The threat of hurricanes is a very real part of living in Florida.
Although we all hope to avoid the catastrophic results that accompany a hurricane event, it is important to be prepared both before and after such an event.
The attorneys at Nutter Law Group have handled over a thousand property insurance claims on behalf of homeowners and commercial property owners. Based on that experience, we understand how devastating hurricanes can be to those that have sustained damage to their home and personal belongings. Unfortunately, insurance companies do not always comply with their legal and contractual obligations to properly investigate and timely pay for a hurricane loss.
When a hurricane makes landfall in Florida, insurance companies are inundated with claims – often thousands – within days. As a result, property owners will typically face unusual delays and cursory investigations by their insurance company. Even worse, insurance companies will often try to “lowball” property owners with undervalued estimates.
For these reasons, it is in the best interest of those who have sustained hurricane-related property damage to consult with an experienced Florida hurricane insurance claim lawyer who can ensure that their insurer does not take advantage of them during this difficult time.
What To Do Before A Hurricane
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- Understand the category and strength of the storm – Hurricane strength is classified by category (1-5). Lower-category (1 or 2) hurricanes can be minimally damaging, while others, like a category 3, 4, or 5, have the potential to cause catastrophic damage. It is important to understand the strength of the storm as it approaches the coast to ensure that you are taking appropriate measures to prepare yourself and your home. For example, for a hurricane with a lower classification, securing debris and loose items from around your home may be sufficient, while appropriate measures for a higher category hurricane may involve installing storm shutters, taping down furniture, and vacating the home.
- Turn off gas, water, and electric breakers – Utilities can be damaged during a hurricane event, and it is best to shut off these utilities prior to a storm. However, make sure to leave your air conditioning running during a hurricane event to prevent increased humidity, and possible mold growth, in the event water penetrates your home during the storm.
- Have sandbags filled and placed against any openings (doors, garage, etc.) on or near the ground level. This will help prevent any surface or flood waters from entering the home.
- Make sure windows and doors are properly covered and protected. If your home is equipped with storm shutters and doors, use them. Otherwise, consider using plywood to board up the windows and any glass doors or openings.
- Trim trees surrounding your home. The loosest branches will be the first to break loose from trees, and these can become projectiles that can cause serious damage to the home
- Clear any clogged rain gutters and down spouts.
- Secure any patio furniture or items that my blow away, or move these items inside the home or garage.
- Reinforce the garage door – heavy winds can compromise the integrity of your garage door, allowing significant water intrusion and wind damage to anything inside of the garage.
- Take photos of all items of value – in the event valuable items are damaged or possibly looted following a storm, it will help to have photographic proof of the existence and condition of these items prior to a hurricane event.
- Prepare a safe or weather-proof folder containing important documents, including: driver’s licenses, passports, identification cards, birth certificates, prescriptions and medical records, insurance policies and cards.
- Make sure you have spending cash on hand in the event certain establishments may not have the capability to process credit or debit cards immediately following a storm.
What To Do After A Hurricane
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- Report the claim to your insurance company as soon as possible – it is often first come, first served as it relates to an insurance claim. In addition, your policy requires you to promptly notify the insurance company of a loss.
- Request a copy of the insurance policy from the insurance company – it is important to have a complete copy of your policy to understand the coverages that are available. For instance, in addition to coverage for your property damage, your policy also likely covers temporary living expenses in the event you are forced to vacate your home as a result of hurricane damage.
- Protect the property from further damage – this may involve boarding up broken windows, placing a tarp over openings in your roof or walls, and other steps to mitigate or prevent additional damage.
- Leave your air conditioning unit running – if your home has sustained water intrusion, rapid mold growth can occur, particularly if the temperature inside the home rises as a result of the air conditioning unit being shut off.
- Make and keep a record of the loss – this involves photographing and videoing all damage, including damage to the roof, walls, yard, and interior of the building, as well as personal items.
- Prepare a written inventory of all damaged property to accompany the photographs/videos.
- Save all receipts for costs incurred as a result of the hurricane damage.
- Provide all requested information and documentation to the insurance company.
- Use caution before entering into any contract with a repair company, adjuster, or lawyer.
- Consult with a lawyer if your claim is denied, or before accepting any claim payments from your insurance company, particularly if the insurance company is requiring you to sign a release.
What Does My Insurance Policy Cover
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Construction Defects
Sinkhole Claims
Windstorm Claims
Water Loss Claims
Builder Warranty Claims
Most homeowner’s insurance policies cover damage caused by wind and rain, but not flooding. This is an important distinction, and insurance companies often attempt to attribute damage caused by wind damage and ensuing rainwater intrusion to damage caused by flooding, or rising surface water. If your insurance company has denied your claim on these grounds, you should contact an experienced hurricane insurance claim attorney.
The insurance company is required to pay for covered hurricane losses based on the loss payment conditions in the policy. Depending on the language in the policy, the insurance company may be permitted to deduct depreciation from certain items of damage and pay you on an actual cash value (ACV) basis. This means you may not be paid the full amount needed to repair or replace the items. Alternatively, the insurance company may be required to pay you the full amount of the loss on a replacement cost value (RCV) basis, which means you are owed the amount necessary to repair or replace the items of like kind and quality, without any deduction for depreciation.
This is an important distinction (ACV vs. RCV), and the terms of the policy govern the payment terms and conditions. If you are unsure about whether the insurance company is paying you the correct amount for your loss, it is a good idea to seek legal advice.
In addition to coverage for damage to the home, most homeowner’s policies provide coverage for damaged personal property resulting from a hurricane loss. This might involve water-damaged furniture, clothes, or other belongings, or mold growth/exposure among other things.
If you are forced to vacate your home due to hurricane damage, your policy should also cover the costs of temporary relocation to a hotel or even a rental home for a reasonable time until the home is repaired and restored to a habitable condition. Similarly, if you sustain hurricane damage to a home that you own and rent to tenants, most policies provide coverage for lost rental value in the event the tenants are forced to vacate the home and stop paying rent.
Most homeowner’s insurance policies contain a separate deductible for hurricane losses. The deductible amount is typically set at a predetermined percentage of the policy limits (e.g. 2%, 5%, 10%). This deductible must be met before the insurer will start paying for any damage, so it’s a good idea for homeowners to have a thorough understanding of exactly what their policy covers when they file a claim.
Consult With An Attorney
Hurricane Michael Disaster Areas
If, at any point during the claim process, you feel uncomfortable or unsure about what you should be doing, if you are asked to provide a recorded statement or submit to an Examination Under Oath, or if you are not satisfied with the Insurance company’s response to your claim, it is a good idea to consult with an attorney, particularly, in the event of the following:
- Unreasonable requests for documents or information
- Unreasonable delays in inspecting the property, communicating with you, or making a claim decision
- Requests for an Examination Under Oath
- Denial of the claim, including partial denials
- Insufficient payment of the claim
- Withholding payment for all or a portion of the claim. This is particularly concerning if the insurance company is withholding payment for a portion of the claim until and unless you agree to resolve the entire claim.
- Refusal to pay for temporary living expenses in the event you have to temporarily move out of your home
- Requests that you sign a release as a condition to payment of the claim
If your home was damaged during a hurricane and you have questions or concerns about what your homeowner’s insurance policy will cover or believe that your insurer is operating in bad faith, please contact Nutter Law Group at 813-575-4442 to schedule a meeting with an experienced Florida hurricane insurance claims lawyer who can evaluate your case. We are prepared to begin assisting you immediately.