Property Damage Insurance Claims

In Florida, what do property insurance claims and disputes encompass?

Property insurance claims and disputes revolve around disagreements between policyholders and insurance companies regarding coverage, the amount of compensation, or the insurer’s duty to defend. Such disputes often arise when policyholders believe their insurers have wrongfully denied or underpaid a claim or when insurers argue that policy exclusions or conditions apply. In many instances, the crux of these disagreements stems from interpreting policy language or assessing damages.

For example, disputes may arise in the aftermath of hurricanes or other natural disasters, where policyholders seek compensation for damages caused by wind, rain, or flooding. These disputes may also encompass disagreements over the value of damaged or destroyed property, leading to lengthy negotiations or even litigation. In addition, in some cases, policyholders may allege that insurance companies acted in bad faith by denying, delaying, or undervaluing claims without a legitimate basis. Therefore, policyholders and insurers must understand their rights and obligations under Florida law to navigate these complex disputes effectively.

Need help to handle a claim or dispute against your policyholder? Schedule your consultation today with a top property insurance claims attorney.

Which Florida laws, rules, and regulations apply to property insurance claims and disputes?

Florida property insurance claims and disputes follow a combination of state statutes, regulations, and case law. The Florida Insurance Code contains various provisions for insurance contracts, insurers, and policyholders, including Chapter 627, which explicitly addresses property insurance.

Additionally, Florida Statute §627.701 regulates handling claims involving natural disasters, such as hurricanes and sinkholes. Flood insurance claims, however, flow through the National Flood Insurance Program under the Federal Emergency Management Agency (FEMA).

Furthermore, the Florida Department of Financial Services and the Florida Office of Insurance Regulation regulate the insurance industry and enforce state insurance laws. As a result, they issue rules and guidance that impact property insurance claims and disputes. Moreover, Florida courts play a significant role in interpreting insurance laws and policy language, creating a body of case law that shapes handling property insurance claims and disputes.

Understanding the interplay between Florida statutes, regulations, and case law is essential for effectively navigating state property insurance claims and disputes.

How do property damage claims connect to property insurance disputes?

Advancing claims for clients in Florida involves representing policyholders in their claims against insurance companies for property damage caused by various natural disasters and other events. Florida Statute §627.70131 sets the general framework for insurance claims, requiring insurers to provide written notice of coverage, investigate claims promptly, and make payment within 90 days of receiving a complete proof of loss.

Policyholders can hire attorneys or public adjusters to help navigate the claim process, ensuring they receive fair compensation for their losses. For example, a homeowner may seek compensation for damages caused by a hurricane, including wind, water, and mold damage. The attorney or public adjuster would gather evidence, communicate with the insurance company, and negotiate a settlement on behalf of the client.

When a set of facts is appropriate for facilitating property insurance claims or disputes, there are many paths a client may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What are the prerequisites for policyholders to advance property damage claims?

Policyholders must establish the following:

• Proper insurance coverage: Property owners must have adequate insurance coverage for the specific type of damage incurred. For example, windstorm coverage protects against wind damage, while flood insurance is necessary for flood damage claims.
• Timely notification: Notify the insurance company promptly after discovering the damage. According to Florida Statute 627.70132, policyholders generally have one year from the date of loss to file property insurance claims.
• Proof of loss: Property owners must document the damage and provide evidence to support their claim, including photographs, videos, receipts, and repair estimates.
• Mitigation of further damage: Policyholders are responsible for preventing additional damage to their property after the loss occurs. Failing to do so may result in a reduced or denied claim.

How can legal counsel facilitate property damage claims, and what are the associated strategic benefits?

An effective attorney often considers and resolves the following for their clients:

• Understand policy terms and conditions: Counsel must be familiar with the policy’s specific terms, conditions, and exclusions to ensure the correct handling of the claim.
• Timely notice of the claim: Florida law requires policyholders to provide prompt notice of property damage claims. Counsel must ensure that the policyholder complies with this requirement to avoid claim denial.
• Documenting the damage: Counsel should advise policyholders on properly documenting the damage, including taking photographs, obtaining repair estimates, and keeping records of any communication with the insurance company.
• Navigating appraisal and mediation: In a dispute, counsel must be prepared to engage in appraisal or mediation processes as outlined in the policy or under Florida law.

Accordingly, policyholders with representation tend to benefit in the following ways:

• Maximizing claim recovery: By understanding the policy and applicable laws, counsel can help policyholders receive the maximum compensation for their property damage claim.
• Avoiding claim denial: Timely and accurate reporting of the claim and thorough documentation of the damage can help prevent claim denial.
• Efficient resolution of disputes: Counsel can help policyholders navigate the appraisal or mediation process, leading to a faster and more favorable resolution of any disputes.
• Protecting policyholder rights: Engaging knowledgeable counsel ensures that policyholders’ rights are protected throughout the claims process, resulting in a more positive outcome.

Please contact our office to set up your initial consultation to see what forms of legal protection and advocacy may be available for your unique situation.

Frequently Asked Questions

1. Can I file a claim for mold damage under my property insurance policy?

Mold damage claims can be complex. While some policies cover mold damage resulting from a covered peril, such as water damage from a burst pipe, others may exclude or limit mold coverage. Review your policy to understand the extent of mold coverage and consult with an experienced insurance claims attorney if necessary.

2. How do I prove that a covered peril, such as wind or hail, caused damage to my property?

Gathering evidence to support your claim is crucial. Key evidence for property damage claims include photographs, videos, written documentation of the damage, and statements from neighbors or witnesses who experienced the same event. A licensed professional, such as a public adjuster or engineer, can also help assess the cause and extent of the damage.

3. What should I do if my insurance claim is denied or underpaid?

If your claim is denied or underpaid, review your policy and the insurance company’s reasoning for the decision. If you believe the decision is unjust, consider hiring an experienced insurance claims attorney or public adjuster to help you navigate the appeals process and negotiate a fair settlement. Additionally, you can file a complaint with the Florida Department of Financial Services for further assistance.

Have more questions about property insurance claim recovery?

Crucially, this overview of Topic does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.