Some of our most savvy clients understand just how important it is to have an experienced Public Adjuster on their team even before a property loss occurs.  Some of our clients have been extremely fortunate to never have sustained a property loss but have nonetheless educated themselves to prepare or have heard the horror stories of others who have endured the insurance claim process. At Tutwiler & Associates Public Adjusters, we’ve created a program just for this purpose called: Disaster First Recovery Services

Here is a question we were happy to answer as part of the expert panel for United Policyholders.

Q. My condo flooded from the unit above me caused by a leaking pipe. I have flood insurance and no homeowner insurance. Damage from water and mold is extensive. Do I need an attorney? I have been trying to work with the condo association property management and the above unit's insurance adjusters. I am getting no answers as to who pays for damages to what areas. It has been two weeks. Loss has occurred in Florida and I live in Utah. I am keeping a journal and have begun cleanup and dry out procedures after pipe repair to stop water leak. Click to see read the answer.

This 42 page decision Biscayne Cove Condominium Association, Inc. v. QBE Ins. Corp., 2013 U.S. Dist. LEXIS 5194 (S.D. Fla. Jan. 14, 2013) makes for some very interesting reading. The case was one of those late blooming Hurricane Wilma condo claims that I suspect contributed to the thinking that a change in law regarding the time a policyholder has to file a claim might be a good idea. You can draw your own conclusions about what went on in this case (I know I have) but one of the clear take-aways is that in this case the Judge was not buying what was being sold.

As an aside, the 30% rule this public adjuster was relying on and thought existed drew some chuckles in a meeting our firm recently attended with a group of condo lawyers. Seriously, there are some very interesting points made in the Findings of Fact and Conclusions of Law. As the old saying goes; “it’s not my monkey and it’s not my circus” thankfully!