Florida homeowners face property damage risks from hurricanes, windstorms, water leaks, plumbing failures, fires, and other unexpected events. When damage occurs, understanding your insurance policy and your rights under Florida law can make an important difference in the handling of your property insurance claim. A Boca Raton, FL property damage lawyer can help homeowners understand their insurance coverage and legal options when their property is damaged by hurricanes, windstorms, water leaks, plumbing failures, fires, or other unexpected events.
Report Property Damage Promptly
One of the most important steps after discovering property damage is notifying your insurance company. Florida law establishes specific deadlines for property insurance claims. Generally, an initial or reopened property insurance claim must be reported within one year after the date of loss, while a supplemental claim generally must be reported within 18 months after the date of loss. Fla. Stat. § 627.70132. But don’t let the insurance companies bully you. You are only required to report a claim when you know that you have a claim. Sometimes these claims are hidden behind the walls and cabinets, you’re not required to break into your walls and cabinets to check for leaks or hop up on your roof after a storm. Know your rights and that’s where The People’s Law Team can help you understand them.
For weather-related claims, including hurricanes, tornadoes, windstorms, and severe rain, Florida law contains specific rules for determining the date of loss.
Your Insurance Company Has Deadlines Too
Florida law also imposes requirements on insurance companies after a homeowner reports a claim. Under Fla. Stat. § 627.70131, an insurer generally must pay or deny an initial, reopened, or supplemental property insurance claim, or a portion of the claim, within 60 days after receiving notice, unless factors beyond the insurer’s control prevent it from doing so.
When an insurer denies a claim, partially denies it, or makes a payment, it must provide a reasonable written explanation identifying the policy provisions, facts, or applicable law supporting its decision.
Florida’s Homeowner Claims Bill of Rights also provides important information regarding the claims process, including a homeowner’s right to receive certain communications and estimates within specified time periods.
Document the Damage
Homeowners should carefully document their losses. Photographs and videos of damaged areas, receipts, repair estimates, invoices, communications with the insurance company, and records of expenses can become important evidence.
Homeowners should also take reasonable steps to protect their property from additional damage when it is safe to do so. Mitigating the damages is usually part of the policy. However, permanent repairs should generally be documented thoroughly so evidence of the original damage is preserved.
Replacement Cost and Matching Issues
The amount an insurance company owes depends heavily on the language of the insurance policy. Florida law addresses replacement-cost coverage for homeowners’ policies in Fla. Stat. § 627.7011.
Florida also has important rules concerning matching damaged property. Under Fla. Stat. § 626.9744, when replacement items do not match existing items in quality, color, or size, an insurer may be required to make reasonable repairs or replacement in adjoining areas. The statute allows consideration of factors including the cost of replacing undamaged areas, the degree of uniformity achievable, and the remaining useful life of the undamaged property. A homeowner has to have an attorney that is interested in preserving their right to be made whole.
When the Insurance Company and Homeowner Disagree
Disputes frequently arise over whether damage is covered, what caused the damage, the scope of necessary repairs, and the amount required to restore the property. Insurance policies may also contain procedures such as appraisal or other dispute-resolution provisions.
Because Florida property insurance law has changed substantially in recent years, homeowners should not rely on outdated information about claim deadlines, lawsuits, or attorney’s fees. The applicable policy language, date of loss, type of insurance policy, and circumstances of the individual claim can significantly affect a homeowner’s rights.
When a significant property insurance claim is denied, delayed, or underpaid, homeowners should have their insurance policy and claim evaluated by a Florida law firm experienced in property insurance disputes. At The People's Law Team, PA Property Damage Lawyers, we also come from the other side where we represented the major carriers in the State of Florida.
