Claim Help Lawyers

Navigating Florida's Roofing Laws - Repairs vs. Replacement After a Hurricane

2024-06-20

The aftermath of a hurricane can be a daunting experience for a Florida homeowner, especially when it comes to assessing and addressing your home’s roof damage. In 2024, understanding what your property insurance covers and navigating the state's roofing laws is crucial to ensure your home is properly protected and repaired.

The 25% Rule Change

One of the most significant changes in Florida's roofing laws is the modification of the 25% rule in 2022. Previously, if a roof sustained damage exceeding 25% of its total area, insurance companies were required to pay for a full roof replacement. However, the new law provides if the roof is in compliance with the requirements of the 2007 Florida Building Code (or newer) and it can be repaired, as discretionary to the carrier, a roof replacement amount is not required to be paid by insurance company for the damages, even if you choose to have the roof replaced instead of repaired.

Prior to this law change, if your roof was damaged at 25% or more of the roofing system by a covered peril the carrier would be obligated to pay for the full replacement (depending on your policy terms and conditions being met). This change has sparked debates and concerns among homeowners and contractors. While it may provide cost savings for insurance companies, it could also lead to patchwork repairs that compromise the integrity and longevity of the roof, as well as the aesthetics.

Roof Repair vs. Replacement

When it comes to roof damage after a hurricane, homeowners often face the dilemma of whether to pursue repairs or opt for a full replacement. The decision should be based on several factors, including the extent of the damage, the age and condition of the existing roof, and the potential long-term costs associated with each option.

Roof repairs may be a viable solution for minor to moderate damage, such as missing or damaged shingles, leaks, or isolated areas of concern. However, if the damage is extensive or the roof is nearing the end of its lifespan, a full replacement may be the more cost-effective and long-lasting solution. The most important factor is whether the repair protects your property’s integrity.

Ordinance and Law Coverage

In Florida, many homeowners' insurance policies include ordinance and law coverage, which can provide additional funds to bring a property up to current building codes after a covered loss. This coverage can be particularly valuable when it comes to roof replacements, as it may help offset the costs of meeting updated roofing requirements and standards.

It's essential to review your policy and understand the limits and exclusions of your ordinance and law coverage, as these can vary among insurance providers and policies, as well as amounts.

Navigating Insurance Claims

Navigating the insurance claims process after a hurricane can be complex, especially when it comes to roof damage. It's crucial to document the damage thoroughly, including hiring a licensed professional to accurately photograph and document damages and to file your claim promptly and pursuant to the terms of your policy.

If you have a claim and you disagree with your insurance company's assessment or proposed settlement amounts, you have the right to dispute their decision. Consulting with a licensed reputable public adjuster or an attorney specializing in property insurance claims can provide valuable guidance and advocacy throughout the process. The Knoerr Law Group can help you through the entire process and assist with finding a public adjuster who can provide what is required to your insurance company.

In Florida, it's also important to be aware of the state's laws and regulations regarding insurance claims, such as the timeframes for filing and responding to claims, as well as the rights and responsibilities of both homeowners and insurance companies have changed. Florida law requires an insured to provide notice of a property insurance claim promptly after a storm. For claims resulting from hurricanes, tornadoes, windstorms, severe rain, or other weather-related events, the date of loss is the date that the hurricane made landfall, or the tornado, windstorm, severe rain, or other weather-related event is verified by the National Oceanic and Atmospheric Administration.

Protecting Your Home

Remember, prevention is key. Regularly checking for water leaks after storms and addressing any issues promptly can help minimize the risk of extensive damage during a hurricane or storm.

Key Points:

Florida's roofing laws have changed, including the 25% rule for roof damage, which allows leeway for insurance companies to accept liability for a repair instead of replacement of the damaged roof.
Homeowners must carefully evaluate whether roof repairs or replacement is the better option based on the extent of damage, age of the roof, and long-term costs.
Ordinance and law coverage in insurance policies can provide additional funds to bring a property up to current building codes after a covered loss, including roof replacements.
Documenting damage thoroughly and filing insurance claims promptly is crucial when navigating the claims process after a hurricane.
Homeowners have the right to dispute insurance company assessments and proposed settlements.

Knoerr Law Group's attorneys have over 50 years in combined experience in helping Florida property owners with the complexities of insurance claims and roofing laws. We advocate for your rights and make sure you receive the compensation you deserve.

Contact Knoerr Law Group today at 1-844-456-6377 to schedule a consultation. Let us help you through the process of repairing or replacing your roof after a hurricane, ensuring your home is fully protected.

HURRICANE SEASON STARTS JUNE 1ST - KNOW WHAT TO CLAIM FOR DAMAGES: What to Do When Your Property Damage Claim Is Undervalued by Your Insurance Company

2024-05-30

In 2023, Florida experienced two billion-dollar natural disasters due to hurricanes. As the 2024 hurricane season approaches, in ONE week, June 1st, Floridians should be prepared for the potential of property damage caused by these powerful storms.

If you suffer property damage from a hurricane or other weather event during the 2024 season, you expect your insurance company to comply with the terms of the insurance policy to fully pay the cost to place your property in its pre-loss condition. Unfortunately, even when insurers afford coverage for claims they often undervalue them and pay a fraction of the costs of restoring property. If the underpayment of valid claims wasn’t bad enough, new insurance laws in Florida can make pursuing your rights more difficult.

Although the average homeowner will requires a property damage lawyer to file the claim and comply with the conditions and understand coverages afforded in the language in the multi-page policy, endorsements, and statutes property owners would like to trust their carriers. Learn what to do if your claim is undervalued and how the experience of Knoerr Law Group will fight to get the compensation you deserve.

File Your Property Damage Claim as Soon as Possible

Recent changes in Florida law give you less time to file a property damage claim after a hurricane or other event. While most insurance policies require you to give notice of a loss and claim “promptly”, you must giver such notice of a claim or reopened claim within one year of the date of loss. Supplemental claims must be filed within 18 months of the date of loss.

Failing to follow these rules can negatively impact your ability to make a recovery on your claim or make a fair settlement harder. Knoerr Law Goup will help you navigate the complex deadlines and rules you need to follow.

Reject an Undervalued Settlement Offer

If you receive a payment or offer you believe is insufficient to repair all of the covered damage to your property, you don't have to accept it. You can demand that you are paid the full amount necessary to restore your property to its pre-loss condition, minus your deductible. To do this you will need a written list of damages to provide a demand to your carrier with photos of the damages.

Knoerr Law Group has the skill and expertise to recognize when the insurer is making an incorrect policy interpretation. We are uniquely suited to respond to the carrier’s underpayment and make the most effective demand possible.

Choose the Right Lawyer for Hurricane Property Damage

The attorneys at Knoerr Law Group have more than 50 years of combined experience helping residential and commercial property owners with their property damage claims, and the majority of the claims we have handled involve hurricane and windstorm damage. We are very proud of our success rate in obtaining favorable recoveries for our clients. Know who you are hiring for your insurance claim after a hurricane or windstorm loss or any property damage.

Schedule a consultation with Knoerr Law Group today and let us help you get the compensation you deserve for hurricane property damage.

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.

When Should You Hire Attorneys for Property Damage After a Named Storm?

2023-11-21

If a storm has damaged your property, you may think submitting an insurance claim is simple. Insurance companies sometimes take a very long time to fully process claims, or even reject payments for claims that they should have accepted and paid based on your policy and the law.

When do you retain a property damage attorney? Start reading here. Learn when you should hire attorneys and how a lawyer can help get your life back on track.

When You Don't Need Attorneys for Property Damage

A small, uncomplicated property damage claim doesn't always need an attorney. If you feel comfortable with your understanding of the policy and ability to negotiate, you can move forward on your own. Not every storm damage claim ends up complicated.

Coverage Disagreements

During a named storm, a lot of different types of damage can happen at once. If you run into a $10,000 limit on water damage coverage, you and your insurance may disagree on whether this cap applies to a named storm claim or what part of any water damage falls under this denomination. Also, you can wind up in a situation where you and the insurance company disagree on repairing or replacing damages in your property.

In cases like these, your storm damage claim will benefit with Knoerr Law Group’s attorney's guidance. An experienced property lawyer can help you sort through what the language in your policy covers.

Damage Disagreements

When you disagree with your insurance company on the amount of damage or the insurance company has a different timeline or date of loss than you believe to be true, contact a lawyer. Insurance companies may close claims when the damages have not yet been fully paid.

An experienced lawyer can help you prove the conditions as required in your policy including the damage to your property for the insurance claim. A lawyer can also negotiate on your behalf with the insurance company. Your lawyer has a more extensive background in negotiations and can free up your time to put your life back on track after a named storm.

Negotiation in Bad Faith

Do you think your insurance company hasn't played fair during the claims process? Get in contact with a property damage lawyer at Knoerr Law Group as soon as possible.

Lawyers help clients fight insurance companies that underpay, refuse to pay, or delay claims. You will need a lawyer to help you understand your rights and build your case. If you have exhausted all remedies to you a lawyer with storm damage experience will help.

Weather Any Storm

When you hire attorneys for property damage, you take the initiative of retaining a professional to recoup your losses and taking care of the specifics to repair your property that you own and care about. While some claims don't require the involvement of a lawyer, lawyers can cut through a lot of common difficulties with insurance companies.

Has your insurance company underpaid your claim? Has your home, business, company, been damaged by a hurricane, rainwater, wind, mold, or smoke from a storm?

Give us a call at The Knoerr Law Group, we know your rights under the law and we're willing to fight for them. Our founding attorney has experienced storm damage firsthand and knows how important a fair insurance claim can be.

Florida Disaster Help: What You Can Do After a Catastrophe

2023-11-14

A category five hurricane can cause disastrous damages such as the destruction of framed houses, total roof failure, and fallen trees. Even a lower category hurricane has tornadoes and other wind-related events with it and can uproot trees and take down power lines.

If your home happens to be affected by catastrophic weather, then you may find yourself struggling to recover from your insurance company afterwards.

Here's your guide to Florida disaster help and recovery after a hurricane.

Assess Storm and Flood Damage

The first thing you should do after a natural disaster is assess your home for damages. Look around for any potential hazards such as stray nails or loose wiring. Avoid standing water, as it may act as a conduit for electricity or cause an infection if you have open wounds.

Photograph all damages as seen immediately. Also, document the damage to your home and any items you have that are damaged and which should be covered by insurance. Florida policyholders must also file insurance claims within one year of the incident as of 2023. Previously, it was two years.

If you can return to your home safely, make sure to clean and disinfect what you can. Dry wet areas and remove soaked items as part of your flood recovery, after documenting and photographing same.

Contact Your Insurance Company

Assuming the damage is covered by your policy, you'll need to contact your insurance company. This is recommended even if you aren't sure about your coverage. You can call your agent or your carrier’s claim department to start the claim process, and they'll send an adjuster to inspect the damages.

If your insurance takes too long to process your claim, you may need to contact an attorney. You'll also need an experienced insurance attorney if your claim has been denied.

Adhere to Your Evacuation Plan

If your property is no longer livable, then you'll need to stick to your evacuation plan. This plan should include things like a place to stay during the storm and items you'll need to bring for at least a few days.

Stay at a hotel or a family member's house and keep copies of any hotel bills or items you pay for to assist you at this time. Be cautious while the contractors work on your home. Make sure the contractors are state-licensed so you know they'll provide professional assistance. Also, make sure to get at least three written estimates if possible so you have more options.

Get Florida Disaster Help

Florida disaster help is available for any homeowner who has been affected by a natural disaster. This may be private adjusters to attorneys, which can assist you with your insurance provider. Make sure to create a disaster preparedness plan in advance of Hurricane season so you know what you need to do if your property gets damaged.

Knoerr Law Group provides hands-on cooperation with you for your insurance claim, across the State of Florida. If your home or business has suffered damage in a storm or event, we can help. Contact us at either our Coral Springs or West Coast location to tell us more about your issue.

Beyond The One Year Anniversary of Hurricane Ian: Has Your Insurance Company Paid Your Florida Hurricane Ian Claim?

2023-11-07

If you're still waiting for the Hurricane Ian claim payment your insurance company owes you, you're not alone. Statistics shows us that tens of thousands of claims remain open. Almost 8,000 complaints were filed against insurers in the first seven months after the storm.

You can take action if your insurance company ignores or tries to underpay your Florida Hurricane Ian claim. Learn more about the rules for property damage claims and how Knoerr Law Group can help you get the payment you deserve.

How Long Can the Insurance Company Delay Full Payment of a Claim?

Florida Statutes and your insurance policy have conditions, duties and requirements that you have to comply with before and after filing a property damage insurance claim. Included in this are deadlines that policyholders and insurance companies must comply with. Florida recently changed the laws regulating property insurance claims and there are new deadlines for policyholders and insurance companies to comply with to fulfill statutory duties and conditions and terms under your insurance policy.

Most insureds do not know what these conditions are, let alone how to comply with them. If not responded to correctly, it may affect the payment of your claim. Hiring a lawyer is the best way to ensure you are in compliance with your obligations.

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

An attorney will know the proper processes for filing the claim and communicating with insurance companies. If you settle out of court, they will be able to advise you on the pros and cons of the offer. If your case goes to trial, the attorney will be able to represent you in a court of law.

What to Do if Your Florida Hurricane Claim Was Denied

Insurance companies often deny or try to underpay Florida hurricane claims. You do not have to accept your insurance company’s decision on your claim. You can challenge their decision if your insurance company fails to offer adequate compensation due to you under your policy.

If your carrier has denied your claim it may be the result of a misunderstanding or misinterpretation. Insureds can file a complaint with the Florida Department of Financial Services if your insurance company isn't correctly following the terms of your policy.

You can reach out to your claims adjuster. If you have additional supporting evidence for your claim, the adjuster may reevaluate it.

Or you can hire a property damage attorney to help you get the recovery you deserve.

Hire an Experienced Hurricane Damage Attorney

Handling a claim on your own is difficult. Knoerr Law group attorney will give you a greater chance of success having years and years of experience. We understand the complexity of insurance laws, policies and keep on top of the changes in laws.

A property damage attorney will ensure that your response and demand to a wrong amount paid, incorrect areas of damages or improper inspections are handled correctly.

For many people, the insurance company will settle the case rather than deal with a potentially long trial, and your attorney will provide the correct evidence to your insurance company to allow it to fully pay your claim sooner than later.

Get Your Hurricane Ian Insurance Claim Settled

Thousands of Floridians are still waiting for payment on their Hurricane Ian insurance claims. If you aren't getting the results you need on your own, Knoerr Law Group can help. Our property damage lawyers have over 50 years of combined experience.

The Knoerr Law Group will fight on your behalf to get the settlement you deserve. We know how to get the full benefits paid that are should be paid under your policy.

Schedule a consultation with the Knoerr Law Group today and start making progress on your Florida Hurricane Ian claim.

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.

The Different Types of Property Damage Claims for Hurricane Ian

2022-12-06

Did you know that Florida has experienced vastly more hurricanes in recent times than any other state?

Florida has experienced 121 hurricanes. That's almost double the amount of Texas, the runner-up state. More hurricanes mean more Florida properties experience damages from wind, rain and all weather related to hurricanes.

Hurricane Ian was one of the most recent and more devastating hurricanes to areas of Florida. Did your property get damaged by the weather during Hurricane Ian? If so learn about the different types of property damage claims you may have for Hurricane Ian and what policies of insurance you need to properly insure your Florida property.

Your Property's Roof

The roofing system on a property is a common damage from a storm with high windspeeds, slow-moving storm and wind gusts like Hurricane Ian. The policy(ies) of insurance maintained for the property in place during even determines what coverage you have available and if available based on the conditions in the policy. Even if roof damage is visible, whether the resulting loss is covered is dependent on many variables before the claim is approved for payment.

An insurance representative will often ask questions regarding the state of the roof before it was damaged, the roof's age, for photographs of the roof including any repairs done and much more. The newer the roofing system, the stricter the building codes and the better chance at less damage and coverage if damaged by your carrier.

Window Damages

Did you experience water or see water stains below windows in the property after or during the storm? Many people miss the “envelope” of the property being completely affected by such a storm and simply believe the roof damages caused all of the rainwater damages in the property. This is not true. The wind and pressure from the storm effect the entire building and cause the windows to move and the seals of the windows become compromised even if it does not visually appear that way unless or until a property damage expert inspects every area of the building. There are many techniques, both visual and through testing that should be done to determine the full extent of damages when property is affected by a storm like Hurricane Ian.

If you believe that your insurance provider is delaying, has underpaid or denied a property damage claim or the adjustment of the claim, then you should contact a legal professional as soon as possible.

Property’s Interior

If the roof or windows of your property allowed water or moisture to enter as a result of the hurricane, then there's a high chance the interior experienced damage as well. From the walls to the floors, to ceilings, insulation, trusses and more. The structure has many parts that you may not be aware of that could be damaged and not seen, this is why you should retain professionals for your property damage claim.

Any water damage in Florida because of the high temperatures and humidity are a breeding ground for mold growth. Most insurance policies have limits on mold damage so it's important to double-check your policy and ask your agent if you can increase mold coverage amounts if necessary for any future events.

Public Utilities

If your property experience significant wind, water or flood damages you should also keep public utilities in mind as being affected as a result of the storm. From electricity to running water, and needing to replace your electrical system to protect your property; these are potential damages from Hurricane Ian. The same is true of telecommunications lines and pool pumps.

Aside from public utilities, there's also private equipment to take into consideration. These could include HVAC systems, furnaces, generators, alarm systems and computers, and machinery, among others. If any of this equipment sustained damage from the recent hurricane, then you could receive the estimated value and replace them.

Proper Claim Filing

Filing a property claim is much more complex than it seems. From the initial phone call to file the claim to the inspections, to discarding damaged items, every single step affects the final outcome of the claim process. There are key words and words that will cause a denial that you may say not knowing the technical term to give the carrier. When a claim is filed generally your property has sustained a loss and you are emotional and flustered by the experience. As there are different types of property damage claims for Hurricane Ian, should retain the assistance of a professional to know what should apply to your situation. That way, you can get the money you're owed according to your insurance policy terms.

The Knoerr Law Group will take the steps to ensure the proper handling and ultimate payment of the claim for all damages sustained and covered under your policy. Whether your claim has been delayed, denied, or underpaid, we're here to help. We also specialize in other areas, such as personal injury, real estate transactions, and more.

Please feel free to contact us and schedule a consultation.

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.

The Ultimate Guide to Filing an Insurance Claim After a Hurricane and Flood damages

2022-10-24

Hurricane Ian has put a renewed focus on flood insurance together with Hurricane (windstorm) event. The state of Florida was battered with rainwater, flood water and sewer water amongst other variables and effected our southwest community on the Gulf Coast which suffered incredible property damage.

Not everyone has flood insurance in Florida. Of the counties with evacuation notices, less than 20% of homeowners took out a flood insurance policy.

Unfortunately, many property owners may not become financially whole if they did not have flood insurance and damages are resulted from flood water. Insureds, even with documented damages from Ian will experience denials, delays, and undervalued insurance claims.

Read on for the ultimate guide to filing an insurance claim. Explore topics such as flood coverage and dealing with hurricane recovery.

What To Do After a Hurricane?

In the hurricane aftermath, your safety is paramount. When re-entering a flooded home, or hurricane damaged homes, it is imperative to safely shut off electrical systems. You may require a plumber or electrician to shut down gas and electricity before re-entering Further, you should hire a licensed florida electrician to inspect your electrical system before turning your electricity back on.

Next, you need to dry out the home. Open all doors and windows to speed up the process. If electricity is safe to use, fans and dehumidifiers are also effective. IF your carrier would like to provide you with a “preferred vendor” be sure to get a copy of ANYTHING you are signing for that vendor to perform services. Third party vendors from your carriers sometimes take all of the damages out of the property and then the carrier will state the removal prevented the next inspector from seeing the damages. Take photos! Make the vendor take photos and immediately email them to you. (Even if you cannot receive the email at that time if you have lost electricity, have the email sent to protect yourself).

Once the situation is stable, make sure to take photos and video evidence of the flooding damages and water line as well as the photos of any debris outside of your home. If you need to throw away any furniture, carpet etc. or items that have been water damaged by the flooding make sure you file the claim first and give the insurance company notice that you are removing these items and if they need to inspect the items first you should give them a reasonable time to inspect. Water damages in Florida can spread into mold quickly unless it is properly dried out and tested for mold.

You need to take an inventory of every item destroyed by the water. This information is crucial for a properly documented insurance claim.

How to File an Insurance Claim?

Call your insurance company or carrier immediately when you know you have damages. After safety is addressed, it is time to file an insurance claim (or 2 if the damages are related to both flood and hurricane damages). While hurricane recovery is significant, it is imperative to promptly report your losses.

This means reaching out to your insurance agent or carrier as soon as possible. The technical term for this communication is a notice of loss.

An insurance adjuster will reach out to you within 48 hours after your report the claim. However, it may take them longer to come out depending on the severity of the weather conditions. Hurricane Ian, for instance, is causing extensive delays in claim responses.

Your claim is going to include standard information such as phone number and e-mail address. You will need to know your insurance company and policy number. Also, you will need to provide your mortgage company’s information.

While filing, you should consider requesting advanced payments for additional living expenses, like a hotel if your home is uninhabitable. This will help you pay for immediate expenses. It is noteworthy that advanced payments are subtracted from your final claim amount.

The next important document is called the proof of loss. Typically, you have 60 days to file this after a reported claim. This document is very detailed oriented and can be deemed invalid if not properly completed.

Further you are required to complete a list of your inventory of everything damaged in the flood or hurricane water (and it must be proven to be related to the source of damages) along with amounts for replacement based on whether your policy provides for Actual cash value reimbursement or Replacement cost value reimbursement. Accompanying photos and videos go a long way to support your proof of loss filing. Failure to do this may result in an underpaid claim.

Your Guide to Filing an Insurance Claim

Dealing with hurricane aftermath or a major storm is not easy especially a disaster like Hurricane Ian that included flood damages in some areas. There is a physical, mental, and financial toll exerted on you and your family.

Flood insurance can alleviate the financial burden of flood damages but is typically limited to $250,0000.00. However, it is so important to follow the processes of your insurance company’s policy precisely. Make sure to promptly report your loss and provide all supporting proof.

If you are filing an insurance claim and need assistance, contact us today to speak with a professional.