February 23rd, 2018

The Aftermath of Hurricane Irma: The Battle Royale for Insurance Coverage

by, Katherine L. Sloan, Esq.

Five months have passed since Hurricane Irma devastated much of the State of Florida. Unfortunately, for many homeowners affected by the devastating storm, the true battle is just beginning. As Floridians report devastating losses to their insurance carriers, many find that these reports are met with either a lack of response from the carrier, or the offer of a settlement check that does not even begin to scratch the surface towards repairing their damaged homes.

It is important for homeowners to be aware that in the State of Florida (and a few other jurisdictions across the country), Section 627.7142, Florida Statutes outlines a Homeowner Claims Bill of Rights detailing the rights of a personal lines residential property insurance policyholder who files a claim with his or her insurance carrier. In fact, in many cases, insurance carriers must provide this Homeowner Bill of Rights to a policyholder within fourteen days after receipt of a claims communication. Under this Homeowner Bill of Rights, the policyholder has a right to:

  1. Receive acknowledgment of their claim within 14 days after the claim was communicated to the insurer.
  2. Receive communication from the insurer as to the claim being covered in full, partially covered, or denied, or a written statement that your claim is being investigated, within 30 days after the company receives the policyholders completed proof of loss form.
  3. Subject to any dual interest noted in the policy, receive full payment of the claim, the undisputed portion of the claim, or the denial of the claim within 90 days.
  4. Free mediation of your disputed claim, offered through the Division of Consumer Services, under most circumstances and subject to certain restrictions.
  5. Neutral evaluation of a disputed sinkhole claim if the claim is due to sinkhole damage and is covered under the policy.
  6. The availability of assistance with any insurance claim or questions pertaining to the handling of your claim from the Division on the notice.

A homeowner dealing with his or her insurance company in the aftermath of Hurricane Irma would be wise to make sure that emergency repairs necessary to prevent further damage are completed and documented. It is also critical to take photographs both before and after any repairs that are completed to document each and every undertaking at the property. To the extent that the repairs are not an emergency and do not require immediate attention, it is important that a homeowner contact the insurer prior to undertaking these types of repairs to provide the carrier with an opportunity to inspect the home. It also never hurts to obtain estimates from licensed general contractors to properly assess the amount of damages at issue. Finally, it is critical for a homeowner to carefully read all correspondence—including any settlement checks that may contain policy release language—from the insurance carrier and cooperate by providing information that may be requested.

Navigating an insurance claim can be a confusing and arduous process. It is always best to consult with an attorney that specializes in insurance coverage disputes to assist in the process.

 

 

 

 

September 26th, 2017

POST-IRMA: ARE YOU COVERED?

By Justin M. Thomas, Esq.

Earlier this month, majority of Floridians experienced the passing of Hurricane Irma.  Unfortunately, the risks associated with living in the state of Florida include tropical weather such as hurricanes and tropical storms.  In Southwest Florida, those risks and the ensuing damaging resulting from those risks are now readily apparent.  As the area and the state begin to recover, it is important not to forget about the steps commonly taken to insure against the losses associated with unexpected and catastrophic events, like Hurricane Irma.  Namely, insurance for real property, personal property and loss of business or business interruption.

Property/Homeowners’ Insurance

A large majority of Floridians have purchased an insurance product to protect their most valuable investment, their home.  In addition to insuring the structure from loss, the property contained inside is also likely insured up to a certain limit.  If structural or property damage was sustained, the following steps should be taken:

  1. Locate your insurance policy and read the coverages afforded under it.

 

  1. In the event of recognized damage, immediately place your insurer on notice of the loss.

 

  1. Document all damages to your home and property, as this will be requested from your insurer. Photographs and an inventory of damages are a simple way to keep track of the loss and quickly provide to your insurer when requested.

 

  1. Follow up with your insurer to make sure that your claim is opened and being processed so as to quickly begin the steps forward to recovering from this unfortunate event.

 

  1. If your property is in danger of sustaining further loss, seek the permission of your insurer to employ efforts to mitigate further loss.

 

  1. In the event that your insurer fails to respond to your attempts to initiate a claim or respond to your inquiries, contact the state of Florida Department of Insurance Consumer Helpline at (1-877-693-5236) and consider seeking the advice of competent legal counsel experienced with handling similar claims.

 

Commercial Property and Business Interruption Coverage

The losses associated with serious weather events, such as Irma, do not just damage homes and impact the personal lives of Floridians.  Mother Nature’s powerful force has unyieldingly damaged the property of Florida’s economic base of small businesses as well.  Commercial property insurance is the product device to protect a business’s real and personal property.  An additional coverage available for businesses is that of business interruption insurance. This insurance provides coverage to a business for the losses sustained due to the inability or reduced ability of a business operate in the event of disaster or loss.

While no business owner can forecast the future, those that have purchased commercial property insurance and business interruption insurance are not without support to recover from Irma’s recently inflicted loss. The steps outlined above with respect to homeowners insurance will apply equally to a commercial property claim. In addition, consider the following:

  1. Identify all available coverages for both property and if applicable, inventory maintained by the business.

 

  1. Confirm the notice requirements in the policy in the event of a loss and immediately report the loss or potential loss to your carrier.

 

  1. Maintain accurate records of the events leading up to the disaster, during the disaster and following the event so as to be able to provide the insurer with the necessary information to evaluate and adjust the loss.

 

In closing, although the recent events associated with Irma have inevitably disturbed the lives and damaged the property of many Floridians, recovering for those losses from your insurer is one positive step towards returning to some sense of normalcy.

 

 

 

 

 

 

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