Florida Hurricane Insurance Claim Frequently Asked Questions (FAQs)Do I need a Lawyer?What is a first party claim?What is Bad Faith?What is Citizens Property Insurance?What should I do after a Hurricane?How do I File a Claim?Am I Covered if I Suffered Flood Damage? My Adjuster Says the Damage to My Property was Due to Flood Not Wind but I disagree. What Can I do?Do I need a Lawyer?Florida Hurricane Attorney believes that representation early in the insurance claim process is most often the best course of action. You must have someone to look out for your rights. You need a lawyer with the knowledge and understanding of your rights to make sure you are treated fairly by your insurance company. Such knowledge and understanding is typically gained from years of experience dealing with insurance companies in these and similar type insurance disputes. For this reason, it is essential that you select a law firm with the appropriate experience handling hurricane and other property damage insurance claims. While there are times that you will not need the assistance of an attorney to assist you with your claim, we generally recommend that you speak to an attorney early in the claim process if you have any doubts or questions concerning your rights under the insurance policy or relating to your hurricane claim. A free initial consultation to all potential clients allows you to discuss any questions or concerns you may have concerning your hurricane, wind-storm, or flood claim without any further obligation to retain our services. Go Back To The Top. What is a first party claim?This terminology can be confusing to the average lay person. A first party claim is one brought by a person who owns or is the named insured of the damaged property. In the context of homeowner coverage, this means the homeowner is making a claim for damages to their structure and other consequential loses that can be involved, such as loss of use of the property, debris removal and other components of a typical hurricane claim The existence of an insurance policy does not guarantee coverage. Coverage depends on contract and policy endorsements issued by the insurance carrier. Often what the policy says is ambiguous. Insurance policies are written with technical details in mind, and have to anticipate a host of future situations. The good news for homeowners is, if a policy is ambiguous, it is to be read in favor of the insured and read against the insurance carrier. Sometimes, the issue of whether there is coverage comes down to a language interpretation battle. However, in the context of a loss related to a hurricane, which typically involves a wind storm policy, it may not be a question of coverage, but what are the damages. Our team approach allows us to bring in skilled appraisers, engineers, and other people with a wealth of experience in promptly evaluating hurricane related damage. It is these early estimates that one must live with throughout the claims adjusting process and litigation. If high quality appraisals are not obtained, it may be difficult to obtain full value for damages that occur Our clients are encouraged to take many pictures of the damaged property and to discover pre-loss pictures that show the property in pre-storm condition. These before and after photographs have great value as we advocate for our clients. Go Back To The Top. What is Bad Faith?An insurance company acts in "Bad Faith" when it violates the duty of good faith and fair dealing or violates the certain provisions of the Florida Statutes - Florida Insurance Code Section 624 or Florida's Deceptive and Unfair Trade Practices Act. An insurance company must treat the insured fairly. An insurance company will be held liable for acting in Bad Faith when it denies a claim without a reasonable basis or when it fails to conduct a reasonable investigation of the claim. An insurance company may commit acts of Bad Faith if it violates Florida laws governing the insurance company’s duties owed to an insured, such as the Florida Insurance Code or Florida's Deceptive and Unfair Trade Practices Act. If an insurance company knowingly acts in Bad Faith, then it may owe additional damages beyond the actual damages owed under the insurance policy as well as attorney's fees and other penalties such as mental anguish damages. Go Back To The Top. What is Citizens Property Insurance?Citizens Property Insurance Corporation is the State's homeowners' insurance safety net. It was created by the Legislature in 2002 to offer property coverage to Floridians without private insurance options. Most policies written under the Citizens Property Insurance umbrella provide coverage along the coastal regions. Citizens Property Insurance is a provider of “last resort” and is generally not available in areas where property owners are able to obtain adequate insurance coverage in the marketplace. You can find an Agent or Agency by County, Zip Code, Agent Name, Agency Name, Agent License. Go Back To The Top. What should I do after a Hurricane?You should report or file your claim as quickly as possible. Also, you will want to document the extent and severity of the damage by taking photos of the damage to the dwelling and your contents. Most insurance policies require the homeowner or business owner to take steps to protect the property from further damage. Of course, you are entitled to reimbursement for such expenses incurred in connection with a covered loss. You may also refer to your policy of insurance for your duties under the policy following a loss. Go Back To The Top. How do I File a Claim?Refer to your policy regarding reporting or filing a claim with your insurance company. Generally, you should call your agent immediately after the loss to report your claim for damages. The agent, in turn, will file your claim with Citizens Property Insurance. If you are unable to reach your agent, you can also call, fax or e-mail your insurance company or Citizens Property Insurance directly at 1-866-411-2742 , 866-858-0650 FAX, claimsdocuments@citizensfla.com for assistance to report and file your claim. Go Back To The Top. Am I Covered if I Suffered Flood Damage? My Adjuster Says the Damage to My Property was Due toFlood Not Wind but I disagree. What Can I do? This depends on the type of insurance policy you purchased. If you obtained insurance for your property under the National Flood Insurance Program and the loss is otherwise covered under the policy then a flood loss should be covered. If you do not have this type of flood policy and your damages are due to a flood you may not have relevant coverage. If you purchased a policy of insurance pursuant to the Citizens Property Insurance or otherwise obtained insurance through the marketplace, please bear in mind that an adjuster or expert for the insurance company may incorrectly conclude that some or all of your loss is due to flood when in fact some or all of the damage is due to wind damage. If you find yourself in this situation, it is imperative that you get a second opinion. We have the knowledge and expertise to help. Go Back To The Top. This site is © Copyright 2015, All Rights Reserved |
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