Residential 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 residential property insurance claims connect to property insurance disputes?

Residential property insurance claims can often lead to disputes in the context of Florida property insurance claims. For instance, a policyholder may file a claim for damages to their home. The insurance company might dispute the extent of the damages, the cause, or whether the policy covers the specific incident. In Florida, many property insurance disputes arise from damages caused by hurricanes or tropical storms.

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 residential property insurance claims?

Policyholders must establish the following:

• Notify the insurance company promptly: Policyholders must report the damage to their insurer immediately. Delay in notification may lead to denial of the claim or a reduced settlement. In Florida, a policyholder has up to one year to file claims.
• Mitigate further damages: Policyholders are responsible for protecting their property from further damage. This mitigation might involve temporary repairs, such as covering a broken window or leaking roof. However, policyholders should not permanently repair until the insurance company approves the claim.
• Document the damage: Policyholders should take photographs or videos of the damaged property and create a detailed inventory of the items that have been damaged or lost. This documentation is crucial for substantiating the claim and assisting the insurance adjuster in their assessment.
• Cooperate with the insurance adjuster: Policyholders must cooperate with the insurance company’s investigation of the claim, which may involve providing access to the damaged property, submitting an examination under oath, or producing relevant documents or records.

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

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

• Reviewing the policy: Counsel should thoroughly review the client’s insurance policy to determine the scope of coverage and any limitations or exclusions.
• Assisting in the documentation: Counsel can help the policyholder gather essential documents, such as photographs, repair estimates, and receipts, to strengthen their claim.
• Negotiating with the insurance company: Counsel can negotiate on behalf of the policyholder to ensure they receive a fair settlement for their claim.
• Litigation support: If a dispute arises, counsel can represent the policyholder in any necessary legal proceedings, such as mediation, arbitration, or court.

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

• Maximizing claim value: Counsel can help the policyholder identify and document all damages, ensuring they receive the maximum compensation for their claim.
• Efficient resolution: Counsel can expedite the claims process by navigating complex insurance regulations and advocating for their client’s interests.
• Reducing stress: A knowledgeable attorney can alleviate the burden on the policyholder, allowing them to focus on recovering from the damage to their property.

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 residential 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.