Gunn Law Blog

Gustav & Hanna - Fee Caps for Public Adjusters

It is clear that we are in the midst of an active hurricane season with Gustav and Hanna approaching the continental U.S. and much of Florida still absorbing Fay's deluge. Yesterday, the St. Petersburg Times reported that insurance claims from Tropical Storm Fay were approaching 17,000. Our thoughts are with all those who may be in the path of Gustav, as this storm seems to be particularly well-organized. Residents along the gulf coast should take advantage of the long weekend to take precautions.

For those public adjusters in Florida, please be aware that the Governor's declaration of a State of Emergency triggers FAC Rule 69B-220.201(5) which caps the fee a Public Adjuster can charge to 10% of the claim amount paid and also prohibits a Public Adjuster from collecting any fees, retainers, deposits or anything of value prior to the insured or claimant receiving a claim payment. This applies to any Tropical Storm Fay insurance claims that you may handle. 

Regards,
Lee D. Gunn IV
Gunn Law Group, P.A.
Tampa, Florida

Judge Carey - Rethinking the Recount Process

Judge Carey's election is now in a recount with him 277 votes behind his opposition, attorney Catherine Catlin. I can tell you that this can challenge a belief in submitting sitting judges to the re-election process. Still, I believe that there must be direct voter input into the process of selecting our judges. Perhaps a once elected judge should be subject to a merit retention vote, rather than a direct contested election. The merit retention is currently used to allow voters to have input into our appellate system. It might work well for the judges who have been elected to a trial court. I do not know what the answer is for a trial judge appointed, but not elected, due to an opening during a term. Perhaps such an appointment should be subject to open election for the first election cycle and merit thereafter. My concern is for the politicizing of judicial office and the escalation of the contentious and expensive nature of any campaign for any office, even a non-partisan one.

Thank you to all who voted, as you are among the less than 5% who voted at all.

Regards,
Lee D. Gunn IV
Gunn Law Group, P.A.
Tampa, FL

Reelect Judge Kevin Carey

To our friends in Hillsborough County, please let me highly recommend Judge Kevin Carey for reelection on August 26, 2008.

I have known Judge Carey since undergraduate school at UF where we were both members of Florida Blue Key. Judge Carey was elected to the Circuit Court in 2002. He has served with distinction in various divisions of the court. He received the highest ratings from the local Bar poll.

His opponent has largely run a negative campaign, acussing Judge Carey of being indecisive and inattentive in her literature. Apparently, she sold the local papers on this rhetoric, despite the court statistics which place Judge Carey's disposition rate in line with his peers (4th out of 7 in the Family Law Division).

Judge Carey has two young children and gave up a lucrative law practice at Carlton Fields to perform service on the bench. He has provided that service with care and compassion. I you would like to learn more about why you should vote for Judge Carey please visit www.judgekevincarey.com . He has earned your vote.

Many Thanks,
Lee D. Gunn IV
Gunn Law Group, P.A.
Tampa, Florida

Insurance Policy Holders Beware, Hurricane Deductibles DO NOT Apply to Fay

As of August 22, 2008, Tropical Storm Fay is not a hurricane and the higher deductible associated with homeowner insurance policies in Florida does not apply. Review your policy for the "all other perils deductibles." When presenting a claim to your insurance carrier, be sure to confirm that they agree that the proper deductible applies. Visit the Office of Insurance Regulation website at www.floir.com to find out more about hurricane deductibles.

Fay is a good example of why all homeowners should consider buying flood insurance, even if you do not live near water or in a defined flood zone. Inland rains of over 20 inches in various Florida counties are causing catastrophic floods far from any river or coastal area. Flood damage is typically not covered by a standard homeowner's policy. Flood coverage is afforded by the National Flood Insurance Program and remains one of the more affordable coverages in the market. Find out more at: www.floodsmart.gov . There is still time to purchase flood insurance this season; however, keep in mind that in most cases there is a 30 day waiting period before flood coverage takes effect.

Best Regards,
Lee D. Gunn IV
Gunn Law Group, P.A.
Tampa, Florida 

Tropical Storm Fay Far From Done

The 2008 Hurricane Season is now a reality. TS Fay has brought torrential rains and associated flooding to much of south and central Florida and her work is far from done.

Please stay safe. Even though this storm does not have high winds or surge, it can still be dangerous. As the video of the kite boarder shows a storm like Fay is not to be taken lightly. Wind gusts and undertow can make beach activities unpredictably dangerous. Be cautious when encountering street flooding.

This storm will likely cause most of its damage with flooding. Be sure to have your homeowners and property insurance policies in a safe place. Remember that flood policies have especially critical time limitations for presenting claims. FEMA has a new website for flood policy information: www.floodsmart.gov .

Kind Regard
Lee D. Gunn IV
Gunn Law Group, P.A.
Tampa, Florida