As many of you know, Michael Cassel, along with Paul Del Vecchio from PJDCCI, presented at the Windstorm Insurance Network ("WIND") 2019 Conference in Orlando, Florida, regarding building code compliance along with a number of related areas of law and coverage.
Mr. Cassel effectively presented on the often misunderstood topic of Ordinance and Law ("O&L") coverage. He also addressed Valued Policy Law, matching, permits, and appraisal as they relate to the Florida Building Code and O&L as typically found within insurance policies in Florida. A copy of the PowerPoint slides shown during the WIND presentation can be found below.
Please note that the PowerPoint contains limited information regarding the pertinent holdings in each case as well as Mr. Cassel's own analyses and deductions regarding some areas of law upon which opinions have not been issued. Each case, statute, and code should be read in full in order to adequately determine their complete legal effects as they pertain to a particular set of facts.
Remember, every case is different and coverage varies from policy to policy. If you have any questions about how these issues may relate to your own claim, or you would like to discuss the topics outlined in the PowerPoint slides, please do not hesitate to contact us.
Table of Contents
Slide 2: Florida Building Code: A History
Slide 32: Ordinance and Law Coverage
Slide 46: Florida Building Code During Emergencies
Slide 72: Application of Ordinance and Law Coverage to Claims
Slide 73: Permits
Slide 80: Valued Policy Law
Slide 97: Florida's Matching Statute
Slide 111: Roof Replacement
Slide 116: Appraisal
Slide 121: Case Studies
Edit: Based on additional case law research, it has been determined that Valued Policy Law does not trigger payments of coverage for contents or other structures. That is not to say payment need not be issued for these coverages, only that it is not automatic under the Valued Policy Law statute.