Insurance Law

After Hurricane Irma: Weathering Your Insurance Claim

As Hurricane Irma barreled through Florida, it left a path of destruction and uncertainty. First and foremost, we hope that you and your families are safe and recovering well from the storm. We also want you to know that, if you sustained any damage, we are here to provide you with guidance and counsel during the insurance claim process and help ease your uncertainties.

As you may know, insurance policies are complex contracts with many pitfalls and nuances. The failure to properly navigate the insurance policy and claim process can delay payment of benefits to you, result in an underpayment of benefits and/or denial of your claim. Although the applicable terms and conditions of your policy(ies) will control the mutual rights and obligations of you and the insurance company, below are some of the most frequently asked questions to assist you and your friends, colleagues and business relationships in this process:

How long do I have to report my Hurricane Irma claim?

Depending on the terms of the insurance policy, notice must be immediate, timely or prompt. Although immediate, timely, or prompt notice must be given, most insurance policies do not define these terms or provide a fixed period of time within which you are required to report the loss. Some commercial policies do outline a specific deadline and it is important to be familiar with the policy’s terms. Most often, notice is necessary when there has been an occurrence that would lead a reasonably prudent person to believe that a claim for damages would arise. Acting with little or no delay will help you protect your rights under the insurance policy and increase the chances of a timely resolution.

A failure to provide immediate, timely, or prompt notice may jeopardize your right to benefits under the policy.

In addition to the terms of the insurance policy, under Florida law, a claim, supplemental claim or reopened claim caused by windstorms such as Hurricane Irma is barred unless notice is given to the insurance company within 3 years.

What should I report?

Report what you observe. You are not expected to have in depth understanding of how wind impacted your roof. Those distinctions are left for the professionals. Give a description of what you have experienced and what you see. Once you have reported the claim, follow up to obtain your claim number and the name of the adjuster who is assigned to your loss. Make sure you get written confirmation/acknowledgment of your report and check it for accuracy.

Be cognizant of what you post on social media. You may not understand the full extent of damages and social media postings describing your damage as “minor” or otherwise, may be used against you at a later date by the insurance company.

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