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Understanding Insurance Litigation for Homeowners: What Really Happens When a Claim Goes Wrong

Understanding Insurance Litigation for Homeowners: What Really Happens When a Claim Goes Wrong When you buy a homeowners insurance policy, you’re basically paying for peace

Roof payment schedules: what they are and why homeowners should pay attention

Roof payment schedules: what they are and why homeowners should pay attention If you’ve ever had roof damage from a storm, you know the stress

Why Condominium & HOA Boards Must Conduct Post-Storm Inspections and Promptly Report Insurance Claims in Florida

Why Condominium & HOA Boards Must Conduct Post-Storm Inspections and Promptly Report Insurance Claims in Florida Florida’s climate makes community associations uniquely vulnerable to severe

The Importance of Prior Claims and Why You Should Tell Your Attorney About Them

Think of your attorney as your shield — but a shield only works if it knows what to protect. One of the important considerations in

Checking And Understanding Policy Endorsements

When purchasing a homeowners insurance policy in Florida, many people understandably focus on the basics—how much the policy costs and what it covers in terms

Is it too late to file my Hurricane Milton Claim?

Hurricane Milton made landfall near Siesta Key, Florida on October 9, 2024, as a category 3 hurricane. As hurricane Milton swept across the State of

The Importance of Uninsured/Underinsured Motorist (UM) Coverage in Florida

Florida is well-known for its booming population and busy roadways. However, about 20% of drivers in Florida are uninsured. Thus, roughly 1 in 5 vehicles

A Homeowner’s Guide to the Appraisal Process

A Homeowner’s Guide to the Appraisal Process Filing a claim can be intimidating, and at times, it may feel like insurance companies have all the

What is a Civil Remedy for My Case?

What is a Civil Remedy for My Case? Have you made a homeowner’s insurance claim and believe your insurance company is acting in bad faith?

Do You Know What’s In Your Insurance Policy?

In Florida, where hurricanes are not a matter of if but when, a lower property insurance premium might not be in your best financial interest.

Proper Documentation of Claims

Since I was a detective working financial crimes investigations documentation has been the most important and effective tool in obtaining the desired outcome. This sentiment

What Homeowners Should Know About Hurricane Deductibles

With Florida facing multiple hurricanes impacts in one season, homeowners should know that if they made a hurricane claim and then sustain damage from additional

New 10 Day Right of Recission

Effective July 1, 2024, Florida residential property owners can cancel a contract to repair or replace a roof without penalty or obligation within 10 days

Your Policy May Contain Critically Important Water Damage Endorsements

Florida is growing at a rapid rate; this is not news to most Floridians. As a result, Insurance Brokers are often selling policies at such

Help! My insurance company is asking for a plethora of information regarding my claim & why do they need all of this information?

Florida, insurance policies often include post-loss conditions that policyholders must follow after experiencing a loss. These conditions are critical for ensuring that the insurance claim

What Alternatives do I Have to Suing My Insurance Company?

A homeowners’ insurance policy is a two-way street, requiring both the homeowners and the insurance company to uphold their end of the bargain. The homeowners

Understanding Your Plaintiff Deposition: What You Need to Know

If you have filed a lawsuit against your insurance company, one of the first things the attorney for your insurance company will likely do is

The Need for Transferable Water Mitigation Credits

Mitigation credits are an important part of our current land use system. They provide important liquidity to otherwise environmentally encumbered land while striking a balance

What Happens When My Claim Goes into Litigation?

The litigation process can be a very foreign process for the average person. The first part of the process is filing a Complaint against the

Updating Your Policy to Protect Future Claims

One of the more overlooked aspects of purchasing automobile insurance is updating your insurance company when your children become of driving age. Your insurance company

What is the Residence Premises Clause?

Most policies provide insurance coverage for the Residence Premises and though each policy’s definition of the Residence Premises varies, most define the Residence Premises as

Save Your Records!

Insurance carriers often try to avoid paying for a covered loss by claiming the damages predated the loss and were caused by misplaced policy exclusions

Deep Dive on Insurance Deductibles

In almost every homeowner’s insurance contract, there is a deductible that the homeowner is required to pay before insurance proceeds become due and owing. Many

Tips for Filing an Insurance Claim

If you have observed damage to your home, you may have considered filing an insurance claim. Here are a few things to be mindful of

Selling My Home While Litigiating Against My Insurance Carrier

There have been many times throughout my years of practice that I have been asked the question: “Can I sell my home while I am

Recently Moved to Florida? A Few Things to Keep in Mind Regarding Florida Homeowner’s Insurance Claims That Might Surprise New Floridians.

In 2014, Florida was considered the Country’s 3rd largest state in population, and growing at a rapid rate. Often State Leaders are heard estimating that

Do I Need To File a New Claim?

If you have already made a claim on your home before, you are likely in one of three different situations that would require reporting the

Repairing Your Property During an Insurance Dispute

In accordance with your homeowner’s insurance policy, part of the duty of the Insured is to allow for inspection of the damaged property by the

Insurance Company Insolvency and FIGA

Insurance company insolvency can be a significant issue for policyholders, as it can result in unpaid claims and financial losses. In Florida, the Florida Insurance

Before, During and After A Storm: Why Homeowners Insurance is so Important.

As homeowners, we invest significant time and resources into creating a safe and comfortable space for ourselves and our loved ones. However, unforeseen natural disasters

Property Insurance Litigation: “Crisis” or Crying Wolf?

Property insurance rates are skyrocketing across Florida. There is no doubt a crisis in rising rates, but our legislature has blamed litigation for it. Governor

My Claim was underpaid and is Now Limiting the Scope of Appraisal. What does this mean?

Many homeowners are guilty of the same thing- they have never read or understood their homeowner insurance policy. Buried towards the end of the policy

Effects of Modifying Your Property with a Pending Homeowner’s Insurance Claim

Did you know that making repairs to your property with a pending claim can have a potentially drastic effect on your claim or case if

What is a Pre-Settlement Build and Why is it Important?

Delay is one of the many tactics employed by insurance carriers when it comes to the adjustment or litigation of an insurance claim. Delaying the

What Does Passing Senate Bill 2-A Mean for You?

With the passing of Senate Bill No. 2-A, approved by Governor DeSantis on December 16, 2022, the landscape of Florida’s home insurance industry moving forward

The Calm Before the Storm

Having home insurance in Florida is an absolute necessity. Large wind and hailstorms damaging properties across Florida is nothing new. Unfortunately, insurance companies do not

Funding is Here to Protect Your Home from Storms!

The State of Florida has launched a program called My Safe Florida Home to help certain homeowners perform wind-mitigation efforts on their properties. These wind-mitigation

How Long Is My Case Going to Take?

This is a question we are often asked and a very reasonable one given why you have come to us. More likely than not, you

The Importance of Getting an Inspection Done After a Hurricane as a Property Owner

Hurricane Ian recently touched down here in Florida and in its wake left damage throughout the state. Most people tend to think they only have

Documents from the Purchase of our Home to Hold on to for a Potential Insurance Claim

The purchase of a home, especially in today’s seller’s market, will leave most buyers exhausted, and inundated with what seems like endless amounts of paperwork.

Why Do I Need an Attorney Before the Insurance Company Has Made Their Coverage Decision?

As a first-party property damage attorney, I consult homeowners at all phases of the pre-suit spectrum. Some approach our firm from the moment they report

Prompt Notice of Claim: What Does It Mean and Why Is It Important?

Picture this - your home is damaged by a storm, but the damage is minor. Maybe some hail damaged your fence, or you got "lucky"

How HOA’s and COA’s Impact Property Damage Claims

Anyone who has ever lived in an Homeowners Association (“HOA”) or Condominium Owners Association (“COA”) community will start off with the upsides: my yard work

How Long Is My Case Going To Take?

This is a question we are often asked and a very reasonable one given why you have come to us. More likely than not, you

Keeping It Simple: Four Things a Homeowner Should Do To Make The Claims Process Easier

Besides a spontaneous pipe burst and the like, living in the state of Florida as we all know means hurricane season for roughly half the

Uninsured Motorist Coverage – Get This Yesterday

Today we will discuss uninsured motorist coverage in the state of Florida and you should have it and if you don’t have it, you should

How Legal Proceedings Have Changed After COVID-19

One of the main changes in the way that legal proceedings have changed as a result of the COVID-19 pandemic is that the majority of

5 Tips On Protecting Your Home From Hurricane Damage

It is that season again that we all dread. No, not tax season, hurricane. Thankfully we have been fortunate to have not been hit by

Why are Insurance Policies in the News? Don’t Be Bullied By Skewed Reports

Over the past few years there has been an explosion in the amount of publicity regarding homeowner’s insurance claims. A large amount of this publicity

10 Tips to Making Your Home Safer and More Secure

As a new homeowner myself and still with young kids in the home, I did some research on ways I could improve the safety of

The Importance of Picking an Experienced and Quality Appraiser

Appraisal – If you are like most of my clients, the first question when you hear the word “appraisal,” is what is it? Insurance policies

Slip and Fall Accidents Happen All of the Time: Here’s What You Need to Know About Florida Slip and Fall Laws

Slip and fall accidents can occur within a blink of an eye, but the catastrophic damages that they cause can remain for a lifetime. After

Why Civil Remedy Notices Are Important After Claim Denial

You have suffered a loss to your home and filed an insurance claim; what do you do after? First you should find an attorney to

Mandatory Bodily Injury Coverage in Florida? Almost.

Today we will discuss what almost was and what most assuredly will be in the State of Florida and how it will affect you, Florida

How Much Homeowner’s Insurance Do You Really Need?

What is homeowner's insurance and how much do you need? Homeowner insurance is a type of property insurance that protects your private home. Homeowner’s insurance

How The Litigation Process Works

Litigation is not a fast process. It is controlled by the Florida Rules of Civil Procedure which lays out processes and timelines for litigation to

Knowing Your Homeowner’s Insurance Coverage Is Important

If you’re a homeowner, you most likely have insurance coverage to protect your property. The Federal Alliance for Safe Homes, Inc. (FLASH) provides a great

5 Tips for After a Hurricane

Based on representing clients after historic Hurricane Michael, a Category 5 Hurricane When Hurricane Michael made landfall on the gulf coast, I was representing insurance

The Importance of Reviewing Your Insurance Policy

Most homeowners when faced with purchasing home insurance fill out an application, receive the policy and then throw it in the drawer without fully reviewing

I Filed a Roof Claim and Have an Attorney. What’s next?

If you have filed a claim with your insurance company and hired an attorney, this is likely a thought that goes through your mind. Normally

Involved in a Car Accident? Here’s What You Should Do.

A car accident is a traumatic experience that can leave you feeling confused and overwhelmed as you try to figure out what happened, what injuries

My Home Was Damaged by a Storm. What does my Insurance Require me to do?

Suffering damage to your home is overwhelming. It is your biggest asset and provides security for you and your family. Nobody wants to worry about

If Your Roof isn’t Too Old to Insure, It’s Not Too Old Claim

At a young age we all learn that we have to honor our commitments. That a deal is a deal, and you shouldn’t go back

Understanding Surplus Lines Insurance Policies: Why You Might Need One

Insurance Companies might choose not to renew your homeowner’s insurance policy for any number of reasons. The most common of these reasons is simply that

The Importance of a Roof’s Underlayment

Your roof protects your home from the elements. Most people, when thinking of roofs, think of shingle or tile roofing, and the importance of roofing

Recent Florida Storms May Have Caused Damage to your Property

One of the most common issues I encounter when representing Florida homeowners relating to property damage caused by a storm or hurricane, is the issue

The Importance of Reviewing Your Purchase Inspection

Purchasing a home is an exciting time. It is also a hectic time, with what can seem like a mountain of paperwork to review and

Repair Versus Replacement of Roofs in Florida

Your roof was damaged from a storm or hurricane. Your insurance company agreed that your roof was damaged, but only provided payment to repair a

Policy Renewals and Purchasing a Policy during COVID-19

While it appears the worst of the COVID-19 Pandemic is behind the Nation, the ramifications across the Home Owner’s Insurance market in Florida are still

What Are Your Options: Non-Renewed Home Insurance

Insurance companies often catch their policy holders off guard when they choose to issue a notice of non-renewal. One should note that an insurance company

COVID and Your Court Date

Courts, already overburdened by case loads, have found themselves in even more of a backlog due to COVID-19 pausing jury trials. As a result, cases

Mortgage Moratorium and Forbearance Periods: Are you at risk for Foreclosure?

With the coronavirus pandemic, many people have found themselves in a position where they are unable to make ends meet, resulting in a failure to

Debating a Trial Court Venue In Florida

If you feel that a contracted with party has breached the terms of your agreement, absent specific language in the contract, any trial court in

Can My Insurance Company Drop Me?

A question I am often asked is, can my insurance company drop me? First, we must properly define the terms “dropped” and “nonrenewal”. Oftentimes people

How To Get Florida Homestead Protection and How It Protects You

How can you get it and how does it protect you? Homestead exemptions are incredible laws that protect families living in the state. The concept

What To Do When a Family Member With An Open Homeowner’s Claim Dies Without A Will.

Due to the global Coronavirus pandemic, people who would otherwise be expected to live a long fruitful fulfilled life are finding themselves on death’s door

How the Florida No Fault Act Affects PIP Insurance

The foundation of the Florida No-Fault Act, codified in Florida Statute § 627.736 is to provide swift and virtually automatic payment so that the injured

Protecting Yourself from a Social Media Defamation Lawsuit

Social media has become a part of our daily routines. Each day we absentmindedly scroll through Facebook and Instagram or shoot off tweets on Twitter.

Florida Speedy Trial Rights

With COVID-19 halting jury trials across the country, it has sparked curiosity about Florida’s speedy trial rights. In Florida, as with every state, the government

Can you Refinance your Home with an Open Homeowner’s Insurance Claim during Covid-19?

Covid-19 has affected nearly every household across the nation, financially. And, if you are among the many that have been financially affected, you ideally want

Your Rights and Duties Under a Lender Placed Insurance Policy

A “lender placed policy” or “force-placed policy” is insurance coverage put in place by your mortgage company or lienholder when you have not purchased insurance

Hurricane or Storm Damage: What You Don’t Know Could Hurt You

Hurricane or Storm Damage: What You Don’t Know Could Hurt You After a hurricane or big storm, homeowners usually check for damages caused by fallen

The Basics of the “Stand Your Ground” Law

A person who is in a dwelling or residence in which the person has a right to be had no duty to retreat and has

The Importance of Complying with Insurance Company Requests

If you’ve ever made a claim, you were likely sent letters requesting things like documents, recorded statements, inspections and even Sworn Proofs of Loss. Like

What to do During the Insurance Company’s Inspection

Shortly after filing a claim with your Insurance Company, you’ll usually be contacted in order to coordinate the inspection of your property in connection with

Review This Section of your Insurance Policy ASAP

Everyone frequently talks about the standard things that you need to prepare for a hurricane - stock up on water, batteries, flashlights, canned foods, etc.

Survival Guide to Homeowners Associations

Many loathe them, but they continue to dominate the residential arena here in the state of Florida. Homeowners associations (HOAs) and condominium associations (COAs) are

I Have A Roof Claim But I’m Worried About The Attorneys Cost

A windstorm, hailstorm, or hurricane happens and you are worried about your roof. You talk to a roofing contractor and they tell you that you

How to Handle an Insurance Inspection for Sustained Hurricane or Storm Damage to your Property

You recently became aware of or noticed property damage to your home, and, if you’re like me, you’re probably thinking about how greatly inconvenienced you

You CAN Drive, Even After a DUI

The bad news is, it’s no secret that one night of fun can land you into some serious trouble with the law, and most often,

Hurricane Preparedness for the 2020 Season

The 2020 hurricane season is upon us and Cohen Law Group want to remind all to be prepared for the season. The National Oceanic and

Insurance Companies are NOT Your Friends

Despite how sweet and nice your insurance agent might be, no matter how kind the adjuster sounds on the phone, insurance companies often do not

Hurricane Irma Insurance Claims Deadline Approaching

Hurricane Irma caused massive property damage throughout Florida. Residential roof damage is one of the most common types of damage caused by Hurricane Irma. Unfortunately,

Fighting a Denial of Coverage for Wear and Tear Roof Damage

Within the realm of homeowners’ insurance roofing claims, among the most common reasons why insurers deny claims is wear and tear. “Wear and tear” refers

The Dangers of Right to Repair Clauses in Your Insurance Policy

When you file a claim with your insurance company after your property has sustained damage, the insurance company may elect to invoke its “right to

What is Ordinance and Law Coverage?

Ordinance and law coverage is extremely important for many reasons and many people don’t have a good understanding of how it works. Ordinance and law

What is UM coverage and why is it so important in Florida? 

Unfortunately, this is a common situation for many drivers since Florida currently does not require its residents to carry bodily injury liability coverage (BI) for

Ways to Keep Safe While Running Essential Errands

According to the Center for Disease Control (CDC), social distancing is vital right now as we work to slow the spread of COVID-19. One of

Can you get a new roof if it doesn’t trigger the “25% rule?” 

If you have a replacement cost policy with law and ordinance coverage, you may have a claim for roof replacement even if the peril created

Why Does My Insurance Company Want An Appraisal?

You might hear the word appraisal and think of the appraisal you have done when you purchase a house. However, in the context of property

Selling Your Home With An Open Insurance Claim

Selling your home during the pendency of an open homeowner’s insurance claim can raise a lot of legal questions. Whether you intend to retain the

Hurricane Irma Claim Closed, Can I Still Make a Claim For Newly Discovered Damage?

In 2017 homeowners across the state of Florida made claims with their insurance companies for damage to their roofs following Hurricane Irma’s devastating hit to

Why Make a Federal Case Out of It?

Imagine this scenario: you live in and own a house in Florida, and it is badly damaged by a storm. You file an insurance claim

How the Coronavirus Can Affect Your Insurance Claim

As the Coronavirus continues to spread throughout the globe, many industries will experience closures and slowdowns, as well as implement various protocols limiting their productivity.

Why Policy Endorsements Matter

Many times when you’re purchasing or renewing your homeowner’s insurance policy, you’re presented with a number of options that are advertised as ways to save

The Difference Between Arbitration and Mediation

Now more than ever, the overloaded Court systems throughout America are relying on alternative dispute resolution to resolve insurance claims. There are two primary forums

Have you been injured at a theme park?

When visiting central Florida, it is hard to resist spending even a little time in one of our flagship attractions such as Disney, Universal Studios

What is the difference between Nonrenewal vs. Cancellation

An insurer issuing a policy providing coverage for property shall give the first-named insured written notice of cancellation or termination other than nonrenewal at least
What To Do When An Insurance Company Becomes Insolvent

What To Do When An Insurance Company Becomes Insolvent

When an insurance company becomes financially insolvent, policyholders understandably will have a lot of questions. Whether you are still insured for future insurance claims and
Beware of Dubious Claims About CBD

Beware of Dubious Claims About CBD

In recent months, new products containing cannabidiol, otherwise known as CBD, have flooded in to the American marketplace. From essential oils and tinctures, to CBD-infused
Actual Cash Value, Explained Simply

Actual Cash Value, Explained Simply

It is generally described as the cost to replace or restore your property to pre-loss condition, minus any applicable depreciation (a deduction based on age,
Making a Claim for I-4 Ultimate Vehicle Damage

Making a Claim for I-4 Ultimate Vehicle Damage

In 2015, Central Florida began an expansive program to improve its highway system. This program is anticipated to last until at least 2021. As we
How Much Insurance Coverage Do I Need?

How Much Insurance Coverage Do I Need?

This is a very important question to know the answer to because if your home is completely destroyed in a hurricane, fire, tornado, or other
I Want to Change My Parenting Plan...

I Want To Change My Parenting Plan…

One of the most common family law requests we get here at Cohen Law Group is to change an existing parenting plan. For example, clients
Can I Still File a Claim for Damages Sustained as a Result of Hurricane Irma?

Can I Still File a Claim for Damages Sustained as a Result of Hurricane Irma?

In 2017, Florida’s 12 year string of luck avoiding a direct hit from a major hurricane came to an end as Hurricane Irma came crashing
Five Myths About Lawyers

Five Myths About Lawyers

Every lawyer is different. Every area of the legal system is different. However, not all lawyers are expensive. For instance, some attorneys will work for
4 Important Homeowners Insurance Rights

4 Important Homeowners Insurance Rights

It’s important to know that as a homeowners insurance policyholder in the state of Florida you have rights under the law when dealing with your
You Don't Have To Hit Your Head: Get Checked Out By A Neurologist After You Are In An Auto Accident

You Don’t Have To Hit Your Head: Get Checked Out By A Neurologist After You Are In An Auto Accident

If you or your loved ones are in a car crash, please get checked out by a neurologist for a traumatic brain injury (TBI). If
Navigating Class Actions Against State Agencies for Wage Violations

Navigating Class Actions Against State Agencies for Wage Violations

State agencies are among the largest employers, and as such, are likely to commit a myriad of wage and hour violations by the sheer volume
What Are Factors That Can Increase The Time for My Auto Accident Case to Settle?

What Are Factors That Can Increase The Time for My Auto Accident Case to Settle?

Drivers, when we left off the last time, we were discussing some of the reasons why a car injury case takes the time that it
Hurricane Michael: One Year Later

Hurricane Michael: One Year Later

Hurricane Michael struck the Florida Panhandle on October 10, 2019 causing 16 U.S. direct fatalities and causing an estimated 25.1 billion dollars in damages (1).
Hurricanes: A Homeowner's Guide

Hurricanes: A Homeowner’s Guide

We Floridians are no strangers to hurricanes; our communities have perennially endured the fury of such massive storms before, and we will do so again.
How To Prepare For Dorian Before You’ve Recovered From Irma & Michael

How To Prepare For Dorian Before You’ve Recovered From Irma & Michael

Similar to the last two years, we are seeing the activity in the tropics pick up steam late in the season with Dorian’s path projected
When A Policyholder Fails To Comply With Their Duties After Loss

When A Policyholder Fails To Comply With Their Duties After Loss

In order for a policyholder to forfeit their right to recover insurance benefits, there must first be a material breach of the policy. Therefore, the
Make Sure Your Homeowner Policy Has “Law and Ordinance” Coverage

Make Sure Your Homeowner Policy Has “Law and Ordinance” Coverage

After a property has sustained damage from a covered loss, the “Law and Ordinance” provisions in most homeowner policies provide coverage for the costs incurred
When Is Animal Damage Covered By Your Insurance Policy?

When Is Animal Damage Covered By Your Insurance Policy?

Here’s a fun reptile fact that you can tell your date, your young children, or your very herpetophobic friends: South Florida is the only region
New Florida Texting Law Effective July 1, 2019

New Florida Texting Law Effective July 1, 2019

The new law, which was signed by Gov. Ron DeSantis on May 17, 2019, went into effect on July 1, 2019. In explaining his support
What Is Miranda And How Does It Work In Florida?

What Is Miranda And How Does It Work In Florida?

You have probably heard the term “Miranda Rights” even if you have never been arrested. But what most people don’t know is what it means
Can I Get A Neck Injury From A Fender-Bender?

Can I Get A Neck Injury From A Fender-Bender?

This post will help you or a loved one involved in a car accident. No neck injury from a car accident is minor. You are
One Dead After Crash In Riverview

One Dead After Crash In Riverview

RIVERVIEW, FL (June 19, 2019) -- According to Florida Highway Patrol, one man passed away in a car accident on Wednesday morning around 8:13 a.m.
2 Crashes on I-75 in Marion County Leave 3 Dead in 1 Week

2 Crashes on I-75 in Marion County Leave 3 Dead in 1 Week

MARION COUNTY, FL (June 18, 2019) -- One man was killed while traveling on I-75 in Marion County. The man, Lazaro Sanchez, 52, of Miami,
3 Dead In Jacksonville After 2 Hit-and-Run Accidents

3 Dead In Jacksonville After 2 Hit-and-Run Accidents

JACKSONVILLE, FL (June 17, 2019) -- The Florida Highway Patrol stated that one man was killed after a hit-and-run incident on Sunday morning. It was
Two teenagers killed in auto accident north of Tallahassee

Two teenagers killed in auto accident north of Tallahassee

GRADY COUNTY, FL (June 15, 2019) --- A single-vehicle incident happened just north of Tallahassee, killing two people according to Florida Highway Patrol. FHP states
4th of July Safety Tips

4th of July Safety Tips

This year, whether you're enjoying an annual celebratory BBQ, pool party, firework frenzy, or Bocce-Ball Championship, you always know that 4th of July is another
No Bad Faith Claims On Write-Your-Own Flood Policies

No Bad Faith Claims On Write-Your-Own Flood Policies

Congress created the National Flood Insurance Program ("NFIP") to offer flood insurance at rates that were uneconomical for private companies. Gowland v. Aetna, 143 F.3d
How Long Will It Take To Finish My Car Accident Case?

How Long Will It Take To Finish My Car Accident Case?

Drivers, we understand that driving in the State of Florida requires your full attention and even then, due to the carelessness or recklessness of other
Amendments To The Florida Evidence Code & What It Means To Homeowners

Amendments To The Florida Evidence Code & What It Means To Homeowners

Effective immediately, Daubert is the standard for the admissibility of expert testimony in the State of Florida. In a 5-2 decision, the Florida Supreme Court
Fact or Fiction – Hurricane Michael and The Waiving of Deductibles

Fact or Fiction – Hurricane Michael and The Waiving of Deductibles

Hurricane Michael was one of the most powerful storms to ever make landfall on the continental United States. Hurricane Michael was the third-most intense Atlantic
Is My Screen Enclosure Covered Under My Insurance Policy?

Is My Screen Enclosure Covered Under My Insurance Policy?

It has been a growing trend in insurance policies to have an endorsement for carports, pool cages, and screen enclosures. The endorsement listed on the
Texting While Driving

Texting While Driving

While it should be noted that you should never text and drive, below is an assessment of current Florida law and the proposed changes that
3 Commonly Asked Questions About Insurance Proceeds Checks

3 Commonly Asked Questions About Insurance Proceeds Checks

Insurance policy language is often complicated. The process of filing an insurance claim and receiving insurance proceeds can be overwhelming and exhausting when you're working
Property Damage Cases In Small Claims Court: What Is It, How Did I Get Here, & What Do I Do?

Property Damage Cases In Small Claims Court: What Is It, How Did I Get Here, & What Do I Do?

For most people who aren’t lawyers, court is court. Pop your head into most courtrooms throughout the state of Florida and you will see the
I Was In An Accident, Why Didn't My Air Bags Deploy?

I Was In An Accident, Why Didn’t My Air Bags Deploy?

Accident victims frequently ask why the air bags in their vehicle did not deploy when they were in an accident. However, before jumping to the
If I Accept Payment Does That Mean My Insurance Claim is Over?

If I Accept Payment Does That Mean My Insurance Claim Is Over?

After you experience a loss to your property and you’ve contacted your insurance company, typically your insurance company will send an adjuster to your property
What Is A Lender Placed Policy?

What Is A Lender Placed Policy?

If you are a homeowner, it’s always good to familiarize yourself with the obligations of your mortgage agreement. One common obligation is the requirement that
Why To Establish Paternity & A Parenting Plan Now Rather Than Later

Why To Establish Paternity & A Parenting Plan Now Rather Than Later

More and more people are having children without being married, and unfortunately the law has not caught up. If individuals are not married, many are
Important Legal Tips To Protect You After An Accident

Important Legal Tips To Protect You After An Accident

What do you think the number one tactic is that an at-fault driver’s insurance company will use against you? ANSWER: If you are injured in
The Silent Disaster – Hurricane Michael & Its Aftermath

The Silent Disaster – Hurricane Michael & Its Aftermath

It has been a little over five months since Hurricane Michael ravaged Florida’s panhandle, and many Bay County residents are still coping with the immense
Homeowners Policy Limits – Were They Really Paid in Full? PT. 1

Homeowners Policy Limits – Were They Really Paid in Full? PT. 1

All too often I see insurers cry that they’ve paid policy limits and their liability is exhausted on a homeowner’s insurance claim. And all too

AOB Legislation Comes To A Halt For Now

A bill sponsored by Chairman Doug Broxson, R-Gulf Breeze, and supported by the insurance industry to limit the ability to recover attorney fees in cases
What you should know BEFORE you file an insurance claim

What You Should Know BEFORE You File An Insurance Claim

As a homeowner, it is important to be aware of the type of insurance coverage you have for the premiums you are paying. Some insurance
What are these different coverages in my insurance policy?

What Are These Different Coverages Listed In My Insurance Policy?

A hurricane, or some other peril, has just damaged your house and it is time to make an insurance claim. Hopefully you followed the often
Commercial Property Owners: Know Your Rights When Disaster Strikes

Commercial Property Owners: Know Your Rights When Disaster Strikes

If you own commercial properties, you already understand that catastrophes such as hurricanes can have devastating consequences to your building(s). However, the loss after a
When Homeowners Face Hurricane Season & Ongoing Property Damage Claims

When Homeowners Face Hurricane Season & Ongoing Property Damage Claims

Hurricane season is right around the corner and lately we have been getting calls from homeowners asking what they should do if a hurricane or
Roof Damage: Repair vs. Replace

Roof Damage: Repair vs. Replace

If your home has been damaged by the recent hurricanes to hit Florida, then you likely have come across an issue regarding your roof that
Exceptions in My Homeowners Insurance Policy

Exceptions In My Homeowners Insurance Policy

Most Florida homeowners would agree that they keep paying insurance premiums on their home so that they are financially protected from accidental damage to what
Are the accident attorney ads I see on TV even real?

Are The Accident Attorney Ads I See On TV Even Real?

You have seen the TV commercials and the billboards from law firms that show people claiming to have made hundreds of thousands of dollars in
Florida Bad Faith Law - Is Your Insurance Company Acting in Good Faith?

Florida Bad Faith Law – Is Your Insurance Company Acting In Good Faith?

The current Florida bad faith law is comprised of both common law and Florida Statute. Under Florida Law, an insurer has a duty to exercise
10 Step Guide to Avoiding the Probation Trap

A 10-Step Guide To Avoiding The Probation Trap

The most important thing you should do while on probation is report to probation and keep regular contact with your probation officer. This sounds like
Contractors, is an insurer refusing to pay you pursuant to an AOB contract?

Contractors: Is An Insurer Refusing to Pay You Pursuant to an Assignment of Benefits Contract?

In Florida, a growing number of contractors, including those who provide emergency mitigation services, use an Assignment of Benefits (AOB) contract. Here's how an AOB
What is an assignment of benefits contract?

What Is An Assignment of Benefits Contract?

If you're a Florida homeowner, you've probably heard some news about (and maybe even noticed an increase in the discussion surrounding) Assignment of Benefits (AOB)
Your Florida Auto Insurance Questions Answered

Your Florida Auto Insurance Questions Answered

As a Florida resident, you may have asked yourself the following questions: 1. What are the minimum requirements for auto insurance in Florida? 2. What
Why Is My Mortgage Company On My Insurance Check?

Why Is My Mortgage Company On My Insurance Check?

When you receive an insurance settlement payment, many homeowners are shocked to find that they may not be the only person on the check. If
Preparing for Hurricane Michael

Preparing for Hurricane Michael

As of this writing, Hurricane Michael is set to make landfall in the Florida panhandle in just a few short hours. This Category Four Storm
Resolving Your Homeowner Claim With Appraisal

Resolving Your Homeowner Claim With Appraisal

For homeowners seeking to recoup damages through their homeowner’s insurance policy, many are finding that increasingly their carrier is requesting the use of appraisal. To
Know Your Rights: Car Accidents & Insurance Company Tactics

Know Your Rights: Car Accidents & Insurance Company Tactics

You have just been in a car accident and it was not your fault. You are shocked, stunned, full of adrenaline, scared, angry, hurting, worried
We made the list!

We Made Orlando Sentinel’s Top 100 Companies List!

We are so honored to have made the 2018 Orlando Sentinel Top 100 Companies list. Thank you to everyone who has supported us throughout the
Big Win For Homeowners

Big Win for Homeowners Fighting the 14 Day Water Exclusion

In June, the Fifth District Court of Appeals handed down an opinion which amounted to a big win for homeowners all across the state of
Homeowners v. Insurance Companies

Homeowners v. Insurance Companies

Homeowners v. Insurance Companies - Florida Law Works to Level the Playing Field Imagine, like most people, you pay your home insurance premiums for years
Hostile Takeovers of Condominiums

Hostile Takeovers of Condominiums

In response to the proliferation of distressed and unsustainable condominium projects throughout the state, the Florida Legislature in 2007 amended Fla. Stat. Section 718.117. Under
Hurricane Season 2018

Hurricane Season 2018

When a hurricane threatens your community, be prepared to evacuate if you live in a storm surge risk area. Allow enough time to pack and
Vacaciones fiscales de regreso a clases de 2017

Vacaciones fiscales de regreso a clases de 2017

AVISO LEGAL: Este sitio web tiene fines informativos únicamente y no proporciona asesoramiento legal. No actúe ni se abstenga de actuar en función de nada
2017 Back-to-School Sales Tax Holiday

2017 Back-to-School Sales Tax Holiday

This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you
Pulse Remembrance Blood Drive

Pulse Remembrance Blood Drive

On June 22nd, we honored victims of violence by hosting a Pulse Remembrance Blood Drive at our office. To the Cohen Law Group staff who
My Employer Required Me to Take a Polygraph Test and Fired Me, What Can I Do?

My Employer Required Me to Take a Polygraph Test & Fired Me, What Can I Do?

The guidelines and protocols on polygraphs and employees are sheltered under the Employee Polygraph Protection Act (EPPA). Employers who require a job applicant to take
What You Can & Cannot Be Fired For In the State of Florida

What You Can & Cannot Be Fired For In Florida

The list of reasons as to why your employer can terminate you goes on and on. On top of that, your employer has the right
Is Florida a “Right to Work” or “At-Will” State?

Is Florida a “Right to Work” or “At-Will” State?

Contrary to popular belief, they are NOT one in the same. The two ideas share common ground, but they have different definitions and impacts for
What Do I Do In A Car Accident?

What Do I Do In A Car Accident?

A car accident can be an unexpected, stressful and terrifying event. But, there are important steps to take when you are involved in an accident.
10 Myths & Facts of An Assignment of Benefits

10 Myths & Facts Of An Assignment Of Benefits

10 Myths & Facts of An Assignment of Benefits MYTH 1: Assignments of property insurance benefits are a recent phenomenon FACT: Assignments of post-loss benefit
What I Learned From Identity Theft

What I Learned From Identity Theft

Like more than 9 million other Americans this year, I have joined the panicked fraternity of phone hack identity theft victims. I was lucky, my
Feb2017 REALProducers Orlando Edition11

Harvey Cohen Featured in Orlando Real Producers

No one speaks of the travel or the journey as the “end game” – unless you meet Harvey Cohen. Cohen is the master designer behind
Your are invited to attend

6 Events You Don’t Want To Miss!

This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you
Homeowners' Insurance - A Toolkit For Consumers

Homeowners’ Insurance – A Toolkit For Consumers

"Florida residents know firsthand that it pays to plan ahead. Dealing with wildfires, floods, tornadoes, hurricanes, winter storms, sinkholes and other disasters, can drastically change
How To Travel With A Service Animal

How To Travel With A Service Animal

Millions of Americans are preparing to travel for the upcoming holiday season, filling airports with anxious jetsetters just trying to make it to their next
Sinkholes & Attorney Fees: Johnson v. Omega

Sinkholes & Attorney Fees: Johnson v. Omega

Consistent with Florida's pro-consumer precedent, a recent Florida Supreme Court case reaffirmed an insured's entitlement to attorney's fees and costs after being forced to litigate
The "How, When, Where" of General Election Voting 2016

The “How, When, Where” of General Election Voting 2016

First things first - Floridians can now register to vote until Tuesday, October 18th! Monivette Cordeiro of Orlando Weekly reports, "A federal judge has ruled
More Fireworks Accidents & DUI Checkpoints On 4th of July

More Fireworks Accidents & DUI Checkpoints On 4th of July

As we pack our bags and load our families into the car for the time honored tradition of 4th of July weekend travel, be aware

Florida Restaurants Unite for #OrlandoStrong

The 4 Three Nine, Saint Petersburg 4 Rivers Smokehouse, All Florida locations 45 Central Wine Bar, Santa Rosa Beach 60 South Restaurant & Bar at
Is Weed Legal in Florida? New Orlando Florida Marijuana Laws

Is Weed Legal in Florida? New Orlando Florida Marijuana Laws

Is Weed Legal in Florida? New Orlando Florida Marijuana Laws The times they are a changing! The City Beautiful, Orlando that is, recently adopted a

State Flags Insurer’s Proposed Assignment Of Benefits Restrictions

According to Ron Hurtibise with the Sun Sentinel, one of South Florida's largest property insurance companies has been rebuffed by state insurance regulators for seeking
Are You Covered?

Insurance Coverage Press Release

Insurance is largely accepted as one of the “necessary evils” of home ownership, along with having to fix your own toilet if it breaks and
What you need to know about a wrongful death suit

What You Need To Know About A Wrongful Death Lawsuit

You may have often heard attorneys advertising on the radio that you may have a wrongful death suit if a loved one has died as

Insurance company’s request to limit assignability of insurance benefits is denied

Security First Insurance Company recently proposed adding a provision to their insurance policies which would limit an insured’s right to assign their post-loss insurance benefits.

Potential Problems Loom As New Credit Card System Rolls Out

Today, October 1st is the day that is supposed to revolutionize credit card purchasing. To find out if you’re ready, grab your wallet. Next, take
October is National Disability Employment Awareness Month

October is National Disability Employment Awareness Month

This October, the Department of Justice (DOJ) honors National Disability Employment Awareness Month by highlighting the Americans with Disabilities Act (ADA), which celebrated its 25
Olive Garden Servers Might Be Getting Shorted On Tips

Olive Garden Servers Might Be Getting Shorted On Tips

When we go to a restaurant and pay for our meal with a credit or debit card, the routine is pretty fixed: the server takes
What To Do After A Hurricane

What To Do After A Hurricane

It’s hurricane season, and as you may know, September is the month most frequented by named storms in the Atlantic. While you’re gathering up your
Did You Know That Today Is National Dog Day?

Did You Know That Today Is National Dog Day?

If you love your dogs like we do here at Cohen Law Group (not even joking, there’s usually at least one dog in our office
THE INFAMOUS “SWORN PROOF OF LOSS”: IS IT A TOOL OR TACTIC?

The Infamous “Sworn Proof of Loss”: Is It A Tool Or Tactic?

We have fought off attempts by the insurance industry to change nearly a century of law upholding the validity of a post-loss assignment of benefits,
Parents Arrested for Cheering for Children at their Graduation

Parents Arrested For Cheering For Children At Their Graduation

It has been said that one does “not shed their first amendment rights at the school house doors.” However, in Mississippi, it appears not only
Medical Marijuana In Florida

Medical Marijuana In Florida

On May 27, an Administrative law judge in Tallahassee dismissed the final challenge to the rule brought by Baywood Nurseries of Apopka which alleged that
Are You Prepared For Hurricane Season?

Are You Prepared For Hurricane Season?

Hurricane season officially started on June 1, 2015, and although it has been a while since a major hurricane hit Florida, you still need to
Mediation & Alternative Dispute Resolution

Mediation & Alternative Dispute Resolution

Tempers flare, emotions run high, and court cases get filed. No one wants to go to the courthouse. Even if you’re absolutely sure your case
Orlando City Soccer New Stadium

Orlando City Soccer New Stadium

As you may or may not be aware, Orlando City Soccer Club recently announced that it would be financing its new stadium 100% privately. Citizens
State Farm Loses Appeal x 2

State Farm Loses Appeal x 2

Florida’s appellate courts continue to rule in favor of the restoration industry, homeowners, and assignment of benefits. The Circuit Court in Osceola County, in its
Another Win For The Good Guys!

Another Win For The Good Guys!

The Fifteenth Judicial Circuit, in its appellate capacity, quashed a county court’s order granting State Farm’s Motion to Abate Action and Compel Appraisal with the
Big Win for Home Owners!

Big Win for Home Owners!

The Fifth D.C.A. has reaffirmed the homeowner’s right to assign post loss benefits. This ruling is great news for Florida homeowners because it reaffirms the
Great News For Home Owners!

Great News For Home Owners!

Three more victories for restoration companies and assignment of benefits are the outcome of highly anticipated rulings issued by the Fourth District Court of Appeal
To Move Over or Not To Move Over

To Move Over or Not To Move Over

As a driver on Florida’s public roadways, we have all seen the big flashing signs that say “Move Over! It’s The Law”. Well what exactly
Insurance Companies Vendor Requirements

Insurance Companies Vendor Requirements

The state of Colorado's Division of Insurance released a "Notice of the Provisions Pertaining to the Payment of Claims for the Repair of Damaged Property"
Illegal Tip Pools - Don't Get Caught In The Cookie Jar!

Illegal Tip Pools – Don’t Get Caught In The Cookie Jar!

If you have ever worked in the restaurant or bar industry, it is likely you have participated in a tip pool. A “tip pool” is
Autonomous Vehicle Privacy

Autonomous Vehicle Privacy

As you may have heard, the autonomous vehicle is coming soon to a showroom near you. Ah, what a pleasure to have your vehicle drive
Ebola On The Rise!

Ebola On The Rise!

Ebola has been a frightening topic coursing through our news system for the past few months. It began when a Liberian national visiting the United
Wrongful Death In Florida

Wrongful Death In Florida

Losing a loved one is devastating. It is amplified when one is lost due to the wrongful acts of others. In Florida, we have a
Is Your Employer Required To Pay You For Holidays or Lunch Breaks?

Is Your Employer Required To Pay You For Holidays or Lunch Breaks?

Unfortunately, an employer does not have to pay for time not worked, such as holidays or vacation time. Paid holiday time or vacation time is
10 Things You Can Do To Be Hurricane Safe!

10 Things You Can Do To Be Hurricane Safe!

The time has come again to start preparing for hurricane season. In 2005, Hurricane Katrina resulted in $105,840,000,000 worth of damages solely in the state
23 Billion Dollar Lawsuit Against Tobacco Company

23 Billion Dollar Lawsuit Against Tobacco Company

Pensacola, FL jury awarded $23.6 billion in punitive damages and $16.7 million in compensatory damages to Cynthia Robinson, the widow of a smoker who died
Stay Alive, Don't Drink and Drive

Stay Alive, Don’t Drink and Drive

Do you have a designated driver? If you are planning to watch USA against Portugal in the World Cup this weekend or go out and
Class-Action Lawsuits Filed By McDonald’s Employees For Wage Theft

Class-Action Lawsuits Filed By McDonald’s Employees For Wage Theft

The complaints allege that the fast-food giant is “systematically stealing employees’ wages”, forcing employees to work off-the-clock, not paying proper overtime and deducting hours from
Red Light Camera Tickets? You May be Entitled to Your Money Back

Red Light Camera Tickets? You May be Entitled to Your Money Back

Florida’s Supreme Court ruled that Orlando and other cities did not have the authority to set up an automated camera system to catch red-light runners
Click It Or Ticket - Seatbelt Laws In Florida

Click It Or Ticket – Seatbelt Laws In Florida

In 1885, Edward J. Claghorn filed the first US patent for automobile seatbelts. In 1955, Ford offered seatbelts as an option, and in 1958, Volvo
Dine and Dash Kills Servers

Dine and Dash Kills Servers

You are a server in a busy restaurant on a Saturday evening. You are running around to every table to make sure that the customers
Save The Industry!

Save The Industry!

This Thursday (March 13, 2014) in Tallahassee, there will be a committee meeting, and the more restoration business owners, contractors, and representatives we can have
Overhead and Profit is Fair Game – RIA Convention

Overhead and Profit is Fair Game – RIA Convention

Overhead and profit is fair game for general contractors. Attorney Harvey Cohen is a featured guest on Indoor Air Quality Radio, discussing a variety of
How To Hire A Legitimate Restoration Company

How To Hire A Legitimate Restoration Company

When your home or business is in need of repairs or restoration, sometimes it’s too urgent to double check who you are hiring. The restoration
Wage On! Potential Wage Increase For Tipped Workers This February

Wage On! Potential Wage Increase For Tipped Workers This February

Fair Minimum Wage Act may not sound like something most people would think twice about. However, every time you go out to eat, this act
Bully – Harms or Intimidates Weaker

Bully – Harms or Intimidates Weaker

Bully – Noun – A person who uses strength or power to harm or intimidate those who are weaker What one considers to be a
News Reports Batali To Pay $5.25 Million

News Reports Batali To Pay $5.25 Million

Here’s a reminder that like everyone else, celebrity chefs and restaurateurs are not off the hook from ensuring their restaurants comply with the Fair Labor