Release Of All Claims Attached To Some Hurricane Irma Payouts

Some Florida homeowners are finding that their insurance companies are employing an interesting strategy to avoid future claims. Settlement checks sent by at least three companies include language saying that accepting the check releases the companies from further obligations connected to the claim. Plaintiffs’ attorneys say they have major problems with this strategy: It tries to intimidate policyholders into not seeking payment for additional costs that come up during repairs, and is likely unenforceable.
Palmetto Bay-based trial attorney Joe Ligman pointed to a section of Florida insurance law stating an insurer, after paying “actual cash value” for an insured loss minus any applicable deductible, “shall pay any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred.”