Resurfacing Project Underway On North Pine Barren Road
July 6, 2012
Escambia County is currently resurfacing a portion of North Pine Barren Road. A gravel-embedded pavement from Highway 168 and south 0.6 miles is being resurfaced with asphalt. The roadway is a frequently traveled route to Northview High School. NorthEscambia.com photos, click to enlarge.
Florida Supreme Court Strikes Public Adjuster Provision
July 6, 2012
A provision in a 2008 law restricting the ability of public insurance adjusters to contact homeowners immediately after a storm was struck down Thursday by a unanimous Florida Supreme Court.
Prompted by claims that public adjusters were taking advantage of distraught homeowners following the 2004 and 2005 hurricane seasons, the Florida Legislature passed an insurance industry backed effort to limit adjusters’ activities, including contact between public adjusters and customers within the first 48-hours following a hurricane, tornado or other major storm.
Backers said the adjusters were increasing insurance costs by pressuring homeowners into signing contracts. Public adjusters and their supporters say they were just allowing customers to receive the full benefits to which they were entitled.
Upholding a 1st District Court of Appeal ruling, the state’s high court said the law as written barred commercial speech in violation of the First Amendment of the U.S. Constitution. The court rejected arguments put forth by the Department of Financial Services, which contended that adjustors activities were outside the scope of freedom of speech protections.
“The Department’s claim that the public adjuster-initiated contact and solicitation… are conduct – not protected free speech – is unpersuasive,” Chief Justice Charles Canady wrote for the court. “This argument is predicated on the strained reading of the statute advanced by the Department. With the rejection of that strained statutory reading, the argument collapses.”
DFS spokeswoman Alexis Lambert said Chief Financial Officer Jeff Atwater’s office would have no statement on the ruling other than that Atwater respects the court and accepts the decision.
Following the 2004 and 2005 hurricane seasons lawmakers looked at ways to reduce the cost drivers that insurance companies said were leading to skyrocketing premiums. Insurers have cited cases where they’ve had to pay out on some dubious claims – and blamed public adjusters for persuading homeowners to pursue them.
So lawmakers decided to limit contact between customers and public adjusters, who critics argue have a financial incentive to raise claim amounts.
Lawmakers wrote a statute saying: “A public adjuster may not directly or indirectly through any other person or entity initiate contact or engage in face-to-face or telephonic solicitation or enter into a contract with any insured or claimant under an insurance policy until at least 48 hours after the occurrence of an event.”
An insurance industry representative on Thursday said the high court’s ruling was “unfortunate” and may end up costing consumers money as public adjuster fees are taken from the insurance settlement itself.
“CFO Atwater and the Office of Insurance Regulation provide safeguards for hurricane victims that they will be treated fairly by the adjuster dispatched by their insurance company,” said Sam Miller of the Florida Insurance Council. “There is no need for a public adjuster who must be paid by the policyholder.”
Public Attorneys for public adjuster Frederick Kortum, who challenged the law, said the law bans all types of communication during that time period. Regardless of whether lawmakers intended an all-out ban or not, the result doesn’t fall under the circumstances under which the government can limit speech, the plaintiffs argued.
“As long as the message is not misleading and is concerning a lawful transaction, you’re protected,” said Wilbur Brewton, a Tallahassee attorney who argued Kortum’s case before the high court. “It’s kind of like free speech anywhere, you may not like some of it but we have free speech in the United States.”
Other provisions of the 2008 law, including ethical standards and other regulatory powers granted to the department, remain in place. The Florida Association of Public Insurance Adjusters said there is adequate regulation to ensure consumers are protected.
“FAPIA and its nearly 400 member public adjusters are committed to helping policyholders receive full and fair compensation following damage to their property,” said FAPIA President Harvey Wolfman. “Thanks to this ruling, we can help more policyholders in those critical first hours when they need it most.”
By The News Service of Florida
Barons Even Series With 6-2 Win Over Blue Wahoos
July 6, 2012
Birmingham plated three insurance runs in the top of the ninth, while right fielder Jose Martinez, shortstop Tyler Saladino and first baseman Andy Wilkins all homered, to lead the Barons to a 6-2 win over the Pensacola Blue Wahoos in front of another sellout crowd of 5,038 on Thursday night at Pensacola Bayfront Stadium.
With the win the Barons now own a 9-6 mark in the second half, while the Fish also sport a 9-6 record since the All-Star Break after the loss but remain in a tie for first in the Southern League’s South Division with Montgomery. It was the 28th capacity crowd in Pensacola’s inaugural season, while the club also welcomed before the game the 200,000th fan to enter the ballpark. In 41 home openings, the Fish have hosted a total of 200,270 fans in 2012.
Both teams got on the board with a single tally in the first, with Martinez exiting the yard with a homer to left for the Barons, his fourth of the year. Pensacola answered with a score of their own in the bottom half of the inning when CF Ryan LaMarre drew a leadoff walk and advanced to second on a single, before taking advantage of a Birmingham error to even the contest at 1-1.
The Barons however, would go ahead in the third thanks to Saladino’s shot to left for his fourth of the season and move ahead 3-1 three innings later when Wilkins blasted his team-leading 12th longball to left. Blue Wahoos OF Yordanys Perez then narrowed the margin to one in the bottom of the frame with a solo big fly to deep center field just to the right of the batter’s eye, but Birmingham pulled away with a three-run ninth.
3B Erik Morrison was hit by a pitch to start the rally and subsequently scored on C Luis Sierra’s RBI triple, before 2B Dan Wagner drove Sierra home with a run-scoring single to left. CF Jared Mitchell brought home the final tally of the evening with an RBI double to left to bring home Wagner and end the scoring.
Blue Wahoos starter J.C. Sulbaran (6.0 IP, 6 H, 3 R, 3 ER, 3 BB, 5 SO) suffered the loss to fall to 6-6 after allowing three earned runs on six hits in six innings, while Birmingham RHP Matt Heidenreich (8.0 IP, 6 H, 2 R, 1 ER, 2 BB, 2 SO) earned the victory in his Double-A debut and yielded two runs, one of which was earned, on six hits in eight frames. Reliever Ryan Kussmaul (1.0 IP, 1 SO) fired a scoreless ninth frame in a non-save situation.
Saladino (2-5, 1 R, 1 HR, 1 RBI) and Morrison (2-3, 1 R) each collected a pair of base knocks for the Barons in the winning effort, while Perez (2-4, 1 R, 1 HR, 1 RBI) was the lone Pensacola hitter to record a multi-hit effort. Perez has gotten off to a nice start in the second half, batting .343 (11-32) in his eight games since the Southern League All-Star Break.
With the series even at one, the two teams will face off in a rubber match Friday night to decide the series, with the Fish scheduled to give the nod to RHP Tim Crabbe, while Birmingham is expected to counter with RHP Cameron Bayne. First pitch is set for 7:00 p.m.
By Andrew Green
Pictured top:Yordanys Perez blasted his fourth longball of the year in the Fish’s 6-2 loss. Photo by Chris Nelson for NorthEscambia.com, click to enlarge.
Benefit Account Established For Family Of Girl Killed In Atmore Fire
July 6, 2012
A bank account has been set up to help the family of a young girl killed earlier this week in Atmore.
Nyamiah Weeks died in the fire on Beck Street late Tuesday night. A fund has been established at Regions Bank to help the family with final expenses. Donations can be made to an account in Nyamiah’s name.
For more information on the fire, click here for an earlier story.
Pictured inset: A fire late Tuesday night on Beck Street in Atmore claimed the life of a young girl. NorthEscambia.com photo, click to enlarge.
Cantonment Man Passes Away Days After June 30 Wreck
July 5, 2012
A Cantonment man has passed away as the result of injuries he received in a traffic crash on June 30.
According to the Florida Highway Patrol, 31-year old David Karrick was pronounced deceased at 8:20 p.m. on Wednesday, July 4 at Sacred Heart Hospital in Pensacola.
The head-on crash happened about 10:30 a.m. on Highway 297A at Eight Mile Creek Road, just northwest of the Nine Mile and Pine Forest Road intersection.
For a photo gallery, click here.
According to the Florida Highway Patrol, 20-year old Tyler Moore was eastbound on Highway 297A in a 2003 Toyota Tundra when he veered into the lane occupied by a 200 Chevrolet Malibu driven by Karrick of Cantonment.
Karrick’s car came to rest upright in a ditch next to the roadway. It took first responders from multiple stations of Escambia Fire Rescue, including a special operations team, about 45 minutes extricate Karrick from the car. He was transported to Sacred Heart Hospital by LifeFlight.
Tyler Moore was seriously injured in the crash, while his passenger, 17-year old Kayla Moore of Cantonment, received minor injuries. The brother and sister were transported by ambulance to West Florida Hospital.
Tyler Moore was cited by the FHP for failure to maintain a single lane.
For a photo gallery, click here.
Pictured: A Cantonment man has died as a result of this two vehicle crash June 30 on Highway 297A at Eight Mile Creek Road. NorthEscambia.com photos by Kristi Smith, click to enlarge.
Flomaton Man Charged With Davisville BP Burglary
July 5, 2012
A Flomaton man has been arrested in connection with a June burglary at a Davisville convenience store.
Curtis Charles Black, 29, was charged with burglary, petit theft and criminal mischief property damage. He was booked into the Escambia County Jail with bond set at $16,500.
The entire June 7 burglary at the Korner Kwik Stop (BP) on Highway 97 in Davisville was caught on video, and it was that video posted on NorthEscambia.com that first led deputies to Black as their suspect only a few hours after the crime.
An anonymous tipster saw the video and told deputies that they recognized Black from the video — and the Facebook page where a photo of the getaway vehicle was posted. Later, fingerprints recovered at the scene also fingered Black as the suspect.
The video shows a white male, allegedly Black, busting out the window of the store about 9:20 p.m., just after the store closed at 9 p.m.
- To watch the survellience video, click here.
- For a photo gallery showing the burglary and the investigation, click here.
The video shows Black arriving in a light colored extended cab pickup truck with an emblem over the front windshield. He parks in front of the store and spends several minutes in the truck. Black then exits and takes a hammer to break out the window. He also tried unsuccessfully to break out the door glass. He then jumps through the broken window, rummages around behind the counter and tosses cigarettes and rolls of coins outside. Black also tries unsuccessfully to push buttons in order to open the cash register…all while leaving fingerprints behind.
While inside the store, he is seen using what appears to be towel in his hand in attempt not to leave fingerprints, but he often forgets to cover his hands.
At one point, a towel slips off his head showing most of his face on the video.
An Escambia County Sheriff’s Office crime scene technician recovered blood samples from broken glass and removed multiple fingerprints from the scene.
One Dead In Fiery Escambia Crash
July 5, 2012
One person was killed in fiery traffic crash late Wednesday night in Escambia County.
The accident happened about 11:07 p.m. on Muldoon Road south of Cerny Road. The driver of a 2004 Cadillac lost control for unknown reasons and slammed into a tree. The vehicle was fully involved in flames when first responders arrived on scene and was completely destroyed.
The name of the driver has not yet been released.
The accident remains under investigation by the Florida Highway Patrol.
Flame Broiled? Lightning Temporarily Closes Burger King
July 5, 2012
A little more than Whoppers were smoking late Wednesday afternoon at the Burger King in Cantonment.
Restaurant employees reported an electrical burning smell in the building about 5:45 p.m. — about an hour after employees said the building was struck by lightning.
Firefighters from Cantonment, Molino and Ensley responded and did find a burnt electrical plug and other evidence of a lightning strike. Power to the building was cut, temporarily closing the restaurant for the evening.
There was no major damage found and no injuries.
Cutbacks Planned For Century Post Office
July 5, 2012
There will be cutbacks at the Century Post Office next month, but postal officials say the public won’t notice — unless an upcoming study recommends more drastic changes.
Effective August 11, rural mail carriers working out of the Century Post Office will instead work out of the Jay Post Office. The retail window and post office boxes in Century will remain unchanged in the short term.
“We will then evaluate the Century Post Office in September to determine the best future use of resources,” Sam Bolen, spokesman for the U.S. Postal Service said.
That evaluation, Bolen said, could result in no changes, decreased hours of service or even closure. In the event any changes recommended to retail hours or post office boxes at the Century Post Office, a public meeting will first be held for community input.
That meeting could happen at any point between September 2012 and September 2014. Adequate public notice of any meeting will be given, Bolen said. Any decision about the post office would not come until 15 to 30 days after a public meeting.
NorthEscambia.com photos, click to enlarge.
Gulf Power Employee Dies In Virginia Wreck
July 5, 2012
A Gulf Power employee working to restore power to a storm battered area in Virginia was killed when she lost control of her vehicle due to brake problems and slammed into another vehicle, authorities said.
Jacqueline R. Green, 57, of Milton, was pronounced dead a the scene of the crash on Route 7 near Bluemont, VA. A fellow Gulf Power worker, Jonathan Powell, was transported to the Winchester Medical Center.
Green was driving a 2004 Freightliner bucket truck pulling a service trailer northbound on Blue Ridge Mountain Road about 7:20 p.m. Tuesday when there appeared to be a problem with the vehicle’s brakes, according to the Loudoun County (Va.) Sheriff’s Office.
According to witnesses, the Freightliner proceeded into the southbound lane of Blue Ridge Mountain Road, steering to the left and passing the first truck in a convoy of utility vehicles. Green continued down the hill towards the intersection with Route 7. Witness accounts indicate that the Freightliner traveled into the eastbound lanes of Route 7 where the driver struck a 2008 Freightliner. That vehicle was pushed into the side of an eastbound 2012 Toyota Tacoma, officials said.
The driver of the pickup and her juvenile passenger were taken to an area hospital where they were treated and released. The driver of semi was also transported to the hospital.
The Loudoun County Sheriff’s Office Crash Reconstruction Unit is investigating the brakes on the utility truck as witness accounts indicated that it appeared that Green lost control of the vehicle’s brakes on the downhill grade and that the vehicle gained speed as it continued downhill.
Green was driving in a convoy of three Gulf Power (FL) trucks in the area as part of a mutual aid agreement assisting Dominion Virginia Power crews. The three trucks were headed to nearby staging area.
Virginia official are continuing their investigation.