Florida Hurricane Claim Lawyers

It is common for property insurance polices to also include a pre-existing damage clause. These clauses simply state that the insurer is not responsible for compensation related to damage that existed before a hurricane.

While property owners do have a responsibility to regularly inspect and repair our homes, this clause is often used by insurance companies to deny or devalue legitimate hurricane claims.

For instance, roof damage is by far the most common hurricane insurance claim. It’s not uncommon for insurance companies to deny claims for roof damage, based upon the lack of upkeep or age of the roof in question.

Another common tactic is for insurance companies to blame pre-existing construction defects as the cause of hurricane damage. It may be even more difficult to gain compensation for hurricane damage in an area of a home, if a damage claim has been previously submitted for that area or it has been remodeled.

Under Florida law, property insurance carriers are required to provide hurricane windstorm coverage as a standard offering in their homeowners’ policies. There is one exception to this law. Because Florida is so prone to hurricanes, certain coastal areas have been deemed high-risk.

In these designated high-risk areas, insurance carriers are not required to offer windstorm coverage as part of the normal homeowners’ policy. In order to have windstorm coverage, the property owners in these high-risk areas must purchase a separate policy to supplement their coverage.

Per Florida Statute 627.4025, all wind related damage or loss to your home, from a named storm, should fall under the windstorm “hurricane coverage” portion of your policy. This includes wind damage from tornadoes, if it occurred during the named storm.

When hurricane related windstorm damage claim disputes arise, it’s typically because the insurance company has used an anti-concurrent causation clause or pre-existing damage clause to defend themselves against the hurricane claim.

As a rule, Florida homeowners’ policies will cover wind and rain damage, but won’t cover damage caused by flooding. While certainly required by mortgage lenders for property in certain high-risk areas, in other cases it’s up to the owner.

To protect against hurricane related flood damages, proprty owners must obtain a supplemental policy that is purchased primarily through the National Flood Insurance Program. This insurance program is managed by the Federal Emergency Management Agency (FEMA).

Per FEMA, flooding is defined as a general and temporary condition of partial or complete inundation of normally dry land areas from:

• The overflow of inland or tidal waters;
• The unusual and rapid accumulation or runoff of surface waters from any source;
• Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
• A flood inundates a floodplain. Most floods fall into three major categories: riverine flooding, coastal flooding, and shallow flooding. Alluvial fan flooding is another type of flooding more common in the mountainous western states.

In contrast, water damage is typically defined as water that comes from the roof down. An example of this would be wind that ripped shingles off the roof or a downed tree that punctured the roof, allowing rainwater to enter the property.

In instances where both water damage and flood damage are involved, you will typically see disputes arise and subsequently hurricane claim denials. The flood insurance carrier will point the finger at wind and rainwater causing the damage; while the homeowners’ insurance provider will say that flooding caused the damage.

Most people are aware of deductibles when they purchase insurance, such as auto and heath insurance. The same is true with homeowners’ insurance. If you have an insurance policy, you are required to pay a certain amount or percentage, prior to the insurance company covering their portion of the costs.

What many people don’t realize when purchasing homeowners’ insurance in Florida is that there is a second deductible within the policy, known as the hurricane deductible. The hurricane deductible is only applicable to losses stemming from a hurricane or named storm.

If your home is damaged during a hurricane or named storm and you file a homeowners’ policy claim, you will be expected to pay your normal policy deductible in addition to your hurricane deductible, before the insurance company will pay for any damages. The normal hurricane claim deductible in Florida is 2% of the insured value of the property.

When deductibles become a dispute, it usually stems from one of the following, or both:

1. The insurance company’s appraisal value of the damages. Unless the insured hires their own appraiser, the damage appraisal will be conducted by an employee or contractor of the insurance company. Their job is to save their employer money, not look out for the best interests of the homeowner. The closer the appraiser and adjuster can get the damage assessment to the deductible amount, the less compensation the policyholder is entitled to.
2. The policyholder’s lack of understanding regarding the terms and conditions of their homeowners’ policy.