Mierzwa

That's an invention of the media, said Marek Mierzwa, 24, who will become a deacon in May.

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The Mierzwa case did not particularly break new ground when the court held that in determining whether a structure has been "totaled" the insurance company must take into account, as well, the impact of local and state building codes.

State Insurance Company Sues Disabled Hurricane Victim Beach Blogger 2005

That is to say, Citizens will continue to single out for adverse treatment all insured customers who have the temerity to assert their rights under Mierzwa and the existing Florida Valued Policy Law.

Much Ado About Nothing Beach Blogger 2005

In Mierzwa, as in the case of hundreds of Northwest Florida hurricane victims, existing local law specifies that if the structure is located in a flood plain and it suffers cumulative damage of more than 50%, then it must be torn down and re-built on pilings.

State Insurance Company Sues Disabled Hurricane Victim Beach Blogger 2005

The lawsuits follow Citizens' preemptive attempt to find a friendlier court who will overruled the 2004 Mierzwa decision of Florida's 4th District Court of Appeals.

Archive 2005-02-01 Beach Blogger 2005

In effect, Citizens simply doesn't like the rule of law followed in the Florida case of Mierzwa v.

State Insurance Company Sues Disabled Hurricane Victim Beach Blogger 2005

Instead of following the law, Citizens has chosen to sue some customers and send threatening letters to the rest, hoping the courts eventually will retroactively overturn the Mierzwa holding.

State Insurance Company Sues Disabled Hurricane Victim Beach Blogger 2005

The Leon County attorney who won the Mierzwa case estimates that "as many as 15,000 policyholders would be affected" by a class action he has filed against Citizens for policy holders who have not settled their claims.

Archive 2005-02-01 Beach Blogger 2005

As Paige St. John explained last week, under the Mierzwa case, Citizens based its premiums on, and therefore is required to pay, declared policy limits pursuant to the Florida "value policy" law if an insured's dwelling is so badly damaged by a combination of hurricane winds and water that it must be torn down to satisfy local ordinances.

Un-sweet 'Charity' Beach Blogger 2005

If Citizens is telling the public that it has settled all but 2,400 Ivan claims, in how many of the 'settled' cases did the company ignore the Mierzwa decision, pay nothing, close the case, and kiss off the customer?

Archive 2005-02-01 Beach Blogger 2005