As the Insurance Companies delay claims investigations, and drag their feet, and send out endless request for irreverent information all in their attempts to wear down policy holders from receiving benefits, it has pushed back dates to file lawsuits. As a result as mentioned in earlier posts, we are still finally lawsuits on Hurricane Wilma claims and damages (circa November 2005).
Every lawsuit we have filled in open court has meet with more lawsuits games by the policyholders insurance providers by a Motion to Dismiss based on Statute of Limitations. These motions are unfounded, and an abuse, the federal and state courts have found that the Florida legislative did not intend to alter the previous Statute of Limitation cut off dates with their 2011 Insurance Law changes, and that all laws do not to apply retroactively.
Claims before May 17, 2011 are governed by § 95.11(2) that was in effect at the time that the policy was in force. Under then existing Florida law, the five-year limitations period began to run on the accrual of causes of action, which occur when the last element constituting the cause of breach occurs, ie denial of appraisal or denial out of claim. So in some cases we have seen these last elements happening well into 2011.
The insurance companies are not in charge, and they don’t tell the courts what to do, they only try. We seek Insurance Justice™….. and only work on your behalf to resolve your claims or our work is free, so the march continues.
Scott R. Dinin
Law Firm WebSite link