SWFL Insurance

In Florida, we love our motorcycles. There is a wonderful freedom in jumping on a motorcycle and going for a cruise and going with a group of friends. It feels a bit like flying down the road. It is exhilarating. It is an adrenaline rush. It is also dangerous, especially at night. When an average person thinks of Florida, they might think of recreational parks and famous attractions. They might consider that the Everglades are full of alligators and maybe some snakes. What they rarely think about is the same terrain that many animals thrive in Florida also creates a very large population of deer. Deer migrate, especially during the mating season, which lasts from October to January. They run in herds and move about looking for good grazing areas and water. Because Florida is such a vast state, this means there are plenty of areas where deer cross the roads. Danger to Motorcycles Hitting a deer at highway speeds in a vehicle does a lot of damage to the car. Most of the time, if the occupants of the vehicle are wearing seat belts and do not swerve, but apply brakes strongly instead, the car is damaged but the occupants usually survive. With a motorcycle rider, hitting a deer is very different. A buck deer may weigh up to 200 lbs. If you hit a deer on a motorcycle, it is like running into a brick wall. A motorcycle rider flies over the handlebars and goes into the air like shooting out of a cannon. And then, lands head first into the pavement. This is not a pleasant event. Some die. It can happen in an instant. Safety First Take it easy when driving on Florida highways that are far for the cities. Expect that a deer may suddenly jump in front and be sure to get motorcycle insurance from SWFL Insurance Agency Inc. in Fort Meyers, Florida because you never know when some surprising thing may happen.

Today we live in a consumer market where personality from professionals plays a major role in being hired or not. No longer do customers have to settle with what it offered. Allowing for everyone on both sides to have options and a negotiable business relationship is a win-win situation. The difference between insurance companies and clients in our modern era is communication. As a customer, it is vital to understand all of the legal verbal language in contracts. Sometimes there are a few sections that the general public simply cannot comprehend. This is where independent insurance agent becomes a great asset. An individual will feel safe if they are treated like a person instead of another number. In Fort Myers, Florida, local neighborhoods understand the vital necessity for having proper insurance that benefits them. Whether it is for their automobiles, commercial properties, or residential homes, to go without insurance is not a logical option. Due to the weather inclement scenarios that could occur the area, consumers are looking for package deals. It is reasonable to want everything under one company than spread out. Independent insurance agents are able to quickly identify what the customer wants. It also means that they will be able to better provide them with the best options possible. SWFL Insurance Agency Inc. serves the local area with highly skilled representatives. Questions and concerns are welcomed, as their main goal is to make sure you receive the best quality service possible. If you would like to further review the companies background, specific coverage options, and current customer perspectives, please feel free to view their website at your earliest convenience.

So… you just purchased a condominium unit in Southwest Florida with plans to occupy the unit about three months each year during the winter. Your unit is on the fourth floor overlooking the back bay. Typically, the balance of the year, the unit will not be occupied or may be rented. What happens if a pipe breaks and floods my unit while I am away? What happens if my unit is vandalized or burglarized while I am away? What coverage do I have when the unit is being renovated and I move my furniture to storage? What happens when I rent the unit to others? Some definitions to consider……”Vacant” means entirely empty. “Unoccupied” means belongings of sufficient value are present to make it reasonable to believe that the insured has not abandoned them. Typically, if a unit is “vacant” for 30 consecutive days, the following losses or damage will not be covered. Refer to your policy for specific language that may apply. Vandalism Accidental discharge from fire protective sprinkler system, plumbing, heating, AC, hot water heater, appliances. (Possible coverage if systems have been shut off and drained.) Glass breakage Water damage Theft, attempted theft Malicious mischief If you plan to renovate your unit, moving your belongings to storage, your unit may be considered “vacant”. Always discuss this situation with your agent…avoid surprises. Typically, the unit can be rented to others on an annual basis. Some insurance carriers will endorse the policy for “rental to others” for less than a year. If you plan to rent, discuss this in detail with your agent. Not having the proper endorsement or policy could prohibit payment of a claim. SWFL Insurance Agency can answer any questions and provide competitive condominium insurance proposals. Please call us at 239-265-9577 or visit www.SWFLAgency.com.

In an earlier SWFL Agency Blog post called So…You bought your kid a $2,000. Drone for Christmas, we detailed the issue of how the Homeowners Insurance Policy might react when your kid drives the drone through the neighbor’s windshield. If you are considering using a drone in your business, we recommend that you review the 2015 Florida Drone Law as outlined in the article at “What Florida’s new drone law means for you”. There are some very interesting implications. This thing is going to generate a number of lawsuits. Even if you hire a company that uses drones for Real Estate activity, you should understand the law and the company you hire should completely know and abide by the rules of the statute…..even though they may be a bit ambiguous.

In a previous Blog post, we discussed Guns, the Homowners Policy and Liability coverage. We learned that the Homeowners Insurance Policy may or may not respond in a case where you intentionally shoot an intruder on your property or elsewhere. If you carry a weapon on your person or in your vehicle, your exposure to a liability claim is much higher. The requirement for all gun owners to have Gun Liability Insurance is being debated in various states including Florida. There is a very good website for U.S. Concealed Carry Association that offers a Concealed Carry Guide that discusses insurance and offers Gun Liability Insurance at reasonable rates. The NRA offers Self Defense Insurance at reasonable rates. You need to be a member. With membership, you receive $ 2,500 of coverage for your guns at no charge. Remember, the Legal Representation and Legal Fees is the most important part of the Insurance Coverage that you are purchasing. Whatever the circumstances, the costs associated with protecting your rights can be expensive. Review the policy language closely for any policy you may consider. Need help understanding your Homeowners Policy and Gun Liability, call us at 239-265-9577 or visit our SWFL Agency Blog.

2015 will be “a defining year” for small drones. The projected total U.S. sales of 700,000 units in will mark a 63% increase from 2014. The wide range of drone models available this Christmas—from the $40 Protocol Neo-Drone Mini to a $3,000, 15-pound DJI T6000 with a sophisticated 4K video camera—means there’s now a model on the market to fit almost any budget. So….your kid immediately flys the drone into your neighbors car as the wife is pulling into the driveway. She panics…hits the gas and runs through the garage door, demolishing the husband’s new Harley and breaking out her front teeth on the steering wheel…… Will my Homeowners Insurance Policy cover this loss? Yes it will…as long as the definition of Aircraft reads similar to the following. Aircraft means any contrivance used or designed for flight except model or hobby aircraft not used or designed to carry people or cargo. Your Homeowners Policy language should be reviewed. Call us. Most drones have cameras. This is a big part of the fun. So, your son flies the drone with camera over the neighbor’s backyard spying on the 17 year old daughter through her bedroom window. He then downloads photos of her in her underwear and puts them online. Her parents are now suing you and they have pictures of the drone outside her window. Sounds like an invasion of privacy claim. This claim will probably not be covered by the standard HO3 Homeowners Policy. There are various exclusions such as “intentional acts”, “criminal acts”, “vicarious liability” that could apply. You will need to have a Personal Injury Liability endorsement added to the HO3 form in order to have any chance for coverage. As noted, while there are some variations from insurer to insurer, Personal Injury Liability Coverage extends to five basic categories of acts or conduct. These include: false arrest, detention, or imprisonment: libel, slander, defamation, or product disparagement; malicious prosecution (which may include abuse of process); wrongful eviction, wrongful entry, or violation of right of private occupancy; and, invasion of or violation of right of privacy. NOTE: Owners of consumer drones will have to begin registering with the U.S. government starting next week under a policy…charge will be $5. Starting Dec. 21, 2015. Look for more regulations. Call us for a full review of your present coverage and a quote for Personal Injury Liability coverage. Do not assume that you have it. Call 239-265-9577 or email us at joshw@swflagency.com Follow our Blog at SWFL Agency Blog

In Florida, it is generally illegal to openly carry a weapon. However, a person may openly carry, for legal self defense purposes, a self defense chemical spray, non-lethal stun gun, dart-firing stun gun or other non-lethal electric weapon designed for defensive purposes only. Even if a person does not possess a “Carry Permit” (CWFL), there are some places a person may possess a firearm. These places include: A private motor vehicle if the firearm is securely encased. A public mode of travel if the firearm is securely encased and not in an individual’s manual possession. A person’s residence or place of business. A person engaged in fishing, camping, or hunting, including going to or returning from fishing, camping, or hunting.If storing a loaded weapon in the home, it must be in a locked container or secured with a trigger lock if there is reason to know that a child under 16 may gain access to the firearm. The “Open Carry” law is being debate in the Florida Legislature and is likely to become law in the near future. Florida is unusual in that it allows many concealed weapons, not just handguns, to be legally carried with a license. Florida defines “concealed weapons” as handguns, electronic weapons or devices, tear gas guns, knives, and billie clubs. If a person is in possession of a concealed weapon, they must produce their concealed weapons license along with another valid identification upon the demand of a police officer. Further, even with a CWFL these weapons may not be carried concealed in the following places, pursuant to Section 790.06(12)(a), Florida Statutes: A place of nuisance. Florida defines “a place of nuisance” as any place that annoys the community, injures the health of the community, or is injurious to the manners or morals of the people. These types of locations include, but are not limited to, places of prostitution, assignation (an outdated term for a place used for secret meetings), a place of lewdness, places used for illegal gambling purposes, or places deemed to have criminal gangs and activity. Any police, sheriff, or highway patrol station, detention facility, jail, or prison. Any courthouse or courtroom except that a judge may carry and determine who may carry within his or her courtroom. Any polling place. Any meeting of the governing body of a county, public school district, municipality, special district or meeting of the Legislature or a Legislative Committee. Any public or private school, college, or professional athletic event not relating to firearms. This includes a school sponsored event, the property of any school, school bus, or school bus stop. However, a person may carry a firearm on school property if: it is carried in a case for the purposes of attending a firearms program or class that has been approved in advanced by the principle or chief administrative officer of the school, or in a vehicle if it is securely encased and not readily accessible for immediate use. School districts may waive this exception for purposes of student and campus parking. Any public or private preschool, elementary, or secondary school and their administrative buildings. Any career center. However, a person may carry inside a career center if attending a firearms training program. Any college or university facility unless the CWFL holder is a registered student, employee, or faculty member of the college or university and the weapon is a stun gun, nonlethal electric weapon, or device designed solely for defensive purpose and the weapon does not fire a dart or projectile. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose. However a concealed weapons carrier should stay out of portions of that business where the service of alcohol is the primary function, i.e., the bar area of a restaurant. The inside of a passenger terminal both outside and inside the secured areas of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal that is encased for shipment purposes and checked as baggage to be lawfully transported on an aircraft. Learn more about Guns and the Homeowner at our SWFL Agency Blog

One of my insureds has purchased a hand gun, taken a gun safety course and obtained a concealed weapon permit. She wants to know how her homeowners and umbrella policies would respond if she used the weapon in self-defense to protect herself, her family or their possessions from an assailant. With the subjects of guns and weapons being on the news everyday, it is important to know how your Homeowners Policy will respond if you use your weapon to defend your family and property. Many insurance companies today have filed policy forms with their own unique language. The most likely candidate for a claim denial is the “intentional loss” exclusion found in almost all Liability policy forms: Expected Or Intended Injury Exclusion Clause: Personal Injury and Medical Payments to Others do not apply to “bodily injury” or “property damage” which is expected or intended by an “insured”. However the “Reasonable Force” exception language may appear in some policy forms. The exception would read like this, “This Exclusion E.1. does not apply to “bodily injury” resulting from the use of reasonable force by an “insured” to protect persons or property”. What constitutes “reasonable” force? That can’t be answered until the occurrence takes place and the facts are known, so it’s impossible to say absolutely whether the policy would respond to a claim where a gun was used in self-defense. Since facts are ultimately decided by juries in the case of litigation that goes to trial, it’s likely the insurer would be obligated under this language to tender a defense. However, what may or may not be covered will depend on the unique facts and circumstances of each case, so all you can do is point to this policy provision with the caveat that other exclusions might be triggered as well. If the “self-defense” exception above isn’t included in the “intentional loss” exclusion in the subject policy—and it’s often not in older ISO or proprietary company forms—then it probably doesn’t matter whether it’s in self-defense. If you shoot someone deliberately, for whatever reason, that’s an intentional loss and likely excluded under such policies. A possible exception to that could be if there was no intent or expectation of serious injury or death—but even that would be a real stretch. Keep in mind that this entire discussion is really not new. For decades, many business owners have kept the proverbial sawed-off shotgun under the counter. Like ISO’s HO policy, their CGL policy has a virtually identical exclusion and exception that has been discussed for years by commercial lines practitioners. Homeowners and Umbrella Policies are not commodities and you MUST understand your policy language. As for umbrella or excess policies, it all depends on the precise language of the form, which can vary dramatically from one insurer to another. And be wary of any standalone “gun liability” policies. Many of them may be so restrictive that very little coverage is actually provided. Call SWFL Insurance Agency for further discussion and a review of your present coverage. 239-265-9577 You can see a discussion of The State of Florida Justification For the Use of Force & Deadly Force at the SWFL Agency Blog

In Florida, there are several situations where a person is justified in using deadly or non-deadly force. Deadly force is defined as force likely to cause death or great bodily harm, which includes the actual firing of a gun. A person may use deadly force against another if it is reasonable to believe the deadly force will prevent death or serious bodily harm to themselves or another person. In Florida, deadly force may be used to prevent the commission of a “forcible felony” which includes: treason, murder, manslaughter, sexual battery, carjacking, home invasion, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing, placing or discharging a destructive devise or bomb; and any other felony which involves the use or threat of physical force or violence against an individual. In Florida a legal presumption arises that a person acted reasonably in using deadly force in two situations. First, it is presumed that deadly force was reasonable if an individual was unlawfully or forcibly entering or entered into a home, business or occupied vehicle. Second, if an individual attempts or attempted to forcibly remove another against his or her will from a home, business or occupied vehicle, it is presumed to be reasonable to use deadly force. During these two situations, it must be reasonable to believe that a forcible and unlawful act was occurring or occurred. This Florida legal presumption does not arise if: A person had a legal right to be in the home, business or vehicle and there is no injunction for protection due to domestic violence and no court order for no contact; The person sought to be removed is a child or grandchild and in the lawful custody of a guardian and the guardian is the person defensive force was used against; The person who uses defensive force is engaged in unlawful activity and the unlawful activity is occurring in the home, business or vehicle; and A law enforcement officer who has lawfully identified himself or is acting in accordance with the law. In Florida if a person is attacked in any place where they had a right to be, they have no duty to retreat and have the right to stand their ground and meet force with force, including deadly force, if they reasonably believe that it is necessary to do so to prevent death or great bodily harm to themselves or to prevent the commission of a forcible felony. Next, there are several situations where a person is justified in using non-deadly force. First, a person may use non-deadly force if they reasonably believe that unlawful harm against themselves or another is imminent. Second, a person may use non-deadly force in the protection of property to prevent or terminate another’s trespass or other unlawful interference with real property (other than the home) or personal property. However, deadly force could be used when the crime against property is also classified as a “forcible felony,” such as arson, burglary or robbery.

Timely and Important Topics that can Save Money and Protect Your Wealth Open Enrollment for Medicare began October 15. Make sure to call your agent for an appointment to review the new plans for 2016. SWFL Insurance Associates, your Florida Blue Agent can be reached at 239-489-1212. Open Enrollment for Under 65 Health Insurance will begin November 1. You can call for appointments now. ENTER OUR GIVEAWAY – Win $ 150 Gift Certificate to use as you please.  You can receive One Entry for each Insurance Policy that you allow us to review and provide a competitive quote for.  It only takes a few minutes, can be completed over the phone and more than likely will save you Money. Call Linda at 239-265-9577. Travelers has really good Auto Insurance Rates. We recently wrote a family with 5 cars and 5 drivers, two were teenage drivers. We saved $ 1,000.+ with Travelers. Prior coverage was with GEICO. We have had similar experiences when pricing Travelers against Allstate and State Farm. Call us at 239-265-9577 or request a quote at www.SWFLAgency.com. If you have USAA Homeowners and Flood coverage, you should let us provide a review and premium proposal. We recently saved a new customer $ 3,000.+ on her Homeowners Policy and $2,000.on her flood Insurance. This is what can happen when you do business with an “800” number, like USAA. The complexities of insuring a Home in Florida require a Well Informed Local Independent Agent. We are just that. Take a few minutes and let us save you money. Give Dairyland Motorcycle Insurance a try !!!!! 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. Do you own a Boat? Could this be you?? Our insured was operating his ski-boat with 2 friends along as passengers on a lake in Texas. An inner tube attached to a rope was being held down by a cooler at the rear of the boat. The cooler became dislodged and flew out of the boat. When the insured attempted to turn the boat around to retrieve the cooler, the wind blew the inner tube out of the boat and the rope began to uncoil, catching one of the passengers around the leg, launching him into the air and landing him on the boat deck. The Passenger’s injuries included complete tears of his right knee ligaments and tendons requiring surgery. In addition, he sustained a substantial injury to his right hip. He was totally disabled for approximately 6 weeks, unable to drive and has additional lost business income. The primary insurance company tendered its full policy limit which was $500,000 short of the total claim amount. However, the insured was also covered by a Personal Umbrella and payment was made for the remaining amount of $500,000. We sell Umbrella Liability Coverrage… Premiums start at $ 250. For $ 1 Million Coverage Do You own a dog? Does your Homeowners Policy provide Animal Liability protection? Many do not……Let us review your policy if you are not sure.  Check out the following link…. Dog Breeds Most Often Blacklisted Not sure what your Condominium Owners Policy covers? Check out this link… What does my Condo Owners Policy Cover? 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