Hurricane Ian devastated Florida in September 2022. In the aftermath of this catastrophe, there have been and will continue to be tens of thousands—if not more—insurance claims for damage to homes or businesses as a result of this hurricane.
Due to the sheer number of claims, insurance companies may make errors in adjusting your claim. This post is designed to highlight some simple things to look out for regarding your Hurricane Ian claims in Florida to ensure that you protect your right to a timely and fair outcome of your claim. When you do not have an attorney or other professional involved with your claim from the outset, these tips may help give you guidance on what to look out for and how to approach the claim process.
Insurance Claim Process:
Most insurance claims follow a simple trajectory: (1) you, or someone on your behalf, reports a claim to your property insurance company; (2) that property insurance company acknowledges the claim and investigates it; and (3) that property insurance company makes a decision to either pay or reject the claim. There are a multitude of laws that insurance companies are supposed to follow in processing your claim in both a timely and fair manner, and these standards vary from state to state. When events such as Hurricane Ian occur, the insurance companies’ abilities to adhere to expected standards are put to the test; however, during times like these it is even more important that claims are processed in paid in the timely and fair manner in accordance with the contracted policies.
Claim Acknowledgement:
If you have already reported a claim for storm damage to your homeowner’s (or commercial property) insurance, your insurance company will generally send you a “claim acknowledgement letter,” acknowledging receipt of the claim. In Florida, the insurer has two weeks to review and acknowledge your reporting of that claim. More times than not, the process is automatically carried out by the insurer upon noting your claim and opening a claim number, so the failure to provide acknowledgement of your claim may mean they never opened a claim for you or assigned an adjuster to you. If you do not receive a claim acknowledgement letter, you should reach out to your insurer and request that they acknowledge the existence of your claim. This puts them on notice that they are acting against the laws that require them to acknowledge your claim within 14 days of you providing notice.
Insurance Adjusters and Property Inspections:
Once the claim is opened, insurance companies typically assign or retain field adjusters to perform property inspections to visualize and account for the damage that is part of your claim. With catastrophes such as Hurricane Ian, there may be too many claims to inspect and so there may be delays in scheduling an inspection. If your property insurance company requests an inspection of your home or business, it is important to coordinate this inspection as soon as possible.
At the inspection, you should ask for (and document) the names and phone numbers of all individuals who are present from the insurance company. Under Florida law, the licensed adjuster from the insurance company must also provide you with a printed or electronic document containing his or her name and state adjuster license number.
During the inspection, you should also observe the inspectors and adjusters as best as you can. Take note of whether they inspect all parts of the property and document any rooms or areas the adjusters did not inspect. One particular thing to document is whether the adjuster actually climbs onto a roof or not. Many times, adjusters who are in a hurry to complete inspections will only climb up to the roof, but do not actually go on top of it. This prevents them from fully inspecting the roof as certain portions of the roofs are generally not viewable from the edge of the roof.
Insurance companies routinely ask for recorded statements as part of their investigation, and these often occur before or after property inspections. While most insurance policies in Florida allow for this to occur, you also have the right to know when, where, and how it is occurring.
Coverage Determination by the Insurer:
An insurer generally has 90 days from the day you gave notice of the claim to either pay or deny your claim. If you have provided all requested information/documentation, insurers should thereafter send you a coverage determination letter, which should provide a reasonable explanation in writing of the basis for the payment, denial, or partial denial of your claim. If you do not receive a written letter within 90 days of the date you reported the claim, you should contact your insurer and request a coverage determination. Late decisions that result in payment should come with statutory interest added to the payment.
In addition to the right to being provided a coverage determination within 90 days, insureds also typically have the right under Florida law to the insurer’s detailed estimate of the amount of the loss, especially in cases where the insurer makes a partial payment. If a payment is made but no estimate is provided with that payment, you should request the estimate from your insurer. Additionally, insurers are required under Florida law to maintain a record or log of each adjuster who communicates with the insured, and you are entitled to that list if you request it from your insurer.
If you have started the claim process on your own, some of the above tips should help in your efforts to ensure that the insurance company complies with the laws that govern its conduct in processing your claim. However, if a dispute arises or if you believe the insurance company did not fairly assess or pay your claim, then it may be beneficial to contact an attorney to discuss whether you may have a claim. At Pardell, Kruzyk & Giribaldo, PLLC, we are experienced in litigating and settling such property insurance claims.
If you believe that you were wrongfully denied any insurance benefits, please do not hesitate to contact us at info@pkglegal.com or at (561) 726-8444 for a free evaluation of your claim.