Florida Homeowner Bill of Rights – What it means, and what you need to know:

By Adry Polo, Esq. & David J. Moscoso, J.D. Candidate 2018

Your insurance company must comply within 14 days: In the U.S., many States have a Bill of Rights which must be provided to insured homeowners by their insurance company. However, in Florida insurance companies providing residential property insurance coverage must provide a copy of this Bill of Rights to their insureds within 14 days!

After you submit, demand confirmation: In Florida, your insurance company must provide you with confirmation that your claim is covered in full, partially covered, or denied, or receive a written statement that your claim is being investigated within 30 days after you have submitted a complete proof-of-loss statement. However, insurance companies will only act after you’ve made a written request.

Receive payment within 90 days: Subject to any dual interest noted in the policy, Florida residents must receive full settlement payment for a claim or payment of the undisputed portion of the claim.

Free mediation: Your disputed claim is entitled to free mediation by the Florida Department of Financial Services Division of Consumer Services, under most circumstances and subject to certain restrictions.

Sinkhole claims: Neutral evaluation of your disputed claim, if your claim is for damage caused by a sinkhole and is covered by your policy.

Three Quick Steps You Can Take to Advance Your Claim:

  1. Contact your insurance company before entering into any contract for repairs.
  2. Make and document emergency repairs that are necessary to prevent further damage. Try to keep and organize all receipts, estimate, and proposals that relate to the loss and take photographs of the damage before and after any repairs.
  3. To the extent you are able, carefully read any contract that requires you to pay out-of-pocket expenses or a fee that is based on a percentage of the insurance proceeds received.

With a combined legal experience spanning over 40 years, the partners at Gimenez & Carrillo have been working to serve the needs of South and Central Florida for the benefit of our communities.

If you or anyone you know has suffered damage to their property, our attorneys are eager to help you attain fair and just compensation; and remember, in Florida, the law provides that a judgment of this nature in your favor will cost you nothing, see 627.428 Fla. Stat. (2017).

The first consultation is always our pleasure and free of cost. Our offices are conveniently situated across the state of Florida, with offices in Miami, Orlando, and Jacksonville. If you are not sure about the nature and extent of damage caused to your property, our firm will gladly arrange for a complimentary inspection to your home.

Miami-Dade and South Broward

5775 Blue Lagoon Dr #300 Miami, FL 33126-2579 USA Phone: (305) 444-3000 Fax: (305) 448-7788

Orlando

7380 W. Sand Lake Road Suite 500 Orlando Florida 32819 Phone: (407) 228-2080 Fax: (407) 386-3442

West Palm Beach

2393 S Congress Ave #103 West Palm Beach, FL 33406 USA Phone: (561) 357-1300 Fax: (305) 448-7788

Jacksonville

1301 Riverplace Blvd. Suite 800 Jacksonville, FL 32207 904-217-6240

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Oscar Espinal

Business Development/ Community Liaison/ North and Central Florida Manager

Jhojama Rodas

Jhojama Rodas has worked as a legal secretary for over ten years and joined Gimenez & Carrillo, LLC in 2008.

Frances Quesada Ibarra

Frances Ibarra began working as a paralegal in 2013 and joined Gimenez & Carrillo, LLC in 2018.

Sandra Neu

Sandra Neu has been in charge of the Marketing department and Community Outreach at Gimenez & Carrillo, LLC since 2007.

Jacqueline Jorge

Jacqueline  Jorge has worked in the legal sector for over 25 years and is currently a Senior Paralegal at Gimenez & Carrillo, LLC.

Paralegal and Office Manager Jacqueline Jorge ensures the smooth running of the Law Office on a day-to-day basis.

Following many years with our office, as a legal secretary and paralegal, in 2012, she officially was named office manager, assisting our attorneys and managing our great staff.

Jackie continues to assists with cases, which is her drive.

Jackie’s reliable, respectful, and patient temperament serves her well when working on matters concerning particularly challenging issues that may be stressful for clients.

Erik Arriete Esq.

Erik Arriete has over 20 years of expertise in family law, personal injury, and first-party insurance claims. He earned a bachelor’s degree in business administration from the University of Miami and later obtained his juris doctorate from Florida International University.

Aubrey Rudd, Esq.

Aubrey Rudd has been a member of the Florida Bar since 1991, after graduating from Stetson University’s College of Law in 1989. Rudd specializes in first-party insurance disputes and also serves as a title and closing agent. 

Julio A. de Armas

Julio A. de Armas, is a Miami-Dade native who practices mainly civil litigation, commercial litigation, and bankruptcy. Julio is licensed to practice law both in Florida and New York. In addition, Julio practices civil and commercial litigation throughout the state.

Julio graduated with a bachelor’s degree in philosophy from Florida International University and later received his juris doctorate degree from Albany Law School in New York. Julio is also a member of the Cuban American Bar Association, the South-Miami Kendall Bar Association and the New York State Bar Association. 

Joanna J. Kallinosis

Joanna J. Kallinosis is an associate in the Miami office of Gimenez and Carrillo, where she focuses her practice primarily on first party and third party property claims, representing homeowners across the state. Prior to joining Gimenez and Carrillo, she was an associate with a well known plaintiff firm and prominent insurance defense law firm in Miami, where she handled first party property defense claims, third party liability claims, and nursing home defense litigation.

Mrs. Kallinosis received her Juris Doctor from St. Thomas University School of Law in May 2016; she earned her Masters of Science in Criminal Justice Magna Cum Laude in 2012, and her Bachelors of Science in Criminal Justice Magna Cum Laude in 2011, from Florida International University. While in law school, she served as Executive Editor of the St. Thomas School of Law Intercultural Human Rights Law Review (ranked #6 in the world), and as Vice-President of the Moot Court Board; where she competed in and coached at several national competitions.

She was a recurrent member of the Dean’s list, received the Book Award in Florida Constitutional Law, earned several merit-based scholarships, and was recognized for her pro-bono work in the community. Mrs. Kallinosis also served as a judicial intern for the Hon.  Tinkler Mendez, Eleventh Judicial Circuit in Florida, served as a certified Guardian ad litem, and as a clerk in several prominent law firms where she gained experience in automotive liability, personal injury protection, and product liability.

Mrs. Kallinosis is licensed to practice law in Florida, is a member of The Florida Bar, and is also admitted to practice in the U.S. District Court in the Southern District of Florida. 

Sergio Sotolongo

Sergio Sotolongo received his bachelor’s degree in 2020 from Florida International University and has been a member of the Florida Bar since November of that year. 

Joseph G. Tesmond, P.A.

Joseph G. Tesmond has 12 years experience as an Assistant Public Defender in Dade County, FL Public Defender’s office. Before leaving the office to launch his own full-service criminal defense law company, Mr. Tesmond progressed through the ranks and became a Felony Division Training Attorney. For more than 23 years, he has been a member of the Florida Bar.

Throughout his career, Mr. Tesmond has fought hard to protect the constitutional rights of each and every client and to handle each client and case personally on an individual basis. Mr. Tesmond believes that early professional representation is key to resolution of any issue to the client’s satisfaction.