Understanding Hurricane Insurance Claims: FAQs from Our Recent Seminar

Injury Law and Board Certified Civil Trial Attorney Paul Cavonis recently presented at the Seminole Chamber’s “Ask the Expert” series, where he shared valuable insights on navigating hurricane damage claims. During the event, both in-person and virtual attendees asked a range of questions about the claims process, insurance policies, and handling disputes.

Below is a list of these frequently asked questions, along with answers to help guide you through the complexities of hurricane-related insurance claims.

15 Frequenlty Asked Questions (and Answers) About Hurricane Damage Claims in Florida

What is Law and Ordinance coverage?

Law and ordinance coverage, if included in your homeowner’s insurance policy, protects you when repairing your home requires additional work to comply with local laws. This has come up after recent hurricanes in the context of FEMA’s 50% Rule, where mandatory updates to comply with weather safety codes can be costly. With law and ordinance coverage, you may be covered for the expenses to bring your home into compliance with local or statewide regulations. 

If there is a dispute with an insurance company over the amount due, will the company pay the amount they acknowledge as owed and allow litigation over the disputed difference?

Generally, if an insurance carrier acknowledges an amount as owed to the policyholder, they will pay it. However, if there is a dispute over the total amount owed, the carrier often chooses to litigate the difference, even if the disputed amount is small.

Are government agencies buying properties in storm-affected areas to convert into natural habitats?

Yes, in some areas, government agencies and conservation programs are purchasing properties sold for "lot value" to convert them into natural habitats. This is often done through land conservation initiatives, sometimes in partnership with non-profit organizations, aiming for sustainable land use.

Are there other claim options if flood insurance doesn’t cover certain losses, like garage contents or drywall removal?

Coverage for items like garage contents or drywall removal depends on the specific language in your flood and homeowner’s insurance policies. It’s often wise to file claims under both policies to maximize your coverage benefits. Each policy will be evaluated on a case-by-case basis to determine what is covered.

Do I need FEMA flood insurance in place before a flooding event, or is it available to all eligible residents at any time?

FEMA flood insurance must be in place before a flooding event to qualify for coverage. However, FEMA does offer limited assistance for those who are uninsured, though it is not a substitute for insurance. To learn more, check the FEMA website for assistance guidelines.

Are there options for insurance to cover tree removal due to storm damage, and do you represent contractor disputes?

In some cases, home insurance may cover tree debris removal after a storm, but only up to your policy’s coverage limits. Typically, insurance will not cover removal of dead or rotting trees. For disputes with contractors, our Board-Certified Civil Litigation Attorney, Paul Cavonis, regularly handles these types of cases.

What timeframe should we expect to hear back from our adjuster?

Florida law mandates that insurance companies respond to claims within 30 days. If you haven’t heard back within this timeframe, follow up and document your communication attempts. For catastrophic events, response times may vary, but insurers are required to keep you informed.

How should I handle an insurance appraisal that seems too low?

Start by obtaining at least three independent estimates and submit a proof of loss. This can help in negotiating a fair settlement. You may also consider consulting a reputable public adjuster to represent your interests if needed.

What should I know about handling claims on behalf of a family member?

If you’re managing a claim for a family member, especially if they are elderly, it’s advisable to obtain a durable power of attorney. This simplifies interactions with insurers and other stakeholders.

Does flood insurance cover damages to the first floor of a multi-story house?

Coverage depends on the building’s classification and whether the first floor is nonconforming (e.g., garage or storage). For living spaces built to code above the flood elevation, coverage may apply. Refer to your policy or consult your insurer for details.

What is the difference between flood and wind-driven rain coverage?

Flood insurance does not cover wind-driven rain damage; this is typically under Homeowner’s Insurance (HOI) if windstorm coverage is included. Windstorm coverage may have a separate deductible, so ensure your policy includes it if you’re in a hurricane-prone area.

Can I accept an insurance check and still dispute the amount later?

Yes, in certain cases you can accept an initial payment and still challenge the valuation. Make sure to communicate clearly with your adjuster if you intend to dispute the amount.

Will I get replacement cost or actual cash value for personal property?

Insurers usually pay the actual cash value (depreciated amount) for personal property, rather than the replacement cost. It’s essential to document high-value items to ensure accurate claims.

Can I obtain a copy of the adjuster’s itemized list of damages?

Yes, you are entitled to request a copy of the adjuster’s report. Recent law changes reinforce this right, so insist on receiving all relevant documentation.

What are the risks if my contractor doesn’t pull a permit for repairs?

Unpermitted work can lead to fines, rework, and non-compliance issues. It is your responsibility as a homeowner to ensure permits are obtained, even if the contractor is licensed.

Contact Our Proven Florida Personal Injury Lawyer

If you or your loved ones have suffered hurricane damage in Florida and want more information or would like to schedule a consultation with our personal injury lawyer, please fill out our online contact form or call 727-777-6842 now.