Blogs from 2020

How Often Are Motorcycles Stolen?

According to the NICB’s annual motorcycle theft report for 2019, Florida is the state with the second-highest rate of motorcycle thefts in the country after only California. Last year, 4,085 motorcycle thefts were reported in Florida, down from the 4,279 recorded the year before. In total, 40,380 motorcycle thefts were reported across the country.

What Motorcycle Makes Are Most Likely To Get Stolen?

By make, the bikes that are most likely to be stolen are manufactured by:

1. Honda
2. Yamaha
3. Harley Davidson
4. Suzuki
5. Kawasaki

The type of motorcycle that was stolen most frequently in 2019 is made by American Honda Motor Company, with over 8,000 taken last year alone.

Tips on Keeping Your Bike Safe

So, how do you prevent this from happening to you? Luckily, the NICB report came with some motorcycle theft prevention tips, including:

• Park safely and mindfully—always stick to well-lit areas, lock your ignition, and remove your keys.
• When you park your bike, always lock your motorcycle and remove its key—even if in a garage. You may also want to consider investing in additional aftermarket locks and/or a theft-deterrent system with GPS tracking capabilities.
• If you can, custom paint your bike, put stickers on it, or place other unique markings on your motorcycle. In the unfortunate event your bike is stolen, you can use these images and markings to help identify your motorcycle.
• When you are on the market for a new motorcycle, take it to a local dealership or trusted mechanic for a thorough inspection before purchasing.
• Purchase motorcycles only from reputable manufacturers or dealers. If you do buy a bike from a private seller, avoid ones that are custom or assembled.
• If you purchase a motorcycle from a private party, get a vehicle history report of the bike first. Also, make the transaction at your local law enforcement station as many of them have safe areas for private parties to complete purchases.
• If you sell your bike, never turn over the vehicle’s title until the funds have cleared the bank.
• Never store your vehicle’s title in your motorcycle’s storage compartment—keep it in a safe, secure place at home or elsewhere.

There is a silver lining here—of the 40,000 plus motorcycles nabbed in 2019, 18,857—about 46%—have been recovered as of this writing. Remember to take pictures of your motorcycle if you’re a bike owner so if yours gets stolen you have a visual to show to the police when you file a report. This will make it easier for your bike to be found and returned if stolen.

Injured? Call Our for a Free Consultation Today

Injured in a motorcycle accident? Our lawyer is experienced in securing compensation for crash victims and is a rider himself. To speak with someone who understands what you’re going through and how to help contact us to schedule your free case evaluation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

The average cost of homeowners insurance claims from lightning strikes increased by 11% in the United States between 2017 and 2019, according to the Insurance Information Institute (III). Our Bonita Springs property damage attorneys at Pittman Law Firm, P.L. explain how lightning strikes can affect your home and reveal the top 10 states for lightning loss claims in the U.S.

What Kind of Damage Is Caused by a Lightning Strike?

A lightning strike may sound like a rare event, but this phenomenon is likely more common—and dangerous—than you think. According to data collected by the National Fire Protection Association (NFPA) between 2007 and 2011, local fire departments across the U.S. responded to an average of 22,600 fires started by lightning each year. These disasters led to an average of nine fatalities and $451 million in property damage annually.

Lightning damage can be incredibly costly even if it doesn’t lead to a fire. Because homeowner’s electronic systems have become increasingly connected over the years, especially as smart home technology increases in popularity, homes are increasingly susceptible. Lightning strikes can damage expensive appliances and electronics, fry wiring in your home’s walls, and even shock someone in your household, causing serious injuries.

U.S. Lightning Loss Claims in 2019

Last year, there were 76,860 lightning loss claims documented nationwide, according to the III. These cost consumers $920.1 million, an average of $11,971 per claim. The III also documented claims by state, revealing those that had the most lightning losses in 2019.

The top 10 states for lightning loss homeowners insurance claims in the U.S. were:

• Florida
• Texas
• California
• Georgia
• Louisiana
• New York
• North Carolina
• Pennsylvania
• Alabama
• Illinois

That’s right—Florida is number one on the list. In 2019, 6,821 claims were filed statewide valuing $93.2 million in total, making the average cost of each claim about $13,669. Due to our state’s susceptibility to stormy weather, from hurricanes to thunderstorms, this may come as little surprise. In fact, Florida sees somewhere between 70 to 100 days a year with at least one thunderstorm and is considered the lighting capital of the U.S.!

The average homeowners insurance policy should cover lightning strikes, but we recommended reviewing your policy to make sure. If you need help making a claim for lightning loss, or you filed a valid claim that has been denied or otherwise challenged by the insurance company, we can help.

Contact our Bonita Springs property damage attorneys today at (239) 603-6913 or online to schedule your free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

When you have insurance coverage under any type of policy, from auto to homeowner’s insurance, there are certain events that trigger when your coverage is activated. Our Bonita Springs property damage attorneys explain trigger theories and how they can apply to homeowner’s insurance.

Trigger Theories

Trigger theories apply to a coverage problem that arises when it comes time to determine when exactly an insurance policy kicks in.

Four main trigger theories apply to insurance coverage:

• Exposure trigger theory: Coverage is triggered at the time the first injury-causing conditions occur.
• Injury-in-fact trigger theory: Coverage is triggered as soon as the personal injury or property damage underlying the insurance claim actually occurs.
• Manifestation trigger theory: Coverage is triggered when an injury or property damage becomes known or is discovered by the victim or property owner. Also called “discovery.”
• Continuous trigger theory: Coverage is triggered by a combination of the above. Also referred to as the multiple trigger or triple trigger.

Allstate Ins. Co. v. Hunter & Progressive Property Damage Claims

One of the most difficult determinations that courts have to make is the trigger theory applicable to continuous or progressive property damage claims. Let’s look at an example.

Allstate Ins. Co. v. Hunter was a 2007 Texas appellate court case that brought into question the complexities of trigger theory. The property damage case resulted in an intense debate between a couple and their insurance company about when the damage to their home actually became apparent and under which insurance policy the claim should be filed under.

The case began when the Hunter family noticed an unusual smell in their home during the summer of 2002. At the time, the Hunters had an HO-B homeowner's insurance policy with Allstate Insurance Company. Their coverage expired on October 6, 2002, however, so the couple replaced it with an HO-A homeowner's policy, which went into effect on October 7, 2002.

The Hunters hired someone to investigate the odor in December 2002, but no explanation was found. In February of the following year, a general contractor inspected the home and found water damage and mold in the crawlspace under the home. This is when the Hunters discovered mold was the cause of the odor, according to their testimony. Two days later, the Hunters notified Allstate of their claim.

Allstate determined the Hunters' claim should be handled under their HO-A policy and hired a plumber to inspect their home. The plumber found an ongoing water leak, but because the HO-A policy only covered "sudden and accidental" leaks, Allstate denied the claim.

The Hunters then requested Allstate treat their claim under their old HO-B policy, which they did. However, the insurance company ultimately denied coverage based on the Hunters' failure to comply with a condition requiring prompt notice of the property damage claim. The reasoning behind this was that if the claim had occurred under the HO-B policy, then the Hunters' February 2003 notice of that claim came too late. So, the Hunters sued Allstate, bringing this trigger issue to the Texas appellate court.

The debate about whether the damage was discovered in 2002, when the Hunters first smelled something odd, or in February 2003, when mold was actually discovered, was a long one. Ultimately, the manifestation trigger theory was applied, and Allstate won the lawsuit. According to the court, merely speculating property damage based on smell or one’s other senses is not necessarily enough to trigger coverage.

The bottom line is, determining how and when insurance coverage kicks in can be a far more complicated issue than it appears on the surface. If you have questions about this matter, or anything else related to property damage and homeowner’s insurance, please don’t hesitate to reach out to an attorney.

Has your home recently suffered property damage? Our Bonita Springs property damage attorneys are available to assist you with your claim. Contact us today to schedule a free case evaluation!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

An ongoing class action lawsuit against Allstate Insurance Co. has set up Florida policyholders to receive a portion of a multi-million-dollar settlement.

The settlement came about due to a recent Broward Circuit Court ruling that calls for insurers to apply a deductible to a client’s full bill. The plaintiffs in the case are policyholders who submitted a claim for medical bill reimbursement under PIP no-fault insurance coverage and were given a reduced amount by their insurance company.

How Did This Happen?

A plaintiff named Gail Pierce served as the representative of the class filing the lawsuit, named Pierce v. Allstate Insurance Company, et al. According to the complaint, Pierce’s son, who was covered by an Allstate auto insurance policy, was involved in a car wreck. The policy included a $500 deductible that applied to no-fault benefits claims. The son required medical treatment, including prescribed sessions with a chiropractor. Pierce was sent the bills, but when she filed a claim with Allstate to get the costs reimbursed, the insurance company reduced the bill by a covered amount. Allstate then applied the deductible to that reduced amount instead of paying Pierce the full cost of the medical bills. Pierce decided to bring this issue to court and was joined by others who were subjected to the same treatment by Allstate.

However, this issue had already been ruled on before. A similar case regarding Progressive Select Insurance had made it to the Florida Supreme Court, which ruled that insurance companies must pay the full amount of a bill charged to an insurance policy’s deductible. Since the ruling was already in place, Allstate has agreed to pay the settlement requested by the lawsuit.

How to Join the Class Action Against Allstate

If you submitted a claim for medical bill payment under PIP coverage under an automobile insurance policy in Florida and were given a reduced amount, you may be entitled to compensation from the Allstate settlement.

The class action regards claims issued by the following insurance companies in Florida:

• Allstate Insurance Co.
• Allstate Indemnity Co.
• Allstate Property & Casualty Insurance Co.
• Allstate Fire & Casualty Insurance Co.
• Encompass Indemnity Co.
• Encompass Floridian Insurance Co.
• Encompass Floridian Indemnity Co.

Together, these insurance groups have paid almost $14 million in settlements so far. The lawsuit remains ongoing.

If you believe that you may have a claim, you can join the lawsuit as a class member. To do so, you must submit a completed and signed claim form by November 13, 2020. Visit the official class action website to download the form and learn more about the lawsuit.

Are you looking to join this or another class action lawsuit in Florida? Our Bonita Springs class action lawyers can help. If you have questions or seek representation, contact us today for a free, no-obligation consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Lee County has been named the fifth most dangerous area for boating accidents in Florida, according to the Florida Fish and Wildlife Conservation Commission. The county saw 39 boating accidents and 29 fatalities in the last year alone.

Florida leads the nation in both boat ownership and boating-related accidents and fatalities. However, the issue comes down to more than just the volume of watercrafts Floridians own—the number of accidents that occur statewide annually far exceeds the total of boats, especially when compared to other states.

The dangers have only increased during the ongoing coronavirus pandemic. Many of Florida’s beaches have closed, causing people to take to socializing on the water instead. This influx of boaters has led to clogged waterways and an increase in accidents.

So, what are the major causes of boating accidents in Lee County? Ultimately, the three main risk factors that have been identified by the latest data are the use of alcohol, ignorance of water safety rules and vehicle operation, and the lack of adequate life jackets.

Boat Safety

Boating is one of the great Florida pastimes. Yet, in order to enjoy a day on the water to the fullest, boat safety is of the utmost importance.

Like driving, boating requires skill and attention. If you are unfamiliar with things like how to operate a vehicle on the water or what to do during bad weather, we strongly recommend taking a boat safety class. Fortunately, Florida offers many courses, both online and in person, that cover topics such as basic seamanship, water safety, and navigation.

Before you even get on your boat, you should make sure that everyone is prepared, and all the necessary components are working and accounted for.

To operate at maximum safety, every boat should have:

• Enough life jackets for everyone onboard
• Fire extinguishers
• A life preserver
• A flare
• A lookout

Not having a lookout was identified as another one of the major causes of boating accidents. Simply having a designated individual who is sober and alert keeping watch for potential dangers can go a long way.

Other dangers include recklessly operating a watercraft, especially in the form of speeding and driving under the influence. According to the Boat U.S. Foundation, nearly half of all boating accidents involve the use of alcohol. The United States Coast Guard also claims that alcohol use is the number one contributing factor to fatal boat accidents. Speeding is considered almost equally dangerous.

Finally, the sun, heat, and weather encountered while on the water can lead to dangerous conditions, from fatigue to heatstroke. To best mitigate these risks, make sure that you thoroughly prepare enough water, shade, and sunscreen before heading out and that the driver remains sober and alert.

By taking a few extra precautions, you are greatly increasing your chances of having all the fun a boating excursion affords without the dangers or stresses of experiencing a boat accident. We wish you all a fun and safe summer with your boats!

Have you or a loved one been injured in a boating accident caused by another’s reckless behavior in or around Lee County? Our Bonita Springs boating accident attorney can help you receive the compensation you need to recover. Contact us today to schedule your free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.