On March 23, 2020, David M. Graham was featured on page 8A of USA TODAY for Lawyers of Distinction’s “2020 Power Lawyers.” Lawyers of Distinction features members across many prestigious publications, including The New York Times, The National Law Journal, and The American Lawyer.
This will mark David Graham’s second consecutive recognition by Lawyers of Distinction. Becoming a member of Lawyers of Distinction, all lawyers are required to undergo a thorough review and vetting process to ensure legitimacy and authority. All lawyers selected by the committee must be licensed to practice law, and the committee factors in notable career achievements and any ethical violations during their selection process.
David M. Graham, Esq., of David Graham Insurance Lawyers, P.A., pictured below presenting his 2019 Lawyers of Distinction award last calendar year for “Excellence in Insurance Law.”
David Graham Insurance Lawyers, P.A.has four offices located in the state of Florida, with two main offices in Jacksonville, Florida and High Springs, Florida, and a focus in Insurance Law. David is licensed to practice law in Florida, Texas, and Washington D.C. David and his team have successfully represented policyholders against their insurance companies when their claims have been delayed, underpaid, or denied. His law firm’s mission is t0 represent policyholders in unfair, bad faith claim practices.
David Graham Insurance Lawyers, P.A. handles property damage claims, personal injury claims, and motor vehicle incidents. This includes hurricane damage, fire damage, water damage, slips and falls, medical malpractice, nursing home neglect, product liability, semi truck accidents, motorcycle accidents, and more. For more information, click here or call David Graham Insurance Lawyers, P.A. at 812-777-LOSS for a free case evaluation.
According to Florida Highway Safety and Motor Vehicles, in 2016 alone there were 395,785 auto accidents in which 2,935 were fatal. Even if you
feel you’re in control on the road there are numerous ways in which an auto accident can happen. The top three reasons for auto accidents are:
Drunk driving
Speeding
Distraction.
If you or a family member have been involved in an auto accident in Florida here are some things you need to know:
1. What do I do if I have been involved in a car accident in Florida?
Getting into an auto accident can be chaotic so here’s some guidelines to help you if the situation occurs. For starters, no matter the type of accident, stay at the scene and call 911 to report the accident to the police. If anyone around you is hurt help them by calling for medical attention. If it is possible to do so move your car to avoid another accident or turn on your hazard lights. Make sure to exchange information such as name, contact, and insurance with the other drivers involved in the accident. Lastly, take evidence of the crash with your cell phone camera or obtain information from key witnesses that witnessed the auto accident.
2. Should I go to the doctor after an auto accident even if I feel no pain?
Absolutely. Getting into a car accident can be confusing and initially misleading, and it might take your body time before the shock wears off allowing you to feel the effects of the accident. You should see a medical professional as soon as possible to determine if you need treatment. If you wait too long after the incident, you cannot be ensured that you will be able to recover your expenses from the accident as it may be too late and difficult to prove. It is imperative that you make sure you are safe and uninjured and the best way to do that is to simply see an experienced medical professional.
3. Do I need a lawyer if I’ve been involved in an auto accident?
If you or someone you love has been injured if can be in your best interest to file a claim. It can be very difficult to have a successful case in a personal injury lawsuit. To provide yourself with the best chance of obtaining financial compensation following an injury, it is advised to seek legal counsel from an expert personal injury attorney or insurance claims lawyer.
Here’s how Assignment of Benefits affect homeowners and why you should care
What Assignment of Benefits (or AOB) are:
According to the Florida Department of Financial Services,
“an assignment of benefits, often referred to as an “AOB” is a legal tool that allows a third party to be paid for services performed for an insured homeowner who would normally be reimbursed by the insurance company directly after making a claim.”
Here is how AOB works and how they affect the homeowner
Let’s say that you have a pipe leak in your home. Your homeowner’s insurance policy provides that you have a duty to mitigate the damage to your property. So you call a plumbing company to fix the pipe leak and a water mitigation company to extract the water and dry out your home.
Instead of requiring you to pay them at the time that the services are performed, they have you sign a document assigning your right to benefits under your homeowner’s insurance policy and allowing them to bill the insurance company and have the insurance company pay them directly.
The law is clear that even when an insurance policy contains a provision barring assignment of the policy, an insured can still assign a post-loss claim. Most of the assignment of benefits forms in use will allow the contractor to stand in the shoes of the homeowner for insurance collection purposes.
Assignments of benefits have recently become the subject of much debate
The insurance industry argues that assignments of benefits allow contractors to unilaterally set the value of a claim and demand payment for fraudulent or inflated invoices. On the other hand,
“Contractors argue that assignments of benefits allow homeowners to hire contractors for emergency repairs immediately after a loss, particularly in situations where the homeowners cannot afford to pay the contractors up front.”
In 2015, the Florida Insurance Consumer Advocate’s Office asked the fifteen highest-writing homeowner’s insurance companies in Florida to begin tracking and reporting claims data information in an effort to determine the impact that assignments of benefits are having on Florida consumers.
In 2016, Citizen’s Property Insurance Corporation, the state’s largest property insurer, sought and was granted a 6.4% rate increase. Citizens claimed the rate increase was made necessary by an increase in water loss claims.
During the 2016 legislative session, two bills were introduced in an effort to regulate this practice. As Florida’s Chief Financial Officer, Jeff Atwater, recently said in his newsletter, Dollars & Sense,
“If you own a home in our great state, you’ll want to stay tuned to this conversation.”
We will, of course, be sure to keep you updated on changes in this important area of the law. In the meantime, there are things that you can to help reduce the risk of fraud and keep homeowner’s insurance rates from rising further.
First, it pays to be prepared.
Ask friends if they can recommend a plumbing company and/or water mitigation company.
Check them out ahead of time so that you will know who to call in an emergency.
Second, make sure that you read and understand the documents you sign and that they correctly reflect the work that was done and the equipment that was used.
Ask the contractor for a copy of the invoice that is being sent to the insurance company.
If the contractor refuses to provide one, call the insurance company and ask for a copy of the invoice they received.
By working together, we can help to make sure that legitimate claims are paid and fraudulent claims are not.
The short answer is you should replace your roof. Yes, it can be argued whether to repair or replace a roof depends on the extent of the damage. Some insurance companies even say that if most of your roof is still in good shape, you may be able to repair the damaged spot.
The reality is that if your roof has been compromised as a result of windstorm or hail event then you’re only placing a Band-Aid on the problem and will likely have additional roof issues in the near future. Additionally, when there are signs the roof is wearing out, or if it is close to the end of its expected lifespan, you are always better off replacing it.
The expected lifespan of a roof can vary greatly depending upon the type of roofing material used. If you are not sure what type of roof you have, an experienced roofer can tell you.
If your home has an older roof, you should also keep in mind that there is a trend toward insurance companies tightening their underwriting requirements in areas like Florida where they have greater than average exposure.
Some insurers are refusing to renew existing homeowner’s insurance policies on houses with roofs older than 20 years unless they pass an inspection and some insurance companies are requiring the homeowners to cover the cost of these inspections.
Policies on homes that fail inspection are not renewed without a roof replacement. Other insurers are refusing to write new policies for homes with roofs over 20 years old and are limiting liability under the policy to actual cash value to replace older roofs when they’re damaged.
This means they don’t pay to fully replace the roof, but only reimburse for what an old roof is worth after 20-plus years. Although replacing a roof can be expensive, you may have no choice if failing to replace the roof means that you can’t get homeowner’s insurance. (See “Why Should I Buy Homeowner’s Insurance.”)
If you check the condition of your roof at least once a year, you should be able to plan in advance for necessary repairs. Moisture marks or brown stains on ceilings or walls, peeling paint on the underside of roof overhangs, damp spots alongside fireplaces, or water stains on pipes venting the water heater or furnace are all signs of a leaky roof.
When you inspect your roof; signs of trouble include cracked caulk or rust spots on flashing; missing shingles or shingles that are buckling, curling, or blistering; and worn areas around chimneys, pipes, and skylights. If you find piles of grit from asphalt roof tiles in the gutters, it means that the granules on your shingles are wearing down.
Black algae stains are not just cosmetic issues, masses of moss and lichen could signal roofing that’s decayed underneath.
If you’re inspecting your roof and find signs of a problem, especially if the roof is old or you suspect the damage occurred as a result of a storm with heavy wind or hail, or a recent tornado or hurricane, it is best to get a professional assessment.
Often, there’s a level of damage beyond what you are easily able to see. Some roofing companies do this free; specialized roof inspectors, like those who work through the National Roof Certification and Inspection Association, charge about $175.
If something sudden and unforeseen, such as a wind storm, causes a leak to appear, your homeowner’s insurance will likely cover the repairs. But you’re still responsible for limiting the damage, so try to get a local roofer to spread a tarp while you arrange for repairs. Insurance may not cover your loss if you fail to mitigate the damages so be proactive a call a roofing professional to tarp your damaged roof.
In Florida, we don’t get as much cold weather as others do in other parts of the country or world. Most of us who live here in Florida live here because we like the warm weather. We joke about palm trees and wearing shorts and flip flops in December, spending the holidays on the beach and having only one day of Winter. We tease our friends and family in colder climates about our warm weather.
Also, because we are accustomed to the warmer weather, we tend not to spend as much time preparing our homes for Winter as those in colder, more northern climates are accustomed to spending.
But even here in Florida, we do have some cold nights. I was reminded of this a short time ago when a beep from my cell phone announced that there is a freeze warning in effect for tonight. This means that temperatures could get cold enough to cause your water pipes to freeze, and in some cases, burst causing water damage to your home.
Just like the Night’s Watch protects the seven kingdoms from the freeze, here are 10 tips to prevent your pipes from freezing causing damage in your home:
1) Disconnect garden hoses
You should disconnect and drain all your gardening hoses and install covers on all of your outside faucets. Do not allow water to remain trapped and suseptible to freezing.
2) Winterize your swimming pool
For this step, you should consider hiring a professional who deals with swimming pools. There are several steps involved with winterizing your swimming pool which includes balancing the pH level, draining pool equipment, lowering the water level of your pool, winterize plumbing to and from the pool, covering your pool, and more. It’s best to leave this to a professional if you are not accustomed to working with pools, especially during cold winters.
3) Regulate home temperature
Keep the temperature in your home at 68 degrees or higher even if you are going to be home from your home for an extended period of time. This will also help you keep you your pipes from freezing.
4) Open cabinet doors
Share some of that precious heat in your home with your kitchen and bathroom sinks. You can do this by opening the cabinet doors below your kitchen and bathroom sinks to expose the piping to the heat circulating in your home.
5) Wrapping pipes
Wrap pipes closest to exterior walls and in crawl spaces with pipe insulation or with heating tape. In a pinch, even wrapping pipes in a newspaper can provide some degree of insulation in areas that do not have frequent or prolonged freezes.
6) Close windows
If you have any open windows near water pipes, you want to keep those closed so the cold air doesn’t make contact with your pipes and cause freezing. The same goes for your open-air vents. Cover or close your open-air vents.
7) Basements
If you have a basement, heat your basement and consider weather sealing your windows.
8) Insulation
Insulate the outside walls and unheated areas of your home.
9) Dripping water
Allow water to drip from a faucet served by exposed pipes. Running even a trickle of water through pipes can help prevent them from freezing.
10) Water valves
If you plan to be away from home for an extended period of time, shut off the water supply valves to your washing machine.
Pipes already frozen?
Dry this “Dragonglass” method to thaw your frozen pipes.
Thawing
The first sign of freezing pipes is reduced water flow from a faucet. If a faucet or pipe freezes, you can thaw it by heating water on the stove, soaking towels in the hot water and wrapping them around the cold section so the pipes or by using a hairdryer. (CAUTION: Do not operate a hairdryer around standing water.) Make sure the faucet is turned on so that the melted water can drip out and start by thawing the part of the pipe closest to the faucet.
Pipe burst
If a pipe does burst, shut off the main water valve. If the break is in a hot water pipe, close the valve on top of the water heater.
Call a professional
Call a plumber and a water mitigation company, if necessary. Most homeowner’s insurance policies require that you make reasonable repairs to prevent further damage or loss to your property and will even pay for these costly repairs as long as the damage was caused by a covered peril and the costs are reasonable.
Insurance policy
Review your insurance policy and if you have any concerns regarding the coverage afforded by your insurance policy, consult an attorney experienced in the area of homeowner’s property insurance claims and insurance coverage disputes.
Call a lawyer
If you have questions about your insurance coverage or need help with your insurance coverage dispute, please contact us for a free no-obligation consultation.
Pipe burst?
If your pipes have frozen, burst, and you have sustained damage in your home, contact our law firm for a free, no-obligation case review.
You may have read or heard stories about people who pay for insurance policies,
sometimes for years, only to have the insurance company deny their homeowner’s insurance claim and cancel their policy when they have a loss. So you may be asking yourself why you should buy homeowner’s insurance.
Insurance is a contract in which the insurance company, for a fee referred to as a premium, agrees to pay you for damage to your home or its contents caused by events that are insured against. The written contract is usually referred to as the “policy” and the events insured against are referred to as “risks” or “perils.” Insurance policies may be “all-risk” and cover any peril not specifically excluded by the policy, or “named peril” and cover only those risks named in the policy. The purpose of having homeowner’s insurance is to protect you and your family from loss in the event that one of the perils insured against occurs. The insurance contract shifts the risk of loss from you and your family to the insurance company. Everyone benefits as long as both parties act in good faith to fulfill their duties under the policy.
For most people, their home represents their single biggest investment. To have to bear the cost of repairing or replacing their home would be a huge financial burden. When you factor into the equation the windstorms, hurricanes, sinkholes, water and mold damage that are so common here in Florida, and it is definitely risky to go without coverage. If you have a mortgage (and let’s face it, very few people are able to purchase a home without taking out a mortgage), the bank or mortgage company will require that you maintain homeowner’s insurance on the property.
If you have a mortgage and fail to purchase homeowner’s insurance, the bank or mortgage company will likely purchase insurance on the property since loan contracts usually require it. This is sometimes referred to as “force-placed” insurance. The premiums for force-placed coverage are very expensive and you get less coverage for the money than if you shop for coverage yourself. The bank or mortgage company will pass these higher premiums on to you in the form of higher monthly mortgage payments. If you fail to purchase homeowner’s insurance and the bank or mortgage company purchases “force-placed” insurance, you won’t get to choose the insurance company and/or agent that you will be dealing with if you have a loss. It is far better and more cost effective to shop for coverage yourself.
When purchasing a policy, it is best to select a company with an A+ rating with A.M. Best. Before binding coverage, make sure you know what is and is not covered. If you have questions, ask your insurance agent. And in the unfortunate event that you suffer loss or damage to your property and your insurance company won’t pay your homeowner’s insurance claim, call us at (386) 454-loss for a free no-obligation evaluation of your insurance coverage dispute.
