How Florida Statute 487.147 Affects Hurricane Ian Claims

Florida Statute 487.147 is known as anti-policyholder legislation, but in times like these, its provisions are necessary to prevent nefarious activity. After all, it did not take long for SB 76 to be excised by Chief US District Justice Mark Walker. Judge Walker recently heard arguments that claim the legislation prevents contractors and public adjusters from advertising to promote and encourage property owners to file a homeowner insurance claim is a violation of the first amendment.

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Judge Walker ruled in favor of the Plaintiff and issued an injunction stopping Florida Officials from enforcing part of the bill. The overall issue was whether the legislation’s ban on written or electronic communication encouraging homeowners to contact a roofer or public adjuster for the purposes of filing an insurance claim violated freedom of speech.

The Court Order the Department of Business and Professional Regulation to cease enforcement of F.S. 489.187 (2)(a), (3) and (4)(b). The preliminary injunction binds Defendant and their officers, agents and employees from enforcing the law.

What is abundantly clear is that the provisions of SB 76 and 487.147 are open for interpretation. The provisions to do not service properly licensed contractors and public adjusters, they don’t necessary prevent nefarious activity as intended, but they do put some preventative teeth in front of those with bad intentions.

 
Overall, don’t let the guy that sent you a flyer or knocked on your door convince you that you need to make a claim. If your home was damaged from Hurricane Ian, call Quattrochi, Torres and Taormina to speak with an experienced Property Insurance Attorney and set up a FREE consultation .  

 
Phone: 407-452-4918
Email:  Property@PriortiyJustice.com