Member of the Best Attorneys of America Member of the Best Attorneys of America Member of the Florida Justice Association Member of the Florida Justice Association Top Rated by AV Preeminent Top Rated by AV Preeminent Superb Rated by Avvo Superb Rated by Avvo Top Rated by Super Lawyers Top Rated by Super Lawyers Member of American Inns of Court American Inns of Court
Ask the Attorney

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Florida Hurricane Insurance

According to the National Oceanic and Atmospheric Administration, forty percent (40%) of all U.S. hurricanes hit Florida. While Floridians are accustomed to hurricanes, the monetary liability from property damage may still come as a shock.

Attorney for Hurricane Damage Liability in Orlando, FL

Florida Insurance companies deny and underfund claims for many reasons, from bad faith to not having up-to-date inspections. Florida law requires insurance companies to follow certain requirements after hurricanes and other natural disasters. If you or someone you know has a claim that has been denied in the Orlando area, and in the surrounding cities of Deland, Titusville, Sanford, Kissimmee, Bartow, and Tavares, contact an experienced insurance liability attorney to help with your case.

Find out more information about the statute of limitations for hurricane damage liability cases in Orlando, Florida.

Attorney Michael Germain is a skilled negotiator who handles cases throughout Orange County, Brevard County, Seminole County, Osceola County, Polk County, Volusia County, and Lake County in Florida.

Call (813) 835-8888 for a consultation about how an insurance attorney can help you get the settlement you deserve from your Florida insurance company for wrongfully denying a claim.

Florida Hurricane Insurance

Basic Florida insurance policies do not cover all hurricane damage. Under Fla. Stat. §627.712, insurance companies must provide windstorm coverage in their residential insurance policies. Not all policies cover the other effects of hurricanes, however, such as flood, mold, dilapidation, or water damage.

Additionally, many policies require policyholders to pay a deductible on the total damage before they can receive any monetary recovery from their policy. Requiring an insured to pay money after an unexpected disaster can cause the policyholder serious financial strain.

Most Florida insurance companies allow an insured to make hurricane-mitigation improvements to their homes, such as purchasing wind resistant windows and doors, and removing debris from property, to reduce their insurance premiums.

Filing a Hurricane Claim Florida

Florida law has a statute of limitations for filing property damage claims that arise from hurricane damage. It is important to talk to an attorney about how the statute of limitations might apply to your case.

In Florida, the statute of limitations for filing a claim for hurricane property damage is five years from the date of the loss. The "date of loss" language is important in the Florida statute because this means that the statute of limitations begins to run when the policyholder's home becomes damaged, not when the insurance company wrongfully denies the claim.

The importance of this language lies in the fact that sometimes an insurance claim is not denied for some time, especially considering that Florida allows for insurance companies to withhold damage coverage until the insured pays its deductible.

Paying a large deductible could take years for some policyholders. If a Florida policyholder takes too long to file a claim, then he or she could be barred from recovery.

Denying a Hurricane Damage Claim in Florida

Florida Statute § 627.7019 requires insurance companies to set standards for filing a claim for damages as a result of hurricanes and other natural disasters. The Statute requires the insurance companies to address the following:

  • grace periods for paying premiums and other duties;
  • claims reporting requirements; and
  • temporarily postponing policy renewals and cancellations.

Insurance companies must issue an order within seventy-two (72) hours after a hurricane stating which of the standardized requirements apply, the geographic areas to which they apply, the time at which the requirements start, and the time in at which the requirements end.

If your insurance company denies your claim, then the company must provide a notice of denial that explains why the coverage was denied and the specific policy coverage that allows the denial.

Insurance companies will find many reasons to deny a claim. Companies have denied claims on theories of bad faith, the statute of limitations, and by stating that the policy does not cover the listed damage. It is important to have a Florida insurance attorney look at any denied claim that you may have to ensure that the claim was not wrongfully denied.

Additional Resources

Hurricane Research – Visit the National Oceanic and Atmosphere Administration for more information about hurricane statistics in Florida and to find out the number of hurricanes that have taken place across the State of Florida and whether your property is at risk.

Fla. Stat. § 627.7019 – Visit Online Sunshine the official website of the Florida Legislature for more information about the requirements that insurance companies have after hurricanes and other national disasters. Online Sunshine provides the full statutory language of the statute.

Finding an Attorney for Hurricane Insurance in Orange County, FL

Having a claim denied or being barred from bringing a claim due to the statute of limitations can have drastic effects on your home, especially if you have paid thousands of dollars maintaining Florida homeowner's insurance. Talk to an attorney who will fight for your best settlement against a bad faith insurance company.

Call attorney Michael Germain for more information about the statute of limitations in hurricane cases and how to fight a wrongfully denied hurricane liability case in Orange County, FL or in the surrounding counties of Volusia, Lake, Polk, Osceola, Seminole, or Brevard.

Call (813) 835-8888 for a consultation about your hurricane damage liability case in Orlando, Florida.

 

This Article Was Last Updated on Tuesday, March 7, 2017

Ask the Attorney

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Meet Our Attorney

Michael B. Germain

Michael B. Germain

Michael B. Germain is the founder of the Germain Law Group. For over a decade, Michael has been involved in litigating insurance claims and complex commercial matters.

Read More