Hurrican Wilma Claim/ 25% Rule
Again, thank you kindly.
William H. Beaver II, Esquire
GrayRobinson, P.A.
301 East Pine Street, Suite 1400
P.O. Box 3068 (32802-3068)
Orlando, Florida 32801
Main: 407-843-8880 | Fax: 407-244-5690
Email: William.Beaver@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 11:43 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/
* 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>
Many counties/cities had the same or similar language whereby % of damage to repair ratio existed in their ordinances.
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 Charles B. Hernicz, Esq
Sent: Monday, April 18, 2011 10:52 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule
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/
[cid:image001.png@01CBFDB7.C17B0AE0][cid:image002.jpg@01CBFDB7.C17B0AE0]
- 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@01CBFDB7.C17B0AE0]http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4
I am diving into a similar issue but the original loss in my instance was a sinkhole. The city is now refusing to issue a CO following sinkhole repair unless certain life/safety changes are made to existing structures. The HOA I represent obviously wants the cost of making those changes covered by insurance.
Should I come across any additional authority I will be happy to share it.
Justin R. Zinzow | Zinzow Law
[cid:image005.jpg@01CBFDC5.389DEE50]Board Certified Construction Specialist
35111 U.S. Highway 19 N.
Suite 302
Palm Harbor, FL 34684
Ph: (727) 787-3121
Fax: (727) 787-3231
Websitehttp://www.zinzowlaw.com/ | Biohttp://www.zinzowlaw.com/attorney-profiles/Justin-Zinzow/
[cid:image006.jpg@01CBFDC5.389DEE50]
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 727-787-3121 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by 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, are not intended to be advice to avoid tax laws or penalties, and are not intended to be used or referred to in any marketing or promotional materials.
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 | 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:image007.gif@01CBFDC5.389DEE50][cid:image008.jpg@01CBFDC5.389DEE50]
- 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:image009.gif@01CBFDC5.389DEE50]http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4
Thanks Justin and I will do the same.
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>
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Justin Zinzow
Sent: Monday, April 18, 2011 12:36 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Hurrican Wilma Claim/ 25% Rule
I am diving into a similar issue but the original loss in my instance
was a sinkhole. The city is now refusing to issue a CO following
sinkhole repair unless certain life/safety changes are made to existing
structures. The HOA I represent obviously wants the cost of making
those changes covered by insurance.
Should I come across any additional authority I will be happy to share
it.
Justin R. Zinzow | Zinzow Law
Board Certified Construction Specialist
35111 U.S. Highway 19 N.
Suite 302
Palm Harbor, FL 34684
Ph: (727) 787-3121
Fax: (727) 787-3231
Website http://www.zinzowlaw.com/ | Bio
http://www.zinzowlaw.com/attorney-profiles/Justin-Zinzow/
NOTICE: This e-mail message and any attachment to this e-mail message
contains confidential information that may be legally privileged. If you
are not the intended recipient, you must not review, retransmit, convert
to hard copy, copy, use or disseminate this e-mail or any attachments to
it. If you have received this e-mail in error, please notify us
immediately by return e-mail or by telephone at 727-787-3121 and delete
this message. Please note that if this e-mail message contains a
forwarded message or is a reply to a prior message, some or all of the
contents of this message or any attachments may not have been produced
by 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, are not intended to be advice to avoid tax laws or
penalties, and are not intended to be used or referred to in any
marketing or promotional materials.
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/>
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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 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/
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Last year I had no problem getting a new roof, personally, from AMICA, due to this issue, but I had law and ordinance coverage, which AMICA referenced in the claim check.
Howard Allen Cohen
Board Certified Real Estate Lawyer
hac@atkinson-diner.commailto:hac@atkinson-diner.com
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
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To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, U.S. federal tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (a) avoiding tax-related penalties imposed under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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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 11:07 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.commailto: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:image002.png@01CB0330.4CD28650][LH 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.
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