Commercial Property Insurance Claims

In Florida, what do property insurance claims and disputes encompass?

Property insurance claims and disputes revolve around disagreements between policyholders and insurance companies regarding coverage, the amount of compensation, or the insurer’s duty to defend. Such disputes often arise when policyholders believe their insurers have wrongfully denied or underpaid a claim or when insurers argue that policy exclusions or conditions apply. The crux of these disagreements often stems from interpreting policy language or assessing damages.

For example, disputes may arise in the aftermath of hurricanes or other natural disasters, where policyholders seek compensation for damages caused by wind, rain, or flooding. These disputes may also encompass disagreements over the value of damaged or destroyed property, leading to lengthy negotiations or even litigation. In addition, in some cases, policyholders may allege that insurance companies acted in bad faith by denying, delaying, or undervaluing claims without a legitimate basis. Therefore, policyholders and insurers must understand their rights and obligations under Florida law to navigate these complex disputes effectively.

Need help to handle a claim or dispute against your policyholder? Schedule your consultation today with a top property insurance claims attorney.

Which Florida laws, rules, and regulations apply to property insurance claims and disputes?

Florida property insurance claims and disputes follow a combination of state statutes, regulations, and case law. The Florida Insurance Code contains various provisions for insurance contracts, insurers, and policyholders, including Chapter 627, which explicitly addresses property insurance.

Florida Statute §627.701 regulates handling claims involving natural disasters, such as hurricanes and sinkholes. Flood insurance claims, however, flow through the National Flood Insurance Program under the Federal Emergency Management Agency (FEMA).

Furthermore, the Florida Department of Financial Services and the Florida Office of Insurance Regulation regulate the insurance industry and enforce state insurance laws. As a result, they issue rules and guidance that impact property insurance claims and disputes. Moreover, Florida courts play a significant role in interpreting insurance laws and policy language, creating a body of case law that shapes handling property insurance claims and disputes.

Understanding the interplay between Florida statutes, regulations, and case law is essential for effectively navigating state property insurance claims and disputes.

How do commercial property insurance claims connect to property insurance disputes?

Commercial property insurance claims seek compensation for losses or damages to their commercial property. Despite the clear intentions of the policyholders, disputes can arise for various reasons. One such reason is the ambiguity in policy language, which can lead to disagreements on coverage and the interpretation of terms.

Policyholders and insurance companies might also disagree on the actual extent and value of the loss or damage. In such cases, the involvement of public adjusters and independent appraisers is common. The state of Florida mandates the appraisal process in the event of disagreements on value or damage

When a set of facts is appropriate for facilitating property insurance claims or disputes, there are many paths a client may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What are the prerequisites for policyholders to file commercial property insurance claims?

Policyholders must establish the following:

• Prompt notification of loss: Policyholders must promptly notify their insurer of the loss or damage. Under Florida Statute § 627.70132, policyholders generally have one year from the date of loss to file a claim.
• Proof of loss: Policyholders must submit a detailed proof of loss statement to their insurer, including the date and cause of loss and an inventory of damaged property.
• Cooperation with the insurer: Policyholders must cooperate with their insurer during the claims investigation process. This process may include providing access to the property, submitting to examinations under oath, or providing additional documentation.
• Mitigation of damages: Policyholders must take reasonable steps to minimize further damage to the property. Failure to do so may result in a reduction of the claim amount or even denial of coverage.

How can legal counsel facilitate commercial property insurance claims, and what are the associated strategic benefits?

An effective attorney often considers and resolves the following for their clients:

• Evaluating coverage: Counsel can help policyholders interpret their insurance policies and determine the extent of coverage, considering any relevant Florida Statutes and case law.
• Documenting loss: Counsel can guide policyholders in collecting and organizing essential documentation, ensuring the proof of loss statement is comprehensive and accurate.
• Negotiating with insurers: Counsel can represent policyholders during negotiations, advocating for a fair settlement based on a thorough understanding of policy provisions and the damages incurred.
• Litigation support: If necessary, counsel can represent policyholders in court, leveraging their knowledge of Florida property insurance claims and disputes to argue for a favorable outcome.

As a result, policyholders strategically benefit in the following ways:

• Maximizing claim value: Counsel can help policyholders build a strong case for their claim, increasing the likelihood of obtaining a favorable settlement.
• Reducing delays: With counsel’s assistance, policyholders can navigate the claims process more efficiently and avoid potential roadblocks that might delay claim resolution.
• Minimizing risks: By working with experienced counsel, policyholders can mitigate the risk of errors or missteps that could result in claim denial or reduced compensation.

Please contact our office to set up your initial consultation to see what forms of legal protection and advocacy may be available for your unique situation.

Frequently Asked Questions

1. Can I file a property insurance claim for damages caused by flooding?

Generally, Florida’s standard homeowners’ insurance policies do not cover flood damages. However, you can purchase separate flood insurance through the National Flood Insurance Program or private insurers.

2. What if the insurance company denies my claim or offers an insufficient settlement?

If your claim is denied or the settlement offered is inadequate, you can dispute the decision with the assistance of counsel. They can help you gather evidence, negotiate with the insurance company, and represent you in legal proceedings if necessary.

3. Can I make temporary repairs before my insurance claim is approved?

You can make temporary repairs to prevent further damage but should not make permanent repairs until your claim is approved. Be sure to document the damage and repair costs for your insurance company.

4. What is an appraisal in the context of property insurance claims?

An appraisal is a process where an impartial third party determines the value of the damages claimed. For example, if the policyholder and the insurer cannot agree on the claim amount, an appraisal may be used to resolve the dispute.

Have more questions about property insurance claim recovery?

Crucially, this overview of commercial property insurance claims does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.