Have you got a dog? Do you know if your Homeowner’s Insurance company will cover a dog bite incident? You should. Take a look at the article link below. It may surprise you. Need more answers. Need Animal Liability Coverage? Call SWFL Insurance Agency, we have the answers 239-265-9577. Dog Breeds Most Often Blacklisted
The Insured’s 18 year old son was driving the Insured’s car on a short trip to the store with his girlfriend, the Claimant. The car left the roadway and struck a tree. The Insured’s son told the police that a vehicle cut him off, but there were no witnesses and no evidence of any impact with another car. The Claimant has no recollection of the accident. The Claimant, a 19 year old college student, was hospitalized for over a month with multiple fractures and internal injuries. She was in a wheelchair but is now able to walk with crutches and continues with physical therapy. She has a right drop foot as a result of the injuries. The Insured’s personal auto bodily injury limit and the personal umbrella policy limit was paid.
The Claimant and Insured have been longtime friends, live on the same street, and the Claimant had been to the Insured’s home on many occasions. The Insured lives in a home with a brick patio which had been constructed in the 1960s. Bricks were replaced one year before the incident. An area of the patio is bordered by an 18 inch retaining wall with a flower bed between the wall and the brick patio. The Insured, Claimant, and another Friend met at a club, had a few drinks, and all returned to the Insured’s home where they sat on the patio in lawn chairs and continued drinking. At approximately 11:00 PM, the Insured went inside to the kitchen. The Friend also entered the house to call a cab. When the Friend went back outside, the Claimant was no longer on the patio. He found the Claimant unconscious on the ground on the other side of the patio retaining wall. The Claimant remembers falling, but does not remember how it happened. According to the Insured, on other occasions when the Claimant had been at the home, a patio table was in front of the retaining wall. The table had been removed, exposing an area of the wall. The Claimant, age 56, sustained a spinal cord injury which rendered him an incomplete quadriplegic. He underwent surgery and was on a feeding tube for several months. He was able to return home 6 months after the incident, but continues to suffer partial paralysis of his arms and legs. He uses an electric wheelchair to get around his house and requires assistance with some activities of daily living. The Claimant owned his own business and was married 1 month before the incident. His wife now cares for him at home. The settlement to the Claimant exhausted the underlying coverage limits and paymentwas made under the personal umbrella.
Claimant, age 2, was on the Insured’s property with his grandparents who were there to care for 2 horses owned by the Insured. The Insured were out of town on vacation. The Claimant was kicked by one of the horses, taken to the emergency room, and then life flighted to a larger hospital. The Claimant was given a 5% chance of survival and underwent surgery for a cracked skull (a piece of which was missing) with 30% damage to the right side of his brain. He survived and is residing in a neighboring state at a rehabilitation center. A large payment was made under the personal umbrella policy.
What Should Brokers/Agents Do To Protect Themselves From Liability? 1. The Brokerage can restrict their agents’ activities to those defined by the listing contract. The typical listing contract does not contain language that would obligate the listing agent to “oversee the property”, “close up/ open up the property”, “check periodically on the property”, or take on other non‐traditional real estate listing services. 2. If an agent does undertake any additional tasks which are not defined by the listing agreement,the listing agreement should be amended to clearly state what it is that the agent is undertaking. Vague statements such as “keeping an eye” on the property should be avoided. 3. Any contractual obligation for maintenance or repair should run from the owner to the service provider and not through the agent. The agent should not be a party to a contract with a service provider regardless of the owner’s assurance of reimbursement. 4. The brokerage should determine, before any non‐traditional tasks are undertaken, if there is appropriate insurance coverage to provide protection in the event of any claims. If the agent is performing actual property management, it is important that the agent understand that all payments for management services must be run through the brokerage. Any payments outside the brokerage may undermine insurance coverage and may be in violation of state licensing laws. 5. If the property requires work before it can be listed, the agent should confirm the work has been completed and done properly before the property is opened for showings. For example, if the agent was called upon by the seller to arrange for a repair to the property, the agent should determine that repair was made prior to the property being listed for sale especially if that repair, if not done properly, could injure people viewing the property. 6. Any knowledge the agent acquired because of their role in overseeing or arranging for repairs to the property is knowledge that will need to be disclosed by them as part of the real estate transaction. Specific state laws define the obligation of real estate agents to disclose material facts but knowledge acquired by the agent as a result of their taking on non‐traditional tasks is knowledge nonetheless that may need to be disclosed to potential buyers. Agents taking on non‐traditional tasks to aid sellers in maintaining and marketing property need to appreciate that all additional tasks that they undertake may expose them to potential liability. Such additional tasks should be undertaken with caution. If undertaken, the exact parameters of the task should be memorialized in writing. The agent should not be the contracting party for repairs with service providers. The agent should also make sure that insurance coverage is in place. Finally, any knowledge they acquire as a result of this additional work may need to be disclosed to potential buyers. Many real estate agents pride themselves on providing full service to their clients. But full service should not include full liability. An excerpt from the Real Risks Newsletter, Travelers. Not sure your E&O coverage would cover these situations. Travelers Real Estate Agents / Property Manager E&O provides professional liability protection for claims or suits resulting from real estate agent or broker professional services. Call SWFL Insurance Agency, Inc. for a review of your present coverage and a Competitive Premium proposal – 239-265-9577
Here is the Question? If I have Medicare or Health insurance, will it respond if I am injured in an auto accident? Do I need Uninsured Motorist coverage if I have Medicare or Health Insurance? In Florida, your auto insurance policy should include Personal Injury Protection (PIP-No Fault), Medical Payments, Bodily Injury and Property Damage Liability Coverage and Uninsured Motorist Coverage. If you or a family member were injured in the accident, the first coverage to respond is PIP, which will provide reimbursement for medical bills and lost wages up to a typical coverage amount of $ 10,000. (other options are available). Medical payments would reimburse medical expenses up to the purchased limit of coverage (typically- $ 5,000). You would then be able to submit claims to your Health Insurance carrier for medical bills ONLY. You would want to let your Health carrier know about the accident immediately so that they could co ordinate benefits going forward. So, yes your medical insurance will respond if you were injured in an auto accident……..However, medical bills are only a part of the TOTAL COSTS of being injured. The following is a list of costs actually incurred by a real person, who we will call Bill. Bill has Liability Limits of $ 50,000/$100,000., Basic PIP ($10,000.), Medical Payments ($5,000.) and UM of $ 50,000./$ 100,000. As a result of an accident the following expenses and losses were incurred by Bill. $75,000 for prior medical bills. $175,000 for future medical bills. $20,000 for prior lost wages. $300,000 for future lost wages. $1,000 for a wheelchair since Bill is unable to walk now. $10,000 for future wheelchairs. $30,000 for a special van to transport Bill and his wheel chair. $90,000 for future vans. $20,000 to retrofit the house to accommodate the wheel chair. $25,000 for a yard service for Bill’s remaining life expectancy, since he is unable to cut the yard now. $100,000 for future pain and suffering. $100,000 for the loss of “family comfort” with his wife. $100,000 for the loss of the ability to coach youth softball. $200,000 for future loss of the enjoyment of life. Bill is able to collect $ 65,000. from his auto carrier. So…..what choices does Bill now have. If he were not at fault in the accident, and did not purchase Uninsured Motorist coverage at adequate coverage limits, he will have to hire a lawyer, wait…..and share any recovery with the attorney. BUT…..what if he had purchased Liability Limits and Stacked UM coverage of $250k/$500k and he owned three cars with the same coverage? He would have $ 750,000 of Bodily Injury Liability Coverage available to pay his claim for damages. All of the items noted above could be paid by his carrier. The PROBLEM…….Remember, In Florida, a driver is not required to have or prove any auto insurance coverage in order to receive a driver’s license. Second, a driver in Florida is only required to have Personal Injury Protection (PIP-No Fault) and Property Damage Liability coverage to register a vehicle. He is not required to purchase or carry Bodily Injury Liability coverage until after he causes a serious loss. So, Let’s read that again……Florida Law does not require Bodily Injury Liability coverage on your vehicle until after you are at fault in an accident. This is why Uninsured Motorist Coverage exists…….It is estimated that about 24% of the vehicles and drivers on Florida’s roads are Uninsured, about 1 in 4. Protect your family, always purchase Uninsured Motorist at the same limits as your Bodily Injury limits….Always purchase Stacked UM limits…the cost is small, but the potential benefit is huge. Call SWFL Insurance Agency, Inc. for a complete review of your Personal Auto policy and a No Obligation premium proposal. 239-265-9577 www.SWFLAgency.com
For tenants in Fort Myers, FL, renters insurance includes a host of coverage, not the least of which is personal property coverage. Personal property coverage is the portion of a renters insurance policy that protects the policyholder’s belonging. It’s an important coverage to consider when you’re choosing a renters insurance policy, but it’s hardly the only one to look at. Here are some other coverage options you might want to look for in a renters insurance policy if you rent a place in Florida. Other Renters Insurance Coverage When looking at a renters insurance policy, you might notice any number of coverage choices that complement the policy’s personal property coverage. A few of the other protections you may come across include: medical payments coverage liability coverage property damage to others coverage additional living expenses coverage Because there’s no single set of coverage options that are included in every policy, you might find some policies that have several of these options and others that have very few. You’ll need to consider which ones you want and look for a policy that includes those. Renters Insurance Rates Renters insurance premiums generally correlate to the coverage that policy includes. Most of the time, policies that have more protections cost more than those that have less. There are exceptions to this rule of thumb, though. Sometimes people come across quite a few exceptions when they’re looking for renters insurance. The exceptions arise when different insurance companies assess different values to the above-listed coverages. Some companies price them higher than others, thus altering the cost of policies. At SWFL Insurance Agency, we have a team of independent insurance agents who can compare all of the different policies available from insurers in Florida. We’ll make sure to find you the lowest premiums on a renters insurance policy that includes the coverage you desire. To speak with an agent, contact us today.
Homeowners insurance is designed to bring your home and possessions back to the same condition they were in before a loss occurred. There are several different types of homeowners policies offered by a wide variety of insurance companies and not all coverages are the same. You should speak directly with an agent at SWFL Insurance Agency about your specific coverage needs. The most common Policy Form written in Florida is the HO3. The information below applies to the HO3. While reading through the information below, you should keep in mind a couple definitions: (a) Exclusions are situations where your policy does not provide coverage; and (b) Liability is something for which you are legally responsible. Coverage A – Dwelling Imagine your house on moving day…empty, waiting to be filled. This is the part referred to as Coverage A: your physical home (walls, fireplaces, tile floors, carpeting, etc.) and the structures attached to it, such as an attached garage. The current real estate market does not effect the insurance value of your home. Your home should be insured for the Replacement Cost or amount that it would cost to rebuild in full (to current building code) in the event of a total loss. If you aren’t sure your home is adequately insured, you can check with your Independent Agent at SWFL Insurance Agency. Coverage B – Other structures Not all structures that exist on your property are actually attached to your house. Therefore, Coverage B offers insurance protection if you have other structures such as a pool, detached garage, gazebo, or storage shed. Coverage C – Personal property Your personal possessions such as furniture, clothing and appliances are covered. Certain types of possessions are excluded or have limited coverage. Please see personal property exclusions and limits of coverage for more specific information. Coverage D – Loss of use This coverage is also called Additional Living Expense. Essentially, this pays for your increase in housing and other living expenses (like meals and laundry) if a major loss makes your house uninhabitable and you have to move out temporarily while it’s being repaired. Covered perils Coverage A & B are insured against risk of direct loss or all risk subject to conditions and exclusions. Sinkhole is excluded. Coverage C are insured for the specific perils listed below subject to conditions and exclusions. fire or lightning windstorm or hail explosion aircraft vehicles riot or civil commotion smoke theft vandalism/malicious mischief glass breakage Some policies also provide coverage for: falling objects weight of ice, snow or sleet freezing of plumbing accidental plumbing discharge rupture of steam or hot water heating system, air conditioning systems, or water heaters damage from artificially generated electricity. volcanic eruption catastrophic ground cover collapse (not sinkhole) Exclusions A homeowners policy does not provide coverage for the following perils loss due to flood, or water that backs up through sewers loss to building by earthquake, aftershocks and mud slides loss by enforcement law or ordinance regulating construction, repair or demolition, or zoning loss due to power interruption when the interruption takes place off the residence property loss due to neglect of the insured to save and preserve property following a loss war and nuclear perils intentional loss. sinkhole Limits of liability For basic homeowners policies, a specific minimum amount of coverage is required for each of the major property coverages, based on the primary amount of insurance selected. Some of these excluded coverages may be purchased for an additional premium. Coverage A (Dwelling) = Typically set by Insurance Carrier at 100% of Replacement Cost Coverage B (Other Structures) = 10% of Coverage A limit Coverage C (Personal Property) = 50% of Coverage A limit Coverage D (Loss of use) = 20% of Coverage A limit. For example, if your home is insured for $100,000 under Coverage A: Coverage B liability limit is $10,000 Coverage C is $50,000 Coverage D is $20,000. Deductibles With a homeowners policy, a deductible applies to the property portion of the policy. A deductible is the amount you would have to pay out of your own pocket before the insurance coverage kicks in. Typical deductibles are $500 or higher and some policies have several deductibles. Florida homeowners policies also have a Calendar-Year Hurricane Deductible. The hurricane deductible will only apply once per calendar year and is stated as a “percentage” of Coverage A. This means if you have one hurricane loss, your Calendar-Year Hurricane Deductible will be applied. However, if you have losses from subsequent hurricanes during the same calendar year, the deductible for the additional hurricane losses will be the greater of: The remaining amount of the “Hurricane Deductible” (if not exhausted by the original loss), or The “All Other Perils Insured Against” Deductible. Typically the higher the deductible you select, the lower your premium payment is Optional coverages There are a number of optional coverages (also called endorsements) which enhance your basic homeowners policy either by adding or removing certain coverages. Some of the more common add-on coverages include: Broadened coverage for contents: provides “all-risk” protection for your possessions. This means that your personal property is covered in most situations, regardless of the cause of loss. Personal Articles Floater: provides specific amounts and worldwide protection for special property such as jewelry, silverware, fine art, furs, cameras, firearms, musical instruments, and home computers for an extended variety of losses Sinkhole: Provides coverage for loss caused by a “sinkhole” as defined by Florida law. Personal property exclusions and limits of coverage Water back up of sewers or drains: you’re covered for a specific dollar amount if water backs up through a sewer or drain, or overflows from a sump pump. Contents replacement cost coverage: after a loss, you would be paid based on the cost to buy new…with no deduction for depreciation…subject to your policy limits and deductible. Special limits apply to certain items such as jewelry, watches and furs. Personal Property exclusions and limits of coverage Certain classes of property are specifically excluded from coverage because
Timely and Important Topics that can Save Money and Protect Your Wealth Attention Condo Owners on Fort Myers Beach and Sanibel….We now offer Condo Owners Insurance Policies that include Wind and Flood coverage. These policies provide coverage for “weekly rentals”. Call 239-265-9577 for a comparison premium quote. We offer very competitive Auto Insurance Premium rates for “Seniors” through the Travelers Insurance Company. Call us at 239-265-9577 or request a quote at www.SWFLAgency.com. It is Hurricane season again….Make sure your Homeowners, Condo Owners and Flood Policies are up date and that the insured values are accurate. Do not assume that everything is fine, have your policies reviewed today. Make sure your “Replacement Cost” has been evaluated. We offer free reviews and premium quotations with no obligation. Dairyland Motorcycle Insurance can Save you Money !!!!! By Combining Multiple Discounts, Dairyland may be the Best Deal in Florida. Save up to 7% with Dairyland, when your Homeowners policy is provided by SWFL Insurance Agency. Rider Group Discounts for Members of HOG, and some 30 additional groups. Special Discounts for Military Rider Groups, both active and retired. Flood Facts…To be considered a flood, the water that causes damage must have covered at least two acres or have affected at least one other property. Also, if your home sustains any mold or mildew damage that you could have prevented from occurring, your policy won’t cover such damage. Additional living expenses and business interruption is not covered. Call if you have questions. If you have had a Wind Mitigation Inspection of your home, you may be able to create serious premium savings for years to come by having your roof truss to wall metal connection updated by adding nails. Give us a call to discuss. Every home is different. We will need to review your wind mitigation report, so have it handy when you call. Some of our clients have saved as much as $900.+ per year. Watch for future Newsletters with new topics of interest. Don’t miss our timely articles on our Blog at www.SWFLAgency.com Call 239-265-9577 for Quick Quotes or visit www.SWFLAgency.com Providing Auto, Motorcycle, Golf Cart, Home, Condo, Flood, Business Insurance Health, Medicare and Life Insurance SWFL Insurance Agency, Inc. SWFL Insurance Associates, Inc. Lee County 8595 College Pkwy, Suite 160, Fort Myers 239-265-9577 Charlotte County 3718 Tamiami Trail, Unit C, Port Charlotte 941-624-3444 Collier County 2500 Tamiami Trail N. Unit 113, Naples 239-649-4442
When choosing your coverage limits, consider three things: The risks you may face. Consider your risk exposures as a homeowner, condo owner or renter such as swimming pool, sport activities, scooters, bicycles, golf carts, property you own and its features, etc. The risk of causing an auto accident during your work commute, and any potentially dangerous activities you participate in that could put those around you at risk of bodily injury or property damage. The value of your assets. These include real properties, possessions, stocks, bonds, savings and retirement funds. The more assets you have to protect, the higher the umbrella policy limit you should consider. The potential loss of future income. Because liability lawsuits can result in loss of both current assets and future income, even those with few assets to protect may want to consider the long-term ramifications of a serious claim. When you review your future income, consider your earning potential. You may not have many assets now, but if you’re on track for a high paying career, you could be involved in a lawsuit that can target money you haven’t earned yet. Speak with an independent insurance agent at SWFL Insurance Agency, inc. to determine your specific risk factors and learn more about how to protect your current and future assets. We have Umbrella liability Policies starting at $ 250. Annually. Call us at 239-265-9577.
