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.

16 Frequently Asked Questions (and Answers) About Hurricane Damage Claims in Florida

What is Law and Ordinance coverage?

Law and ordinance coverage is an additional coverage that is typically included in your homeowners policy. This coverage assists in paying for demolition costs and increase construction costs as a result of newer building code enforcement when repairing or replacing your dwelling after a covered insurance loss.

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 yes, but consult an attorney to review your insurance policy, claim and any release you are asked to sign.

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?

You must have flood insurance in effect at the time of the loss to be eligible for coverage.

Are there any options to have insurance cover tree removal due to storm damage? Additionally, if a contractor damages my property and a dispute arises, do you represent these kinds of cases?

Home insurance may cover tree debris removal in some scenarios, such as after a storm, but only up to your policy's coverage limits. Your policy likely won't pay to remove a dead, rotted, overgrown or potentially damaging tree from your property. Paul Cavonis, our Board Certified Civil Litigation Attorney, regularly handles contractor disputes. 

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

Generally, the insurance company must conduct an inspection within 30 days of your proof of loss and pay or deny the claim within 60 days.

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

Obtain independent estimates and submit them with a proof of loss. Consult an attorney to review your insurance policy and claim.

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

If you are handling a claim on behalf of a family member, it’s advisable to obtain a durable power of attorney, especially if they are elderly. This can simplify interactions with insurers and other stakeholders.

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

It depends on the structure’s flood classification. If the first floor is nonconforming, like a garage or storage space below the flood elevation, it typically isn’t covered. For living spaces built to code above the flood level, coverage may apply. Check with your insurer or refer to your policy for specific details.

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

Flood insurance does not cover wind-driven rain damage; that is typically covered under a Homeowner’s Insurance (HOI) policy if windstorm coverage is included. Ensure you have windstorm coverage if you’re in a hurricane-prone area, as it may require a separate deductible.

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

Yes, under certain circumstances, you can accept an initial payment and still challenge the valuation. Make sure to clearly communicate your intention to dispute to your adjuster.

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

Actual cash value (ACV). 

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 detailed report. 

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

Unpermitted work can lead to fines, potential future rework, and non-compliance issues. As the homeowner, it’s your responsibility to ensure all work is permitted, even for licensed contractors.

Can I or a family member perform minor repairs without a permit?

In most cases, minor, non-structural repairs, like drywall replacement, can be done by homeowners without a permit. However, if FEMA or local inspectors are involved, there may be additional scrutiny.

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Contact Our Proven Florida Litigation Attorney

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.