Danahy & Murray

Five Years after the Date of a Loss Allegation Breach of Contract

If an insurance company breached its insurance contract, a homeowner must file a lawsuit within five years from the date of loss allegation breach of contract.

Three Years after the Disaster

Homeowners do not have unlimited time to file claims and lawsuits related to storm damage or the wrongdoing of an insurance provider. Claims for peril caused by windstorm or hurricane is barred after three years of the date of damage unless notice of the claim, a supplemental claim, or a reopened claim is provided to the insurance provider.

Appealing an Insurance Company’s Decision

If the insurance company denies the claim or offers a settlement amount that is far below the appraised value of the damage, the property owner can appeal the insurer’s decision. It is important to carefully review the insurance policy to determine whether there are any specific actions that you must take when appealing a decision.

A Florida insurance attorney can review the insurance contract and application laws to determine the best course of action for holding the insurance company liable for property damage and other damages caused by the refusal to act in good faith.

90+ days after Filing a Florida Homeowners Insurance Claim

Make sure your insurance company paid sufficient interest at the rate mandated in Flat Statute 55.03. If the insurance company has failed to settle a Florida homeowners insurance claim for storm damage or damages from a disaster, the insurance company could be acting in bad faith. You may want to contact a Florida insurance claims attorney.

Within 90 Days of Filing a Florida Homeowners Insurance Claim 

You should receive full payment of your claim, payment of the undisputed portion of your claim or a denial of the claim. A denial should include a written explanation.

Within 60 Days of Submitting a Claim

Usually, proof of loss is required within 60 days from the date of loss or 60 days upon demand from your insurance company. During this time, your insurance adjuster should have inspected the loss and provided you a copy of their estimate of damages and required repairs. If any experts are required for repairs, the insurance company should have been retained and site inspections should have been scheduled.

Within 30 Days of Submitting a Proof of Loss Statement

The insurance company must confirm whether your claim is covered, partially covered, denied or under investigation. During this time, you will likely have multiple conversations with the insurance company, and an insurance adjuster or inspector should have scheduled a site inspection. Keep detailed notes about each conversation and contact with the insurance company or a representative for the company.

Within 14 Days of Contacting the Insurance Company

The insurance company must acknowledge your claim and provide you with a copy of a Homeowner Claims Bill of Rights. The Bill of Rights summarizes the claims process, but does not necessarily include all of your rights under Florida laws.

During and After the Storm

Continue to follow instructions from local authorities and government officials. If you shelter in place, identify the safest rooms in your home to use as shelter during the storm. Don’t try to venture outside during the storm, even during a lull. Wait until local government agencies announce the all-safe to return home or venture outside.

When you do venture outside, be careful of dangers and hazards. Downed power lines can pose a severe threat. Always assume power lines are active. Standing water can also hide threats and dangers. If you evacuated, don’t return home until it is safe to do so. It is tempting to return home or go outside to survey any damage, but you need to be extremely cautious to avoid injuries.

Once a Watch or Warning Is Issued

You may not have much time to prepare for a natural disaster. However, as soon as a watch or warning is issued for a hurricane, tropical storm, flood or other natural disasters, you need to begin emergency preparations immediately.

• Pack a go-bag for each member of the family. FEMA provides a list of items to include in emergency go-bags
• Check your emergency kit to ensure that you have sufficient water, food, and other supplies for each person in your home.
• Prepare your home for the storm or natural disaster:
  • Board up windows.
  • Secure outdoor furniture and items.
  • Unplug unnecessary electronics.
  • Transfer movable objects to higher levels of your home.
  • Place sandbags around your home.
• Listen to local authorities and obey instructions regarding mandatory evacuations and other preparations.
• Identify local shelters and plan routes to shelters.
• Prepare your vehicle and fill up vehicles with fuel.
• Locate shelters that allow pets, or vets that are boarding pets if you cannot take your pets with you to a shelter.
• Make sure that you have an emergency file of important documents with your go-bag in case you need to leave home in a hurry. Having these documents can make it easier to file a Florida homeowners insurance claim after the storm passes.

The Week After

Once the storm passes, it is time to assess the damage and begin the process of filing a Florida homeowners insurance claim. Some important tips for preparing to file a homeowners insurance claim include:

• Document the damage to your home by listing all damage, taking photographs of damages and making videos of the damage before moving anything.
• Most insurance policies require that homeowners take reasonable steps to prevent further damage. If you need to make emergency repairs to prevent more damage to your home, such as replacing a door or patching a roof, take pictures before and after the repairs and keep detailed documentation of the cost of the repair.
• Don’t begin making full repairs until the insurance company has assessed the damage to the home.
• If your home has incurred damage, file a Florida homeowners insurance claim with your insurance company. Write down all relevant information, including the claim number, contact person, and telephone number of the claims department.
• Arrange for a certified local contractor to prepare an appraisal of the damage. It can be helpful to have an independent party’s appraisal to compare to the insurance adjuster’s appraisal. Many contractors provide free estimates after storms and disasters. Don’t enter into a contract for repairs until you verify the repair provisions of your insurance policy.
• Keep detailed records of all contact with the insurance company, including notes regarding the information discussed during each contact.
• Keep detailed records of all expenses related to the storm damage, including temporary housing, replacement of immediate personal needs, etc.

Review your insurance policy to determine the coverage amounts, exclusions, deadlines, deductibles, and other relevant information necessary for filing a Florida homeowners insurance claim.