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

Mon Apr 18 09:36:21 PDT 2011

I am diving into a similar issue but the original loss in my instance was a sinkhole.  The city is now refusing to issue a CO following sinkhole repair unless certain life/safety changes are made to existing structures.  The HOA I represent obviously wants the cost of making those changes covered by insurance.

Should I come across any additional authority I will be happy to share it.

Justin R. Zinzow | Zinzow Law
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Ph: (727) 787-3121
Fax: (727) 787-3231
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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 11:43 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
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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/

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