Hurricane/Windstorm Damage
A hurricane or windstorm can cause serious damage to your home, roof, and attached / detached structures and additional damage to your personal property from leaks or water that enters through openings caused by the storm.
Unfortunately, in 2011, the Florida Legislature made making hurricane or windstorm insurance claims more difficult. Specifically, they amended Florida Statute 627.70132, titled “Notice of windstorm or hurricane claim,” as follows:
A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.
As a result, any claim for hurricane or windstorm damage must be filed within three (3) years after the hurricane made landfall or the windstorm caused the damage to the property.
Therefore, homeowners must be vigilant in reporting claims for hurricane or windstorm damage and making sure that all damage is included within the first presentation to the insurance company. If you leave something out, the insurance company may not pay and your claim may be barred.
Insurance policies are difficult to read and contain numerous exclusions that are not specific or can be tricky to understand. Often times, insurance companies will incorrectly deny part or all of a claim. There are also situations where an insurance company makes a payment but the payment is not enough to properly repair the damage. The experienced insurance attorneys at O’Neil Law, PLLC will investigate your loss, apply the law and the policy terms, fight to have your claim paid, and assist in obtaining an estimate that accurately reflects the amount of damage caused by hurricane or windstorm.
If you, your family or loved ones have suffered any hurricane or windstorm damage (or believe the same may have occurred) and wish to discuss assistance in presenting or pursuing a claim, we can help. Call our office today to speak with an experienced member of our legal team. 850-266-7552 The initial consultation is absolutely free. It is important to know your rights and options. Even if you aren’t sure if an attorney can help, take a moment to fill out our online contact form or call us for a prompt response to get the answers to your important questions. We work on contingency. Meaning there are absolutely no up-front fees or costs and we are only paid if and when we are successful in getting you compensated.