Hurricane Insurance and the Law: Frequently Asked Questions

The path of destruction carved by Hurricane Ian represents just one of a staggering 121 hurricanes Florida has suffered, belying its nickname of the Sunshine State and making it the most hurricane-prone state in the U.S. If you got hit with hurricane damage, you need all the help you can get picking up the pieces.

Unfortunately, filing an insurance claim and getting it approved can prove stressful, time-consuming, and frustrating, especially if your insurance company fails to pay the claim for unsatisfactory reasons. The following frequently asked questions should help you understand these potential obstacles and your possible legal responses.

What Does Insurance Typically Cover?

Standard homeowners insurance usually won't cover you sufficiently against enormously damaging storms such as hurricanes. In fact, insurers typically require homeowners in Florida and other hurricane-prone states to take out windstorm insurance and pay an additional hurricane deductible for such eventualities.

Florida homeowners have the option of a flat $500 hurricane deductible or a deductible based on a percentage of their home's total value. That percentage can cost the homeowner thousands of dollars out of pocket, but the flat deductible may also come at the cost of significantly higher premiums.

Bear in mind that even after the hurricane deductible, a windstorm insurance policy only covers you against wind damage. To protect yourself against the considerable water damage that can also occur, you should also invest in separate flood insurance. The combination of these two instruments should help you rebuild.

What Hurricane Claim Obstacles Can Insurers Raise?

When you've purchased hurricane insurance for your home, you understandably expect the insurance company to live up to its obligations by paying your full claim in a timely manner. However, insurers can raise a variety of obstacles to an already nerve-wracking process, potentially withholding thousands of dollars.

These obstacles can range from outright denial of your claim to maneuvers intended to cast doubt on details of your claim For instance, your insurer might question whether your water damage actually came from high waters or airborne rain. The insurer might also try to claim that preexisting conditions in the home caused the damage or was a result of the insured’s failure to properly maintain the home.

In some cases, an insurer might try to wear you down until you willingly accept a lesser offer. For example, the insurer might extend an offer lower than you expected by undervaluing the costs of the damages. Alternatively, you might feel pressure to take a payment without understanding how the insurer determined the amount.

Perhaps the worst-case scenario involves acts of bad faith by the insurer. With an insurer that fails to pay your claim in a timely manner, you may have no choice but to take legal action against that insurer to get the process moving properly.

When Can You Sue the Insurer?

According to the 2022 Florida Statutes, an insurer must pay a claim within 90 days of receiving it, studying it, and agreeing to provide coverage. If the insurance company fails to do so or offers a smaller amount than the coverage allows for, it must provide a reasonable explanation for this action.

If your insurer hasn't met these legal and ethical obligations, you have the right to file a lawsuit against the company. However, bad faith insurance cases can prove extremely tricky due to the detailed nature of policies and coverage limitations. An experienced attorney can help you evaluate your policy and the insurer's response.

Bear in mind that you must exercise due diligence and a certain amount of patience before charging forward with a lawsuit. Your attorney will need to examine your policy, submit a demand letter to the insurer, and then give the insurer an appropriate amount of time to make things right.

How Can an Attorney Help You Seek Compensation?

Attorneys can assume many burdens that might otherwise overwhelm you in the preparation and pursuit of your hurricane insurance case. These legal experts know how to collect the right evidence to support your claim, from the repair bills and damage estimates you've received to photographic or video documentation.

Insurance company representatives can easily browbeat or intimidate homeowners seeking fair compensation for hurricane damage. Attorneys know how to communicate with individuals firmly and effectively on your behalf. Your attorney can also oversee the claim filing process to ensure that you file your claim on time.

Although law firms typically get involved with a hurricane insurance claim only after the insurer has demonstrated bad faith, they may also prove useful at earlier stages. For instance, if trauma or stress has affected your ability to think clearly, your legal team may step in to advise you and help you fill the claim out correctly.

Don't let the stress of a recent hurricane and unscrupulous actions by insurers rob you of your due compensation as well as your peace of mind. Jeeves Law Group can help you get through this devastating experience as easily and successfully as possible. Contact our firm today to request a free case evaluation.

< Older Post Newer Post >