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

Tue Apr 19 15:34:15 PDT 2011

Last year I had no problem getting a new roof, personally, from AMICA, due to this issue, but I had law and ordinance coverage, which AMICA referenced in the claim check.
Howard Allen Cohen
Board Certified Real Estate Lawyer
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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 11:07 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?

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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 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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