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

Mon Apr 18 08:56:20 PDT 2011

Again, thank you kindly.

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

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 11:43 AM
	To: RPPTL constructionlaw
	Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25%
Rule

	Here it is.

	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 10:39 AM
	To: RPPTL constructionlaw
	Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25%
Rule

	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

	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 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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