Legal Radar

Texas Beach Owners Win Land Back

Carol Severance, a Galveston property owner, recently was vindicated when the Texas State Supreme Court ruled in her favor.  After Hurricane Rita caused major beach erosion, Severance was told that her property was now on the public easement.  As a result, her personal property was subject to removal from her possession under the Open Beaches Act.  This act "rolls" landward as erosion occurs.  However, Severance claimed that her constitutional rights were being violated by this rolling landward policy.

 

After years of arguments, the Supreme Court ruled in favor of property rights and against the custom of public beach access.  While the court specified this ruling was for Galveston Island, attorneys and others are wondering what the repercussions will be all along the coast line.

Black Saturday Bushfire

A 2009 Beechworth-Mudgegonga fire destroyed 38 homes and claimed 2 lives.  Residents and landholders affected sued an electricity company, SPI Electricity Pty Ltd and Eagle Travel Tower Services Pty Ltd, and government agencies, the Department of Sustainability and Environment and Parks Victoria. The two lead plaintiffs, Paul Mercieca and Amelia Coombes, are claiming damages for personal injuries and for property damage to their rented residential and farm property. 

 

A trial was to begin on March 5, but a proposed settlement is now almost substantially agreed upon.  Barrister Lachlan Armstrong said some changes still need to be made to the settlement though. Then, they will send the notice to the class action members informing them of the proposed settlement and their rights.  The class action group includes all those who suffered property damage in the fire.

Central Florida Law Firm Wins a Whopping $20 Million Hurricane Trial Against Insurance Giant QBE

Katzman Garfinkel Rosenbaum won a $20 million verdict against QBE Insurance Company in Miami on February 13, 2009. Two weeks of testimony in Federal court resulted in the largest verdict ever against QBE for hurricane damage. The residents of Buckley Towers condominium association are ecstatic after having their claims denied since 2005. Founding Partner, Alan Garfinkel who heads up the firm's Insurance Disputes and Natural Disaster Law practice group is based in Central Florida. Their law firm represents thousands of hurricane victims and community associations throughout the state.

"Taking a closer look at repairs needed that were caused by the 2004 devastating hurricanes may help condominium associations on Central Florida, who are struggling to meet financial obligations in this economy," stressed Mr. Garfinkel. Florida law allows policy owners up to five years from the date of loss to file or re-open hurricane insurance claims. It is critical that associations, homeowners and businesses impacted by the storms of 2004 get a second opinion on their insurance claim. "You may have walked away from insurance proceeds that are rightfully owed to you, Insurance companies are hoping you forget that you still have rights to assert a claim, or believe that your claim did not exceed the deductible," Garfinkel went on to say.

DEADLINE FOR ANYONE QUESTIONING WHETHER THEIR CLAIMS WERE PROPERLY ADJUSTED OR THOSE WHO NEVER FILED CLAIMS ARE:

HURRICANE CHARLIE: STATUE OF LIMITATIONS - AUGUST 12, 2009

HURRICANE FRANCES: STATUE OF LIMITATIONS - SEPTEMBER 3, 2009

HURRICANE JEANNE: STATUE OF LIMITATIONS - SEPTEMBER 25, 2009

The statutory deadlines for damages caused by these hurricanes is quickly approaching. Boards, particularly new ones not seated at the time of the hurricanes, would be well advised to have their property inspected as soon as possible. This will ensure they were paid in full by their insurance company or provide ammunition needed to recover amounts still owed. For more information regarding the statutory deadlines for hurricanes Charlie, Frances and Jeanne, please visit our website at www.kgrlawfirm.com or call us toll free at 1 800 393 1529.

Attorney Garfinkel will hold a press conference next week to answer questions regarding this unprecedented verdict and to also provide critical information to families and condominium associations questioning whether their claims were properly adjusted.

SOURCE Katzman Garfinkel Rosenbaum