An Intro to Hurricane Insurance Claims for Home & Business Owners
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Hurricane Town Hall: Attorney Mark Nation answers questions from home and business owners regarding hurricane insurance claims.
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- I'm very mindful of your time
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and I know that a lot of you probably have questions
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and I want to get to those questions.
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I wanna go a little bit, speak briefly about
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my experience, tell ya a couple things that
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are real important for me to get the information
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that I want to get to you.
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There are two points that I want to make,
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and then talk a little bit about the type of cases
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that I can help with and then we'll get to your questions,
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and so experience wise, I've been doing,
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I've been practicing law for 27 years
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and I help policy holders with claims against
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their own insurance companies,
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and I've done literally thousands of cases
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on behalf of policy holders in the state of Florida.
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From Andrew, Charley, Francis, Jean, Ivan, Wilma,
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Dennis, Matthew, Erma, and others.
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(audience member mumbling) huh?
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- Wilma. - And Wilma!
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October 25th, how could I forget Wilma.
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So I'm very passionate about what I do,
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and that is helping policy holders
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in claims with their insurance companies.
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There is nothing we pay more for
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and have less of an understanding of than insurance.
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You pay your premium, you get this thick document
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your insurance policy and I pick juries all over the state
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when I'm trying these cases, and I ask, how many of you
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have gotten that policy and you said, you know what,
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I'm a conscientious home owner, I care about my family
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I better read things thing, raise your, yeah, nobody.
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You turn around, you put it in a drawer,
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that's what everybody does.
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I've represented insurance adjusters,
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and that's what they do, and so that's not uncommon.
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But then a claim occurs, and then you think
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well is it covered or not, you call the insurance company,
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the insurance company might say no.
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I can tell you this, if your insurance company says no,
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is low, or slow that's a good case for me to take a look at.
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If the insurance company is doing the right thing
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I'll tell ya, but if they're not doing the right thing
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I'll tell ya that too.
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Either way you owe it to yourself
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and your family to have peace of mind
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and so back to the experience.
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Thousands, literally tens of thousands of home owners
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and business owners against insurance companies.
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I try those cases, on behalf of our firms,
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I am called in from other lawyers throughout the state
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to help them try those cases,
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that they have against insurance companies.
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'cause one of the things I'm passionate about
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is making sure that the insurance companies pay
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what they're obligated to pay,
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not more, but just what they're obligated to pay.
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The other thing I'm passionate about is making sure,
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that you're well taken care of,
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and there are some lawyers,
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and I tell ya, if you're hiring a lawyer ask 'em,
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when's the last time you tried a case
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in front of a jury concerning this type of issue?
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And if they say anything other than giving you a date
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and a time you may wanna question that.
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My last trial on a homeowner's insurance case,
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was in Stuart four weeks ago,
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30 minutes into jury deliberation,
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the jury sent out two questions.
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Can we give more money than Mr. Nation asked for?
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And if so is there a cap on how much we can give?
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Two months before that I was in front of a jury
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in Dade County on a homeowner's case, 17 minutes in verdict.
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I try these cases, I know what juries think
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about these cases and I try 'em all over the state.
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My office is in Central Florida, takes me about an hour
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and 15 minutes to get here by plane,
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I'm here because I'm passionate about helping you
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and your home and your friends
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and your neighbors who have these types of claims.
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I told you there were two points that I wanted
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to make and if I could only make these two points to people,
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I've accomplished what I've come down here for.
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Point number one, if your insurance company denies,
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or low balls the claim do not get intimidated.
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Even if you, it comes with a long
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and complicated report from an engineering firm
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that literally may be 100 pages long, literally.
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My clients often get these denial letters
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and they read it and they do, oh,
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well I didn't know that was in there,
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and I don't even know what that means,
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and then there's a report attached
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from some engineering firm that can be 50 to 100 pages long
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and you start flipping through that thing.
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It's got a binder on it, looks like a book
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and you go nothing I can do, there's nothing I can do.
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That's the case I'm looking for, the one that you think
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there is nothing that can be done.
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I cannot tell ya how many times I get
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that engineering report from the insurance company
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and their denial letter, and those end up being
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the center pieces of my case to win
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on behalf of the policy holder.
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Point number one do not get intimidated!
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I don't care what that letter says,
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I don't care what the report says,
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let me look at it for free.
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I will look at it, if they're doing the right thing,
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I'll tell ya, if they're not, I'll tell ya that too
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and you owe it to yourself to have that peace of mind.
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There are things in those letters,
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I've had insurance companies quote parts of an exclusion,
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they'll say we do not repair, you got a 28 year old
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three tab shingle roof on your house.
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Before the storm, it didn't leaking,
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and then you get an engineer out there
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and there's a section the engineer says it's wear
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and tear and old age and right there they quote
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the wear and tear exclusion, I've won cases like that,
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time and again hundreds of times.
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Don't get intimidated, let me look at it.
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They may say it's flood, and you don't have flood coverage.
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Let me look at it I just got paid policy limits
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for a case on a Matthew claim where the insurance company
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said it's flood, I went in and proved, it was wind.
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My engineers and I went out and we picked that house apart
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and I would say from the foundation to the roof
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but that would be untrue because we went 10 feet below
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the surface and started examining it from there up,
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and we knew that it wasn't flood, it was wind.
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So let me look at that for free,
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don't let it keep ya up at night
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going well there's nothing I can do.
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But the other thing the second point is,
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and, I never ask for money from you.
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You don't have to bring your check book
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or your credit card leave it at home.
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In almost every one of my cases, if I'm successful
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in making a recovery for ya, the insurance company
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has to pay my fees and costs,
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and if I lose I'll work for free.
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That's a pretty good deal,
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give it, let me look at it for free
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and I'll tell ya if they're right or wrong.
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If they're wrong and we make a recovery then in almost
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every case, where I make a recovery they have to pay
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my fees and costs, if I lose I work for free.
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The only time that's a little different
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is sometimes they offer a lump sum settlement
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and it's a contingent fee then,
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just a percentage, regardless you don't owe me anything,
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if I lose, and you don't need to worry about whether or not,
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or how I'm gonna pay the cost.
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In these cases I have a team that I hire.
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I have a meteorologist, a forensic meteorologist,
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I bring in to talk about the weather.
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I bring, I have a certified roofer,
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I've got a general contractor, we've got a general,
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building contractor or general,
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yeah general contractor over here, I've got the team
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to be able to put this thing together.
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I've got geotechnical engineers,
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structural engineers, hydrodynamic engineers
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whatever we need to win that case.
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Alright those are my two points, don't get intimidated
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and don't bring your check book,
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and then the final thing is, the cases that I handle
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let me go back to my first point 'cause here's my concern.
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Somebody is gonna get a report,
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and they're gonna say to themselves,
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even though they've heard me say this.
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They're gonna say, well I know he said that,
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but he can't be talking about, this is just too solid,
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there's nothing that can be done about this.
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I am talking to you.
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And I am telling you I don't care what the report says
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don't evaluate it on your own, let me do it,
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and so don't ever think, well know he can't be talking
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about me because this is just too foolproof.
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Let me look at it alright, those are my two points.
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Now the types of cases are any type of damage
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to your home or building or your boat house
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your dock, anything from wind, from flying debris
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from water that's not all I do.
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I do fire cases, where, any time your insurance company
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says no, is low, or slow is a good case
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and I don't care if it's a shingle roof, a slate roof,
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barrel tile roof, I don't care if it's cracks in the wall,
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I don't care if it's mold in the house.
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I don't care if the toilet backs up.
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I don't care if the lift station went out
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and you're the last house on the row
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and then all the sewage pumps into your house,
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I've had 'em all I don't care what it is.
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Anything that can damage a building,
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I have not had a meteorite yet,
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but I am waiting for it. (audience laughing)
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Anything that can damage a building,
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I pretty much have handled,
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and so that's one case where you got damage
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and your insurance company says no,
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it's a good case let me look at it.
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Second, you got a roof, it is, let's say it is a 28 year old
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three tab shingle roof, might not be pretty
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but it was keeping the water out.
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The wind came in, now, you don't even have any leaks
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on the interior leaks on the interior roof of your house
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but a roofer's gone up and said the sealant strip
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underneath the shingle, and you do have a sealant strip
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underneath your shingle has lifted up.
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Your shingles, you aren't missing one shingle,
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but now it's sat back down on the other shingles
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but that sealant strip has been broken
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and it'll never reseal, that's a good case
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for me to take a look at.
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Your insurance company says nope, it's 28 years old
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any problems you got are wear and tear, deterioration.
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We're not buying it we're not paying,
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that's a good case for me to take a look at.
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Or your insurance company says, alright we'll give you,
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you do have damage but you don't need your roof replaced
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well give you $2,500 it's less than your deductible
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that's a good case for me to look at.
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There's a rule in Florida, they gotta match,
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you can't just fix shingles you gotta match 'em,
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and so you can't spot repair 'em you have to match 'em
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by statute, it's not in your policy.
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They'll never tell you about it but it is in the statute.
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There's a 25% rule that says if 25% of the section
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of a roof has to be repaired or replaced,
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they gotta do the whole thing.
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They're not gonna tell ya that.
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So, if they say, and a roofer says
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need to replace it and an insurance company says
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no we'll give you $2,500 let me look at it.
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I've tried those cases many many times.
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If they say, interior damage, is covered
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but the roof's not good case let me take a look at it.
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You say the roof's $15,000 to replace,
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they say it's $12,000 let me take a look at it.
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'Cause if they say no, if they're low, or slow,
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that's a good case for me and the final one is,
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and I know this has happened a lot.
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People have submitted the claim, either an adjuster has not
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come out or they adjuster's come out and disappeared.
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Dropped off the face of the earth
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and you haven't heard anything.
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The insurance company by statute has 90 days
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to pay or deny your claim.
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Now in the infinite wisdom of our legislator,
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not this one sitting here, our former legislator,
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but in the infinite wisdom of our legislature
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I'll bet he fought this one.
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It says 90 days to pay or deny, guess what the last
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sentence of that statute says, however the failure
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to pay or deny within 90 days shall not form
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the basis of a law suit, not a lot of teeth in that one.
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But I can work with it.
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Any time they say no, are low,
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or slow that's a good case for me to take a look at.