legislature to shape the laws that govern private residential communities. LISA MAGILL is a shareholder in Becker & Poliakoff's statewide Community taste of chaos tour tickets Association Law practice group. She has been a leader of and active in various organizations dedicated to community association issues, taste of chaos tour tickets especially outreach and education. LINDSAY RAPHAEL a partner with Tripp Scott, focuses her practice on condominium and homeowners association matters, as well as property financing and transaction counsel to buyers, sellers, lenders and developers of residential and commercial real estate. She is a regular contributor to Condo Management Magazine . JEAN WINTERS has focused on representation of both community associations and homeowners living taste of chaos tour tickets in associations since 2006. She is a partner at Winters & Winters, P.A. The firm has more than 30 years of combined experience in real property law. Connect with us
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Disclaimer The information and materials on this blog are provided for general informational purposes taste of chaos tour tickets only and are not intended to be legal advice. Being general in nature, the information provided may not apply to your specific factual or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship taste of chaos tour tickets be implied. Nothing on this blog is intended to substitute taste of chaos tour tickets for the advice of an attorney. If you require taste of chaos tour tickets legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.