Hurrican Wilma Claim/ 25% Rule

RL
Raymond L. Robinson
Mon, Apr 18, 2011 2:29 PM

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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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/> * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
CY
Chuck Young
Mon, Apr 18, 2011 2:50 PM

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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/

[cid:image001.png@01CBFDAE.1D9EE300][cid:image002.jpg@01CBFDAE.1D9EE300]

  • CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Connect with Robinson & Associates, P.A.

[cid:image003.png@01CBFDAE.1D9EE300]http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4

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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/ [cid:image001.png@01CBFDAE.1D9EE300][cid:image002.jpg@01CBFDAE.1D9EE300] * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. [cid:image003.png@01CBFDAE.1D9EE300]<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
WH
William H. Beaver II, Esquire
Mon, Apr 18, 2011 3:06 PM

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@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/>   

 

  

* CONFIDENTIALITY NOTICE: This e-mail message, including

attachments, if any, is intended only for the person or entity to which
it is addressed and may contain confidential and/or privileged material.
Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by
reply e-mail, destroy all copies of the original message, and do not
disseminate it further. If you are the intended recipient but do not
wish to receive communications through this medium, please advise the
sender immediately.

Connect with Robinson & Associates, P.A.

<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso
ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>

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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/> * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
CY
Chuck Young
Mon, Apr 18, 2011 3:22 PM

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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@gray-robinson.com
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/

[cid:image001.png@01CBFDB1.6E1B9050][cid:image002.jpg@01CBFDB1.6E1B9050]

  • CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Connect with Robinson & Associates, P.A.

[cid:image003.png@01CBFDB1.6E1B9050]http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4

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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/ [cid:image001.png@01CBFDB1.6E1B9050][cid:image002.jpg@01CBFDB1.6E1B9050] * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. [cid:image003.png@01CBFDB1.6E1B9050]<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
WH
William H. Beaver II, Esquire
Mon, Apr 18, 2011 3:37 PM

Thank you sir.  Have a great day.

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@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/

	* CONFIDENTIALITY NOTICE: This e-mail message, including

attachments, if any, is intended only for the person or entity to which
it is addressed and may contain confidential and/or privileged material.
Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by
reply e-mail, destroy all copies of the original message, and do not
disseminate it further. If you are the intended recipient but do not
wish to receive communications through this medium, please advise the
sender immediately.

	Connect with Robinson & Associates, P.A.

<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso
ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>

Thank you sir. Have a great day. 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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/> * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
WH
William H. Beaver II, Esquire
Mon, Apr 18, 2011 3:39 PM

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@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/

	* CONFIDENTIALITY NOTICE: This e-mail message, including

attachments, if any, is intended only for the person or entity to which
it is addressed and may contain confidential and/or privileged material.
Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by
reply e-mail, destroy all copies of the original message, and do not
disseminate it further. If you are the intended recipient but do not
wish to receive communications through this medium, please advise the
sender immediately.

	Connect with Robinson & Associates, P.A.

<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso
ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>

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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/> * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
CY
Chuck Young
Mon, Apr 18, 2011 3:42 PM

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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@gray-robinson.com
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@gray-robinson.com
GRAY | ROBINSONhttp://gray-robinson.com/
ATTORNEYS AT LAWhttp://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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/

[cid:image001.png@01CBFDB5.56E66A00][cid:image002.jpg@01CBFDB5.56E66A00]

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Connect with Robinson & Associates, P.A.

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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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/ [cid:image001.png@01CBFDB5.56E66A00][cid:image002.jpg@01CBFDB5.56E66A00] * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. [cid:image003.png@01CBFDB5.56E66A00]<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
JG
Julie G. Sears
Mon, Apr 18, 2011 3:44 PM

I am familiar with this type of claim and am happy to provide
guidance/assist in any way. In fact, we have a case very similar on
appeal in the 11th Circuit.

When would be a good time to call you today?

Julie G. Sears
Attorney
Direct Dial (904) 562-1078
Telecopier (904) 562-1061
Email: jsears@bacharagroup.com mailto:jsears@bacharagroup.com

BACHARA
CONSTRUCTION LAW GROUP

Confidentiality Notice:  This message is being sent by or on behalf of a
lawyer. It is intended exclusively for the individual or entity to which
it is addressed. This communication may contain information that is
proprietary, privileged or confidential or otherwise legally exempt from
disclosure. If you are not the named addressee, you are not authorized
to read, print, retain, copy or disseminate this message or any part of
it. If you have received this message in error, please notify the sender
immediately by e-mail and delete all copies of the message.


From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
William H. Beaver II, Esquire
Sent: Monday, April 18, 2011 11:38 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule

Thank you sir.  Have a great day.

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@gray-robinson.com
GRAY | ROBINSON http://gray-robinson.com/
ATTORNEYS AT LAW http://www.gray-robinson.com/
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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/

	* CONFIDENTIALITY NOTICE: This e-mail message, including

attachments, if any, is intended only for the person or entity to which
it is addressed and may contain confidential and/or privileged material.
Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by
reply e-mail, destroy all copies of the original message, and do not
disseminate it further. If you are the intended recipient but do not
wish to receive communications through this medium, please advise the
sender immediately.

	Connect with Robinson & Associates, P.A.

<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso
ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>

I am familiar with this type of claim and am happy to provide guidance/assist in any way. In fact, we have a case very similar on appeal in the 11th Circuit. When would be a good time to call you today? Julie G. Sears Attorney Direct Dial (904) 562-1078 Telecopier (904) 562-1061 Email: jsears@bacharagroup.com <mailto:jsears@bacharagroup.com> BACHARA CONSTRUCTION LAW GROUP Confidentiality Notice: This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of William H. Beaver II, Esquire Sent: Monday, April 18, 2011 11:38 AM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule Thank you sir. Have a great day. 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@gray-robinson.com GRAY | ROBINSON <http://gray-robinson.com/> ATTORNEYS AT LAW <http://www.gray-robinson.com/> <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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/> * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
JG
Julie G. Sears
Mon, Apr 18, 2011 3:46 PM

All,

Please excuse the previous email! I will contact Mr. Robinson directly.

Regards,

Julie G. Sears
Attorney
Direct Dial (904) 562-1078
Telecopier (904) 562-1061
Email: jsears@bacharagroup.com mailto:jsears@bacharagroup.com

BACHARA
CONSTRUCTION LAW GROUP

Confidentiality Notice:  This message is being sent by or on behalf of a
lawyer. It is intended exclusively for the individual or entity to which
it is addressed. This communication may contain information that is
proprietary, privileged or confidential or otherwise legally exempt from
disclosure. If you are not the named addressee, you are not authorized
to read, print, retain, copy or disseminate this message or any part of
it. If you have received this message in error, please notify the sender
immediately by e-mail and delete all copies of the message.


From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@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@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
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Disclaimer under Circular 230: Any statements regarding tax matters made
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From: constructionlaw-bounces@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@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
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recipient forward or disclose this message to another person or party,
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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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Raymond L. Robinson
Sent: Monday, April 18, 2011 9:29 AM
To: constructionlaw@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/

	* CONFIDENTIALITY NOTICE: This e-mail message, including

attachments, if any, is intended only for the person or entity to which
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	Connect with Robinson & Associates, P.A.

<http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso
ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>

All, Please excuse the previous email! I will contact Mr. Robinson directly. Regards, Julie G. Sears Attorney Direct Dial (904) 562-1078 Telecopier (904) 562-1061 Email: jsears@bacharagroup.com <mailto:jsears@bacharagroup.com> BACHARA CONSTRUCTION LAW GROUP Confidentiality Notice: This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 9:29 AM To: constructionlaw@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/> * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Asso ciates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>
CB
Charles B. Hernicz, Esq
Mon, Apr 18, 2011 3:52 PM

The 2004 Code, that became effective in October 2005, was "upllemented" in
January and November 2006 to fix a number of oversights in the 2-year behind
schedule 2004 Code, and the 25% rule was put back in (I think in chapter 4
of the Existing Building Code).  The original 2004 Code and all of the
supplements are now the 2004 Florida Building Code.  If you are doing any
work subject to the 2004 Code, you must comply with that entire Code.

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond
L. Robinson
Sent: Monday, April 18, 2011 10:29 AM
To: constructionlaw@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/

cid:image002.png@01CB0330.4CD28650LH Address Line

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Connect with Robinson & Associates, P.A.

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The 2004 Code, that became effective in October 2005, was "upllemented" in January and November 2006 to fix a number of oversights in the 2-year behind schedule 2004 Code, and the 25% rule was put back in (I think in chapter 4 of the Existing Building Code). The original 2004 Code and all of the supplements are now the 2004 Florida Building Code. If you are doing any work subject to the 2004 Code, you must comply with that entire Code. Chuck Charles B. Hernicz, Esq. Board Certified in Construction Law by The Florida Bar Hernicz Legal Services, P.L. 15854 Bent Creek Road Wellington, FL 33414 Telephone: (561) 753-7511 Facsimile: (561) 753-7082 Chernicz@HerniczLegal.com From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Raymond L. Robinson Sent: Monday, April 18, 2011 10:29 AM To: constructionlaw@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/ cid:image002.png@01CB0330.4CD28650LH Address Line * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associat es-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4> Description: facebook 4040