[RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule

Mon Apr 18 08:39:02 PDT 2011

By the way, could you please resend the case as I seem to have
inadvertently deleted that email.  Thank you in advance.

William H. Beaver II, Esquire

GrayRobinson, P.A.
301 East Pine Street, Suite 1400
P.O. Box 3068 (32802-3068)
Orlando, Florida 32801
Main: 407-843-8880 | Fax: 407-244-5690
Email: William.Beaver at gray-robinson.com

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________________________________

	From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Chuck Young
	Sent: Monday, April 18, 2011 11:22 AM
	To: RPPTL constructionlaw
	Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25%
Rule

	This is a case that I came across after Ivan that I saved but
never had to actually argue to a Court.  I do not recall finding
anything at the time in Florida that was similar.

	Sincerely,

	Chuck Y

	Charles P. Young, Esq.

	Board Certified in Construction Law

	Emmanuel, Sheppard & Condon, P.A.

	30 South Spring Street

	Pensacola, Florida 32502

	850-433-6581

	850-429-0492 (Fax)

	From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
William H. Beaver II, Esquire
	Sent: Monday, April 18, 2011 10:07 AM
	To: RPPTL constructionlaw
	Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25%
Rule

	Mr. Young:

	The case seems to be pretty much dead on for the question
posited.  However, and this is a very legitimate question, have you had
much success getting courts here to follow this, or any other out of
state, ruling?  And the obvious question...I assume there is nothing
analogous from Florida?

	William H. Beaver II, Esquire

	GrayRobinson, P.A.

	301 East Pine Street, Suite 1400 

	P.O. Box 3068 (32802-3068) 

	Orlando, Florida 32801

	Main: 407-843-8880 | Fax: 407-244-5690

	Email: William.Beaver at gray-robinson.com

	GRAY | ROBINSON <http://gray-robinson.com/> 

	ATTORNEYS AT LAW <http://www.gray-robinson.com/> 

	This e-mail is intended only for the individual(s) or entity(s)
named within the message. This e-mail might contain legally privileged
and confidential information. If you properly received this e-mail as a
client or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended
recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney-client privilege.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying
of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete
the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship
with the sender.

	Disclaimer under Circular 230: Any statements regarding tax
matters made herein, including any attachments, are not formal tax
opinions by this firm, cannot be relied upon or used by any person to
avoid tax penalties, and are not intended to be used or referred to in
any marketing or promotional materials.

	Please be advised that this law firm may be acting as a debt
collector and is attempting to collect a debt and any information
provided will be used for that purpose.

________________________________

		From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Chuck Young
		Sent: Monday, April 18, 2011 10:51 AM
		To: RPPTL constructionlaw
		Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma
Claim/ 25% Rule

		Mr. Robinson,

		See if this case is the type of argument you are looking
for?

		Sincerely,

		Chuck Y

		Charles P. Young, Esq.

		Board Certified in Construction Law

		Emmanuel, Sheppard & Condon, P.A.

		30 South Spring Street

		Pensacola, Florida 32502

		850-433-6581

		850-429-0492 (Fax)

		From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Raymond L. Robinson
		Sent: Monday, April 18, 2011 9:29 AM
		To: constructionlaw at lists.flabarrpptl.org
		Subject: [RPPTL-constructionlaw] Hurrican Wilma Claim/
25% Rule

		I have a situation where a client of mine, that suffered
a loss from Hurricane Wilma, is having difficulty in a claim under its
insurance policy in recovering the cost to repair/replace their roof up
to the current  code.  Apparently there was an error in the 2004 Code
which went  into effect on October  1, 2005 that omitted the 25%
provision and the insurer is questioning whether they are obligated to
pay for the new code upgrade even though the County is requiring same.
Wilma hit on October 25,2005 but the Code was not corrected until after
that date. 

		Any help would be greatly appreciated.

		  Raymond L. Robinson, Esq.

		  Cell: (305) 632-4384

		  http://www.rrobinsonlaw.com/
<http://www.rrobinsonlaw.com/>   

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