The Property Advocates successfully argues in appellate court on behalf of its client, who was being denied the money they rightfully deserved from their insurance company.
CORAL GABLES, Fla., Aug. 28, 2023 /PRNewswire-PRWeb/ — The Property Advocates a full-service insurance law firm based in Florida, is excited to announce it won an appellate court decision for its client against their insurance company.
The case — Homeowners Choice Property & Casualty Insurance Company v. Hopwood, Case No. 4D18-3306 – demonstrates the benefit of providing accurate information to the court so that a fair and just decision can be made.
In this particular case, the insurance company attempted to retain its ability to impose post-loss conditions on a policy they provided to The Property Advocates’ customers, which would result in the loss of the policyholder’s rights.
The trial court carefully considered all the specific facts of this case and, after doing so, stayed the case for 30 days. This period was intended to allow the insureds to sit for an under-oath examination and to provide a sworn proof of loss form.
Unfortunately, in this case, the insurance company decided to file what’s known as a Petition for Writ of Certiorari, also known as an “extraordinary writ.” In doing so, they asked the Fourth District Court of Appeal to quash the stay order issued by the trial court, as they claimed the order “re-writes the insurance policy and eviscerates and disposes of [Insurance Company’s] affirmative defenses.”
The appellate court ordered the insureds to “show cause” why that relief shouldn’t be granted. The Property Advocates filed a response to the petition explaining how the insurer’s request was improper.
Based on this response, the appellate court ultimately denied the insurance company’s petition, citing Curran. This indicated a shift in this district toward requiring an insurer to prove that the non-compliance of post-loss conditions prejudiced it before forfeiting insured benefits.
Because of that appellate court ruling, the order from the trial court for a 30-day stay was upheld.
Thanks to this equitable decision, the Property Advocates were able to effectively represent a client and ensure they were paid on their insurance claim. This is a positive outcome that demonstrates our commitment to helping customers receive the benefits they are entitled to under their insurance policies.
The Florida-based legal team at The Property Advocates has years of experience ensuring the insurance company upholds its end of the mutual policy agreement and pays its customers the fair compensation they deserve.
This includes denied claims for all insurance issues, such as damage from fire, hailstorm, hurricane and wind, roof leaks, theft and vandalism, water damage, and more.
About The Property Advocates
The Property Advocates, P.A. is a full-service Florida insurance law firm specializing in property insurance claims. With offices in Miami and Tampa, The Property Advocates team consists of nearly 14 experienced attorneys with decades of combined experience who are compassionate, knowledgeable and not afraid to go to trial for their clients. They have a successful track record of resolving complicated property insurance claims and getting their clients the fair compensation they deserve.
Media Contact
Jessica Brown, Mercury News Media, 303 800 6186, [email protected]
SOURCE The Property Advocates, P.A.
