florida homeowners, homeowner insurance, okaloosa homeowners, walton county homeowners
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Florida Families and Homeowners Win Big

A Florida appellate court has solidified the rights of Florida homeowners who need immediate help after an emergency.  In the case of Accident Cleaners, Inc. v. Universal Ins. Company, homeowners assigned their rights and benefits under an insurance claim to Accident Cleaners, who then provided emergency cleanup services at the home.  Accident Cleaners submitted their invoice to Universal, but Universal refused to pay because it did not have a recognized insurable interest in the property.  Accident Cleaners filed suit but the trial court agreed with Universal.  Accident Cleaners appealed.

The Florida Fifth District Court of Appeals reversed the trial court, ruling that when someone sustains a loss to their home that requires immediate services or repairs, the homeowner does not have to pay for the services out of pocket.  Instead, they can assign their rights to payment for these services to the contractor so the work can begin immediately.  Also, the ruling confirms the right of homeowners to recover on a breach of contract when an insurer fails to cover all costs incurred by the insured.

A true win for Florida homeowners in times of need!

For more information about this ruling, click HERE to access the entire opinion of the court.

by

Andrew D. Wheeer is a family law, elder law and appellate attorney, and the founder of The Wheeler Firm, PA. Andrew only take cases in those practice areas in order to focus on those special areas of the law. With offices in Fort Walton Beach and Miramar Beach, Andrew represents clients throughout Okaloosa and Walton counties, and has represented more than 2,000 clients over the course of the past 15 years. Andrew attended the Cumberland School of Law at Samford University, and graduated with a Juris Doctorate of law in 2002. While attending law school, Andrew was active in numerous legal writing opportunities, won awards for legal writing and was selected as a member of the Cumberland Law Review. Andrew was then accepted to the Cumberland Study Abroad Program and attended Durham University in Durham, England. Andrew also worked as a research assistant and intern for Chief Magistrate Judge John Ott in the Federal District Court for the Northern District of Alabama. Over the next 15 years, Andrew represented thousands of clients in divorce, adoption, custody modification proceedings, child support contempt actions, probate litigation, and counseled clients on elder law rights, including long-term care planning and general estate planning. Andrew believes clients desire representation from attorneys who have a thorough understanding of their specific legal issues. Therefore, after beginning his career as a general practitioner, Andrew chose to focus his career on a few specific areas of law - those that affect the family. He continues to concentrate on those areas today. Andrew regularly interacts with the public by speaking to groups of people on family and elder law topics, including long-term care planning and techniques to avoid probate litigation. In 2012, Andrew began teaching seminars on adoption law through the National Business Institute, providing guidance to other attorneys on proper procedures to secure adoptions of children. Andrew is married to Regina Wheeler, with whom he has a son, and the family resides in Santa Rosa Beach, Florida. Andrew serves as President of the Destin Kiwanis Club and is active in the local chambers of commerce.

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