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