Claim Help Lawyers

Property Insurance and Hurricane Season 2024 - What Florida Property Owners Should Know

2024-04-16

With the 2024 hurricane season on the horizon and an expected 23 named storms, it's important for Florida property and business owners to start preparing now. The information in this article will help you understand your insurance and get ready for what could be a busy 5 months ahead and ensure you're well-informed about your insurance coverage.

2024 Hurricane Season Predictions

The forecast for the 2024 hurricane season indicates 23 named storms. This high number suggests that Florida could see significant activity, emphasizing the importance of early and thorough preparation. With climate patterns showing a trend towards more intense and frequent storms, properties in hurricane-prone areas must take these predictions seriously. The predictions not only highlight the potential for a higher number of storms, but also raises concerns about the possibility of more severe hurricanes making landfall. Understanding the forecast and its implications to your property, business and persons is the first step in preparing for what could be a challenging hurricane season.

These predictions serve as a crucial reminder for individuals and communities to review and update their hurricane preparedness plans. Given the unpredictability of storm paths and impacts, it's vital to prepare for a range of scenarios. This includes not only physical preparations to secure property, but also considering the potential need for evacuation. Staying informed about the latest weather updates and advisories will be key throughout the season. By acknowledging the forecast's significance, Florida property owners can take proactive steps to mitigate risks and protect their families, businesses and homes.

How to Prepare for Hurricane Season in Florida

Do you have storm safe windows, doors and openings to your property that are up to the current building codes? The building codes change based on the amount of storms and the magnitude of same related to the amount of damages based on the structural building codes in place. If you don’t have storm windows and doors, do you have shutters that are up to code and someone to install them timely and effectively? Are all of your computers backed up and the back up in a separate location?

Confirm your emergency supplies, and creat a clear evacuation plan. It's also wise to compile a list of contacts, including your insurance agents, local shelters and information needed in case you are relocated over a period of time. Keep these items accessible and possibly send yourself emails with pertinent information. Even if you do not have electricity after a storm, someone you know, or a municipality nearby is helpful. Beyond these initial steps, consider reinforcing your buildings structure by checking the roof, windows, and doors for vulnerabilities. Trim trees and secure loose outdoor items to reduce the risk of property damage. Establishing a communication plan with family members is crucial, especially if you need to evacuate or if power and communication networks are down.

Another aspect of preparation involves financial readiness. Ensure you have access to emergency funds and important documents are stored in a waterproof container, including all insurance policies. If you do not have a policy, make sure you request one prior to storm season, which begins June 1^st. Review your policy and make sure your limits are accurate. There are many different types of insurance in each policy; you must know what is covered and what you are required to do to ensure that your potential claim will be covered.

Create a home and business inventory (if you own a business). This is incredibly helpful for insurance claims post-storm. Taking photos and listing the items in your home, along with their estimated value, can streamline the claims process and help you recover more quickly. By taking these comprehensive preparation steps, you can significantly reduce the stress and impact of hurricane season.

Reviewing Your Insurance Coverage Before Hurricane Season

Before hurricane season begins, take the time to review your insurance policy. Make sure you understand what is and isn't covered. Look for any gaps in your coverage, especially concerning hurricane or windstorm damage, and consider additional policies if necessary. It's not uncommon for homeowners to discover too late that their policies do not cover specific types of storm damage or that their coverage limits are insufficient for their current needs. This review should extend beyond just your property insurance; consider the need for flood insurance, as flooding often accompanies hurricanes and is typically not covered under standard homeowners' policies.

Contacting your insurance agent to ask questions and clarify your coverage can provide peace of mind and uncover options for enhancing your protection. For example, you may find that increasing your coverage limits or lowering your deductible makes sense for your situation. It's also a good time to inquire about any discounts for hurricane-proofing measures you've implemented in your properties. Insurance policies can be complex, and terms regarding hurricane damage can vary widely. Therefore, taking the time to thoroughly understand your policy before the hurricane season is essential. This proactive approach ensures that you're not only prepared for the physical impact of a storm but also for the financial implications.

Reviewing and understanding your insurance coverage is a critical part of this preparation. If you have questions or need guidance, reach out to Knoerr Law Group who specialize in property damage and insurance claims. We can provide valuable advice and help you navigate the complexities of your insurance policy.

Don't wait until it's too late to understand your coverage and rights. Contact us today at (954) 749-3151 for a consultation and let us help you prepare.

Navigating New Florida Property Insurance Claim Laws

2024-03-25

How Recent Florida Laws Impact Your Property Insurance Claims

Florida's landscape of property insurance laws is constantly evolving, presenting significant implications for homeowners and businesses, especially in the face of hurricanes, fires, mold, and other disasters. With this article, The Knoerr Law Group addresses the recent legislative changes in Florida and their impact on the process of filing property insurance claims, ensuring property owners are well-equipped to navigate these changes.

Legislative Changes Explained

The amendments to Florida's property insurance laws have introduced tighter deadlines and requirements for filing claims. These modifications are intended to streamline the claims process, mitigate fraud, and help stabilize insurance premiums. However, they also impose more responsibilities on property owners, highlighting the need to grasp these changes fully to avoid potential issues with getting fully paid on claim submissions.

Impact of Key Changes

Tighter Filing Deadlines: The timeframe for submitting claims has been reduced, necessitating quick action after experiencing property damage. This adjustment aims to speed up the repair and claims handling process but requires property owners to be vigilant in assessing and reporting damage promptly and precisely.
Enhanced Documentation Requirements: There is now a greater emphasis on the need for detailed documentation of damage. Property owners are expected to provide extensive evidence of the damage and necessary repairs, emphasizing the importance of capturing detailed photos and retaining all related receipts.
New Dispute Resolution Mechanisms: The legislation has introduced novel approaches to resolving disputes between insurers and policyholders. Being aware of these processes is crucial in instances where there is a disagreement over the claim's value or coverage.

Strategies for Navigating the Claims Process

With these legislative changes, property owners dealing with damage from fires, hurricanes, water losses, or other disasters to property, must follow these specific strategies to ensure their claims are filed accurately and within the stipulated deadlines. Here are essential tips for initially navigating the new claims process:

Prompt Assessment and Documentation: Immediately after any property damage, it's critical to assess the extent of damage and document everything meticulously; including before (if possible) and after photographs. This information is vital when filing your claim. File the claim prior to doing repairs to allow the carrier to inspect the damages.
Policy Familiarity: It's important to thoroughly understand the details of your insurance policy, including coverage limits, deductibles, and the new filing requirements as incorporated into the policy through Florida law.
Professional Guidance: Engaging with a property damage law firm, such as Knoerr Law Group, that specializes in Florida's insurance laws can be invaluable. Their expertise can ensure your claim meets all requirements and is processed efficiently.

The Importance of Legal Expertise

With the legislative landscape shifting, the role of legal professionals in guiding property owners through the claims process has never been more critical. Specialized law firms can provide essential support, from evaluating the validity and worth of your claim to assisting with dispute resolution. Their knowledge not only helps comply with the new laws but can also significantly increase the likelihood of a favorable claim outcome.

If you're navigating the complexities of filing a property insurance claim in Florida, let us help. The Knoerr Law Group, with its expertise in property damage law and a strong track record of advocating for Florida property owners, is here to guide you through every step of the process. Whether you're dealing with damage from a hurricane, fire, or any other claim to real property, our team is committed to ensuring you receive the compensation you deserve under the law.

Battling Against Bad Faith: When Should You File an Insurance Lawsuit?

2024-02-16

Most people believe that when their property suffers loss and damage from an event covered under their homeowners’ policy, their insurance company will treat them fairly. This misconception can cost you thousands of dollars when settling insurance claims. Insurance companies frequently delay, deny, or undervalue claims - and otherwise engage in unfair trade practices in their claims handling.

Hiring a property damage attorney is the first step to an equitable insurance lawsuit resolution. The attorney will gather evidence, handle negotiations, and ensure your settlement comports with Florida's insurance laws and your policy.

Florida law regarding litigation rules for insurance claim disputes and attorney fees experienced changes in 2019, 2021, 2022, and 2023. Effective negotiating requires an understanding of your policy and the governing insurance legislation, including when to file an insurance lawsuit and a bad faith claim.

If you believe you have been damaged by acts of your insurance company you may file a Civil Remedy Notice which gives the insurer 60 days to remedy their bad faith. In order to file a bad faith lawsuit against y our insurance company the court must first determine the insurance company breached their duties by failing to pay your claim. After the court agrees there is a breach, your attorney may file a bad faith litigation.

Navigating Bad Faith Litigation in Florida

An important component of Florida's insurance law is the requirement for policyholders to first secure a victory in an underlying lawsuit against their insurance carrier for breach of contract—such as denial or underpayment of a valid claim—before they can initiate a bad faith lawsuit.

Florida statutes stipulate that a bad faith claim can only proceed after a court has rendered an award or judgment against the insurer, confirming the insurer's failure to fulfill its contractual obligations. This legal stipulation is designed to ensure that the insurer's breach of duty is unequivocally established through the initial lawsuit's outcome. For policyholders navigating the complexities of insurance disputes, understanding this process is key, as the law aims to foster a balance between protecting the insured's rights and ensuring insurers are held accountable for their actions, thereby promoting fairness and integrity within the insurance litigation process.

Filing Deadlines

Changes to Florida property insurance claim rules in 2023 resulted in six companies going into receivership or leaving the state. One of the changes requires filing property damage insurance claims within one year.

The insurance companies are now required to perform an in-person inspection occurs within 30 days of the notice of loss to the carrier. Claims must be paid or denied within 60 days of filing.

Florida statute requires filing a lawsuit for property damage within four years. Insurance policies fall under contract law, which generally carries a five-year statute of limitations. Your property insurance attorney knows which deadline pertains to your case.

Insurance Company Good Faith Obligations

Every insurance company in Florida has a duty not to act in their company's interest when determining a settlement. State Farm Mutual Auto Insurance Co. v. Laforet, 658 So. 2d 55 (Fla 1995). The duty is known as exercising good faith or avoiding bad faith. To act in good faith, your insurance company must:

Acknowledge your claim.
Promptly investigate your claim.
Reply to communications from you.
Avoid needless paperwork to delay claim progression.
Provide reasons for denying a claim or delaying the process.

Following denied insurance claims and court determination of an insurance company breach, your Florida property damage attorney may file a bad faith claim on your behalf.

Bad Faith Insurance Lawsuit

A first-party bad faith action occurs when the insurance company refuses to investigate a claim properly or doesn't justify nonpayment.

Florida Bad faith claims fall under Fla. Stat. 624.155(1), which states that any person may bring a civil action against an insurer when they suffer damages because of an insurer not acting in good faith to settle a claim.

The insurance company has 60 days to cure the bad faith violation. If they pay the funds due, the matter closes. Legal action may proceed if they do not resolve the bad faith claim.

We Understand Your Position

When an insurance company underpays or denies your claim, Knoerr Law Group will negotiate an equitable settlement. Founding attorney Linda Knoerr has been in your position. She experienced property loss and insurance claim challenges following Hurricane Andrew's damage to her Miami home.

This is why hiring Knoerr Law Group works to get you the best insurance lawsuit settlement possible. Schedule online or call 954-749-3151 to book a consultation.

Dealing With the Aftermath of Commercial Fire Damage in Florida

2024-01-23

Florida's sunny beaches and lively cities are famous worldwide, but its great climate also brings fire risks. Lately, the state has seen more fires, especially wildfires that have damaged properties. Florida ranks high for wildfire risk, together with the well-known and unfortunate fire related damages from lightning strikes, candles, fire crackers, cigarettes, kitchen fires, to name some.

This article gives a quick rundown on dealing with commercial fire damage in Florida. We'll cover unique challenges and solutions for those filing commercial fire damage claims in Florida.

The Scope of Commercial Fire Damage

Florida's wildfires are a big cause of fire damage. Climate change has made this problem worse, creating drier conditions which allow wildfires to start and spread. About 4 in 10 Florida properties face some wildfire risk.

Florida business owners, should consider the threat of wildfires as real and dangerous. In 2021, there were about 2.0 deaths and 8.7 injuries per 1,000 fires. Business owners consider liability in their businesses from patrons, employees and weather related damages. Most business owners don’t own the building. What happens then? The lease agreement is the binding document and usually states the tenant is responsible for damages to its products, machinery or loss of business use. However, it is important to consider the business loss of use, as to the interior property (ie. a restaurant). A restaurant fire puts a restaurant out of business for a long time. The product, contents, an monthly profits are all damages. Hotels, reception halls, all commercial buildings have the chance of being shut down from a wildfire or accidental fire.

In the US, over 100,000 business fires happen yearly, costing companies more than $2.4 billion annually.

After a Fire

So, a fire hits your Florida commercial property. First things first, make sure it's safe before you or your employees to step foot inside. Call the fire department to confirm when it's safe to go back in. They'll fill you in on structural integrity and any other hazards-like items that are dangerous to ingest, including smoke and the chemicals used to put the fire out.

The fire department can also give you the cause of the fire (or a fire marshall and investigator may be brought in ) These persons will provide you in an approximate extent of the damage. The subsequent loss from putting out the fire included. Like water damage from their firefighting efforts. Once they give the green light, assess the damage thoroughly. Knowing what's damaged and taking complete photos and videos of the damages and the area inside and out should be taken and kept when contacting your insurance provider.

Your insurance provider will guide you through the claims process and explain what's covered by your policy.

The Fire Damage Restoration Process

After the fire, it's time to think about cleanup and restoration. Since fire damage is unique, a standard cleaning company won't do it. You'll need a professional fire damage restoration service to tackle smoke and soot issues.

During the restoration, keep an eye on costs. Fixing a commercial property after a fire can be tough. Get multiple quotes and find cost-effective solutions, but don't skimp on safety. You will need your city, and or county to provide the ordinances, laws and OSHA rules you and anyone on your behalf needs from your insurance payouts.

You May Need Legal Advice

You may need the help of a legal practice. Fires seems cut and dry and are generally a covered peril in your insurance policy. However, many times they don't want to pay. They might claim you're entitled to less or refuse to pay at all.

If this happens, team up with an attorney. Contact Knoerr Law Group to make sure your insurance company investigates fairly and pays what you deserve.

Get the Legal Help You Need for Commercial Fire Damage

If you have or had a commercial fire\ at your business and are facing insurance policy issues, we can help? With over 25 years of experience esch, our attorneys handling claims for residential and commercial property owners well fight to get you what you're owed.

How Our Attorneys Create Positive Outcomes With Your Property Insurance Claim in Florida

2023-08-10

Property, whether residential or commercial, is typically the biggest investment a property owner makes. As a homeowner, commercial property owner or business owner, it is vital that you safeguard your investment with purchasing insurance to protect you in the event that your property suffers damage from a casualty loss.

About 3.5 million people file a property insurance claim every year. Unfortunately, many people are unable to recover the amount of funds that they are entitled to from their insurance company on their own. Insurance companies very often delay, underpay – or deny valid insurance claims. You don’t have to simply accept the insurance company’s decision and amounts paid if the funds are not enough to place your home in its pre-loss condition and the claim is a covered loss under your policy terms. You have the right to challenge an underpayment or denial of a valid claim.

Learn how skilled and knowledgeable property damage attorneys can help you get the recovery you are entitled to.

Handling Evidence

To obtain a positive recovery in a property damage insurance claims the dispute and ensuing potential lawsuit much be set up correctly to abide by the conditions for same per your insurance policy. This is called supporting evidence which will not only properly document your loss but will be needed to prove the case. You have requirements for the filing of your claim that pertain to your property. There are also docunents which are not mandatory and will give you a positive approach to a positive result. One of these items is an inspection report obtained in connection with the purchase of the property, when obtaining insurance or when renewing with a wind mitigation credit. Take photos and video of your property both before and after a loss, and make sure not to remove any items that were part of your property damage before your insurance company has a chance to inspect it unless absolutely necessary. If damaged property is removed, make sure to document it and take photos.

All of this can be used as supporting evidence if your case has to go to court. We will help build a stronger case for you and prove what you are allowed because of your property damage.

Reviewing Laws and Contracts

An experienced property damage attorney interpreting insurance policies and the relevant insurance statutes that govern them. Your insurance policy has conditions, duties and requirements that you have to comply with before and after filing a property damage insurance claim. Most insureds do not know what these conditions are, let alone how to comply with them. If not responded to correctly, it may affect your rights and resolution of your claim. Hiring a lawyer is the best way to ensure you are in compliance with your obligations.

There are also various duties and obligations that insurance companies owes to you, their policyholders. There are certain deadlines which insurance companies must comply with when presented with notice of a loss and claim. For example, in Florida an insurance company must acknowledge your property damage claim within a specific time frame after receiving it and must undertake other actions within other specific time frames, including a deadline for paying or denying a claim.

A good property damage attorney will also have extensive knowledge and skill to navigate your policy and the complex insurance statutes. They will understand the laws that govern your circumstances and know how they impact your insurance claim.

We know the proper processes for filing the claim and communicating with insurance companies. If you are offered a settlement, we they will be able to evaluate the offer with the terms of the policy to assist you on the pros and cons of the offer made.

Legal Muscle

Finally, a good property damage attorney can provide you with legal muscle and negotiating power against an insurance company. Let's face it, insurance companies can be intimidating to go up against because they are large companies with deep pockets. On top of this, it is their business to handle insurance claims and when they cannot be settled with their insured, they hire experienced attorneys to defend claims and litigate filed lawsuits for the insurance companies.

What can you do to level the playing field? You can hire a property damage lawyer who knows the score and one who is not easily intimidated by other lawyers. A qualified attorney will be able to negotiate with the insurance company on your behalf. This not only ensures that the claim process is handled properly, but it alleviates the need for you to do it yourself.

While property damage claims can go to trial, most cases settle out of court. For this reason, many claims are not about either winning or losing, but the ability to get the best possible compensation for the damage you experienced given the facts of your claim.

Hire an Attorney to Help You With Your Insurance Claim

If you have experienced major property damage and your insurance company has let you down by failing to properly, fully and timely pay your insurance claim, it may be time to take legal action. That is where a property damage lawyer comes into play. Do you want to get what is rightfully yours? Do you want to recover the money for repairs as soon as possible, so that you can move on with your life? Insurance claims can drag on for long periods, especially in complex situations where insurance companies are pushing back. A property damage attorney will ensure that your case gets settled as soon as possible.

Do not hesitate to contact us to schedule a consultation session. We will discuss your needs and provide you with the necessary information to move forward.

Insurance Coverage Amounts for Hurricane Ian Damages: Is It Enough for Florida's Construction Industry Costs?

2023-07-18

Hurricane Ian caused some of the most significant damage in this country's history; and certainly devastated Southwest Florida. The insurance claims are up to $65 billion.

Florida construction pricing and availability of product and labor are some of the industries impacted by this hurricane. However, Hurricane Ian damages have impacted the property insurance market in this state.

What are the pitfalls with insurance in Florida? Is there a clear road to recovery?

This article breaks it down.

Cost of Materials

One thing that resulted from Hurricane Ian was for supply demand for construction products to go up. The devastation in many areas were on islands that were inaccessible as the bridges were completely demolished from this storm. There was no ingress and egress to people or property on the Southwest coast of Florida.

The inability to get barges of construction material to the devastated area is one of the issues. Covid shut down many imports for the past 3 years causing a backup in materials. The Hurricane Irma claims are still not completed and then Hurricane Ian in the mix has created a loss for the insureds who have suffered damage.

There is difficulty in retaining laborers as well. The extra costs are passed down to the homeowners who may not have either the amount needed for coverage through the policies of insurance and the insurance companies not paying the amounts required under their policies to do the repairs consistent with the damage.

That leads us to the next issue.

Florida Insurance Companies Instability

Hurricane Irma hit Florida in 2017 (which followed Hurricane Michael, Matthew, & Sally) had the Florida insurance market in a significantly curious position. Now add the devastation of Hurricane Ian to further expose insurance companies to payments in Florida.

The significant amount of damages as claimed to insurance companies after Ian, at one time may not have been anticipated by the insurance companies nor the reinsurers. Some insurance companies went insolvent through the office of insurance regulation in Florida.

In Florida, there were many insurance companies based in the state that went out of business in 2022. Bigger companies had the sense to diversify their assets and decrease their exposure to Florida and take strategic steps to allow them to continue business.

What does this mean for people that have properties who want insurance in Florida? Property insurance rates continue to rise, and coverage under the policy continue to go down, and the carrier choices become sparse.

Hurricane Ian’s storm damages and previous catastrophic events is a reality check for insurance companies. Florida had not had back to back devastation for quite some time. Hurricanes are capable of causing a tremendous amount of damage, and Covid with other factors in the recent years have caused pricing to rebuild has doubled. Florida is a peninsula, and one of the most exposed states in the country when it comes to hurricanes, property owners need to ensure they are properly protected and insurance companies should be doing the same.

Get Help With Florida Property Claims to Repair and Reconstruct Properties

Hurricane Ian was a devastating natural disaster that impacted thousands of lives in Florida. If you were in its path, you know what kind of damage it did to Florida as a whole. As a result, it could get costly to rebuild your property and the need for insurance coverage is important in the future.

Many property owners’ claims from Ian are being delayed in the processing of the insurance claims or grossly underpaid and not allowing property owners to start rebuilding.

If you have a claim and have not been properly paid by now, you may need legal representation. Schedule your consultation here.

A Quick Guide to Mold and Water Damage Limits in Florida

2023-05-12

Water is one of the leading causes of damage to real property, so it is important to know the coverage amounts your policy provides for such losses. Many people are unaware that homeowners insurance policies contain coverage limits for certain causes of loss that pay out at less than the full building coverage amount. Water and mold are two types of damage that are often limited by insurance policies. In fact, some policies contain water damage exclusions which outright exclude any damages resulting from water. Please review your policy NOW before its too late. It is important to make sure you have insurance coverage you need for the value of your property currently

Knowing what your policy covers can help ensure your claim is fully and properly paid. Keep reading to learn more about how mold and water damage limits work in the state of Florida.

Water Damage

Water damage claims can start small and escalate quickly. Water generally finds the lowest point and the damages may be unseen at first. Water claims in high temperatures in Florida can be complicated doubled with mold growth. Property damage is only covered if the loss resulted from a covered peril. Covered perils generally include sudden and accidental events. In terms of water damage losses, these can include burst water pipes or appliances that suddenly spring a leak, or overflow or Air conditioning units that freeze and overflow. Most policies exclude coverage for damage arising from maintenance issues and from long term, constant or repeated seepage or leakage of water, humidity, condensation, and problems with drainage.

Water damage from flooding is not covered under regular homeowners insurance policies. You would need an additional flood insurance policy for this peril.

Water Damage Limits

Many insurers limit water damage claims to $10,000 which is often not enough to cover the cost of restoring property back to its pre-loss condition after a water loss.

As a property owner, you have the responsibility of mitigating your damages. This includes drying out the area to prevent further issues like mold. A $10,000 water damage limit may include the cost of drying out the damaged location. The mitigation cost most if not all of the $10,000 limit and not leave enough for the necessary repairs. Also, many policies require you to notify the insurance company within a limited time frame (sometimes as little as a few days) of your intent to use a mitigation company. Some policies limit coverage for water mitigation services to a certain amount if you use your own company, but offer a greater amount of coverage if you use a preferred contractor of your insurance company

Knowing what to do if you suffer a water loss can be difficult. If you find yourself in such a situation, you may benefit from talking to an attorney who specializes in helping property owners understand their insurance policies and get the most out of them

Mold Damage

Whether mold damage is covered under your property policy depends on several factors including the types of coverage you have and how the mold developed.

Mold is usually the result of water damage. Many insurance carriers limit mold damage claims and this coverage only applies if the mold results from a covered peril

Your insurance policy may cover the costs of detecting the mold, cleanup, and necessary repairs, but this isn't always the case.

If the cause of the mold is not covered under your general policy, you may have special coverage through an endorsement that addresses mold, wet/dry rot, and fungi and which may also increase the amount of coverage. Please review your policy and all endorsements to know these amounts.

Do You Have Water or Mold Damage?

Water and mold damage can be costly to mitigate and repair, and insurance policies can be complicated when it comes to water and mold coverage. It's imperative that you advocate for yourself as a property owner.

If your insurance company isn't paying what they should, you need an attorney.

A property damage attorney can help you interpret your policy, gather the evidence you need, and fight the insurance company to get you the compensation you deserve to enable you to restore your property back to its pre-loss condition.

Click here to schedule a free consultation today.

Property Damage 101: Common Causes of Delayed Claims Payments

2023-03-03

Florida is home to some of the most extreme weather conditions in the United States, including hurricanes, floods, and tropical storms. Unfortunately, these natural disasters often result in property damage for property owners across the state.

While filing an insurance claim may seem straightforward, it's not uncommon to experience denied or delayed claims.

Keep reading as we explore some of the most common causes of delayed property damage claims in Florida and how you can protect yourself from experiencing unnecessary delays or setbacks.

How Long Do Insurance Companies Have to Respond to Your Claim in Florida?

In Florida, insurance companies generally have 14 days to acknowledge your property damage claim. Once they've responded, they have up to 90 days (which has recently been changed by law to 60 days) to review, assess and pay or deny your claim; unless there are unusual circumstances to extend this timeframe.

When an insurance company approves an amount that you agree with to pay your claim, they have 20 days to tender those amounts.

What Delays This Process?

Many circumstances can delay the claims process. Many of these factors you can work to control; however, you can't control all of them.

Not Submitting All Required Documentation

If you're filing a property damage claim in Florida, be sure to submit all required documentation pursuant to your insurance policy. Failure to do so could result in a delayed claim. Photos of damages, and participating in any inspections wanted by your insurance company should be given and cooperated as quickly as possible.

The most common reason for a delayed claim is missing documentation. When you file a claim, your insurance company will request various supporting documents. These may include a photos of the actual damages, investigation of the property, invoices for the companies retained to assist in the cleaning up or fixing the cause of the damage, a police report if it is a theft, vandalism or burglary claim and a fire report if it is fire claim.

Not Cooperating With an Adjuster or Investigator

If you have been involved in a property damage claim, it is vital to cooperate with your insurance company's adjuster or investigator. Failure to do so could result in a delayed claim.

Some common reasons why claimants fail to cooperate with their insurance company's adjuster or investigator include:

Refusing to allow the adjuster or investigator into the property,
Not providing access to all areas of the property that were damaged,
Not providing requested documentation or information,
Not providing clear facts and timing of the cause of the damages,
Not showing the adjuster for the insurance company evidence that could be used to support the claim.

Leaving Information Out

Another common cause of delays is incorrect or incomplete information on the claim filed. Double-check your work before submitting the information in order for you to avoid any delays.

If you're unsure what documentation is needed or how to file the claim correctly, contact your insurance agent or lawyer for assistance. By taking the time to do things right from the start, you can help ensure that your property damage claim is processed quickly and smoothly.

The Insurance Company Is Trying to Find a Loophole

Insurance companies are in the business of making money, not paying money out on claims. So it's not surprising that they try to find a basis to delay or deny a claim. Sometimes they'll try to lowball you on the pricing for repairs, saying the damage isn't as bad as you think.

Other times they'll drag their feet on approving repairs, hoping you'll give up and pay for the repairs yourself. Either way, it's essential to be aware of the theme of defense in insurance companies to delay or deny claims; so that you can protect your rights.

Help Avoid Delayed Claims With the Right Property Damage Attorneys

Property damage can be stressful and daunting, and understanding the common causes of delayed claims in Florida is essential for ensuring that your claim gets processed quickly and efficiently. By being aware of potential delays, you can take proactive steps to prevent them from happening.

Is your insurance company unreasonably delaying your claim? Or do you need help with the process?

Schedule a consultation today to find out how we can help you with your claim.

What You Need to Know About the $10k Water Limit for Insurance Policies

2023-02-21

Did you know that Florida has been hit by a whopping 120 hurricanes since official records started keeping track in 1851?

From hurricanes and floods to burst pipes and other damages, there are many ways in which your property could experience significant water damage. You might be wondering what your insurance will do about it. This will depend on the limits of your particular policy.

Are you wondering what most limits involve? Keep reading to learn about the $10k water limit that many homeowner’s insurance policies have in them.

What the $10k Water Limit Means

It's an unfortunate fact that many insurance policies in Florida come with a maximum limit of $10,000 for water damages and an additional $10,000.00 for mold as a result of a water loss. If your repair cost is above your coverage limits, you may have some important choices to make. In some policies, like Citizens Insurance, the company will pay more than the $10,000.00 if you allow Citizens’ to take control of the repairs. In other instances once you are paid the limit for water damages, you'll be left to pick up the pieces and pay the tab.

One of the biggest questions involves what counts toward that $10,000.00 limit and what doesn't. For instance, you may be surprised to learn that most insurance companies will put the cost of drying out your property toward the limit or it may be separate coverage under emergency mitigation services. Depending on the severity of the water damage, the dryout alone could end up costing around $5,000, if not more. At that point, very little of the insurance provider's money will go toward repairing your property and getting it back to its “pre-loss condition”.

It's an understatement to say that this will end up being hard on your wallet. If you feel as though you're not being paid enough for your legitimate damages as claimed, then it's time to contact an attorney.

Why You May Need a Lawyer

By seeking out experienced Florida property damage lawyers, you'll have a much better chance of getting the coverage you deserve. The insurance industry receives the premiums annually and often do not fulfill the coverage amounts you pay for on you insurance claims. This is why property damage attorneys are not a variable but rather are often necessary.

The best lawyers will take your specific situation into consideration and create the strongest case possible. If you don't have any water damage claim issues at the moment, then a lawyer can let you know if your current policy is the correct values needed for coverage.

By finding an insurance provider you can rely on, you could avoid the stress of a lawsuit altogether. Either way, you can always rest easy knowing that an experienced attorney is by your side in every situation.

Now You Know About the $10k Water Limit

Now that you've learned about the new limits in property policies regarding the $10k water limit, you can make sure that you get what your insurance policy provider owes you. If you feel that your insurance policy isn't being honored, then it's worth getting legal assistance.

The Knoerr Law Group can help you by using its combined experience of almost half a century. From residential to commercial property in Florida, they've handled a vast number of first-party claims. In addition to your desired settlement, your insurance provider may have to pay the legal fees once you win your case. Contact us to schedule a consultation now.

When Will My Insurance Company Help Me with My Hurricane Ian Claim?

2022-11-11

Hurricane Ian made landfall for the second time on September 28, 2022. It had previously made landfall as a Category 3 hurricane in Cuba, where it cut off electricity.

By the time the storm touched down in Florida, it had been upgraded to a category 4. Ian would prove to be the most devastating hurricane to hit the US in seventeen years. In total, the damage is estimated to be over $50 billion.

With so much damage, it should come as no surprise that many people filed claims. However, filing a claim and getting your carrier to fully pay the claimed amounts are two different things. Even if your insurance company agrees that your damages should be covered under the terms of your policy it could take time to actually receive the funds. How do you know when that will happen, though? We'll talk about it below.

Resources and Finances

The sad reality is that it's not always a question of when your insurance provider will pay, but if they'll pay and will they pay the full amount to place you in your “pre-loss” condition; which is the standard. Natural disasters like hurricanes, earthquakes, and tornadoes are an insurance company's worst nightmare. Most insurance companies work by collecting premiums so that they have the money available when they do need to pay on a claim and have invested wisely together with reinsurers.

The amount of catastrophic loss in the last two months, which is extraordinarily higher than average even during Hurricane season this has caused many property owners to wonder what is ultimately going to happen. With such widespread damage which occurred in Florida, a lot of claims are all filed at one time; ie. immediately after these storms. The best-case scenario in this situation is that the insurance company needs time to investigate the damages and determine how and when to pay for all these claims. Unfortunately, the reality is that insurance companies don't always have the funds readily available, and many of them go into insolvency.

Know the State's Insurance Laws

Knowing Florida's insurance laws is vital in the wake of Hurricane Ian and Hurricane Nicole. In the meantime, filing a claim as quickly as possible is your best move. We would also recommend finding an insurance lawyer to help you navigate any legal hangups you may encounter with compliance with conditions in your policy that you may not be aware of.

It should be noted that insurance companies in Florida aren't legally allowed to cancel a policy until 90 days after a disaster. Another law that works in your favor is the Valued Policy Law. Simply put, the Valued Policy law states that if your property was completely destroyed by an event that your policy covers, the insurance company has to pay you the full value of the policy.

The bad news is that a lot of insurance companies will try to find a loophole in the policy so they don't have to pay the claim fully or immediately and sometimes not without a lawsuit. Your lawyer will help you if this happens.

When Will My Hurricane Ian Claim Pay?

If your home was damaged during Hurricane Ian, you may be wondering when your insurance claim will pay out. The carriers by statute have 90 days from the date you notified them of the loss to make a determination of coverage. That does not mean the insurance company will fully pay the amounts owed in 90 days, it simply affords a limited time to investigate the claim and make a decision to deny the claim, pay the claim (which is generally less than the full amount owed) or a hybrid of paying some items and denying others.

We've discussed Florida's insurance laws and current situation in this article, but there's always more to learn. You can read up more on legal issues and resources on our site. If you have any questions, or concerns, or are in need of representation, we encourage you to contact us.