Category: Hurricane Claims

September 10 marks the one-year anniversary of Hurricane Irma and the devastation it left in Florida. As we circle back to this date, it is crucial for a number of families and businesses that experienced damages due to the hurricane to think about potential hurricane claims, insurance policies, and deadlines to recover benefits.

After Irma, many businesses were simply focused on getting back up and running again. Filing an insurance claim was, for many, an overwhelming task to add to the chaos, especially given the many questions that had to first be answered before the claim could even be filed; questions such as: what losses can/should be claimed, under what provisions, am I covered for flood issues, etc. This only became more complicated by the many responses received by insurance companies, which sometimes refused to honor claims altogether—indicating that the policyholder had no coverage—for unclear reasons.

Living in Florida, everyone is familiar with the devastating impact hurricanes can have on properties. In the aftermath of a hurricane, filing an insurance claim is often the first step towards recovering the losses and rebuilding lives, but there are times when insurance companies deny hurricane claims, leaving policyholders frustrated and unsure of what to do next.

Talk to connect with a Tampa insurance attorney about next steps if you experienced a Florida hurricane claim denial. When you seek legal assistance and follow the right path, your chances of obtaining the compensation you deserve increases.

One of the first steps you should take if you are pursuing hurricane expense recovery is to carefully review your insurance policy, paying close attention to stated reasons why a claim could be denied. When you understand specific terms, coverage limits, and exclusions in your policy, it can be easier to determine whether the denial is justified or there are valid grounds for challenging a denial.

If your home was damaged or destroyed by a hurricane, every passing day might seem like an enormous challenge. Obviously, you want to receive a quick and fair settlement offer from your insurance company, but that’s rarely the case.

When filing an insurance claim after your property was damaged by a hurricane, you may wonder how long it will take to receive the settlement offer and get compensated for your damages and losses.

If your insurance company does not respond to your hurricane claim or refuses to make a fair settlement offer, do not hesitate to speak with an experienced hurricane insurance attorney in Fort Myers. Schedule a free consultation with our knowledgeable lawyers at HD Law Partners to discuss your case.

Hurricane deductible and its role in the timeline of your insurance claim

A hurricane deductible plays a major role in the timeline and outcome of your insurance claim in Florida. Insurance companies often require their policyholders who live in high-risk areas to pay a hurricane deductible, which is a certain amount that must be paid out of pocket before the insurer covers the policyholder’s hurricane-related damage.

The estimated damage – just to agricultural resources – from Hurricane Michael across Florida and several other states is forecast to go over $1.3 billion, and includes cotton farms, pecan farms, and poultry operations as some of the hardest hit. Hurricanes are especially damaging to cotton crops, leading to an increase in the price of cotton. It is clear that farmers in particular are going to need all the help they can get in order to recover, and most of that help will need to come from crop insurance.

Florida also suffered significant timber losses as well. An estimated three million acres of timber were damaged by the hurricane, along with other commodities. It will likely take years for the industry to recover and replace lost trees.

In anticipation of these losses and those expected to hit homeowners, in mid-October, Gov. Rick Scott ordered emergency changes to insurance rules as they apply Hurricane Michael recovery, specifically. Under these rules, not only do policyholders now have an extra 90 days to submit their claims, but insurance companies are prohibited from canceling or failing to renew homeowners’ policies on homes damaged by Hurricane Michael for 90 days as well. In addition, Florida’s insurance regulator issued an emergency order that freezes any rate hike for 90 days in order to support recovery efforts in areas impacted by the Hurricane.

In September, a lawsuit was filed against Tower Hill Insurance in Florida, alleging that the company engaged in fraud concerning a number of claims filed by Hurricane Irma victims, defrauding them of money that they are owed. The lawsuit specifically alleges that Tower conspired with two other companies—Humble and Ladder Now—to deny or underpay compensation on various insurance claims filed by the hurricane victims.

According to the complaint, Ladder Now is an “unlicensed independent adjusting firm” that effectively worked with Humble, a consulting and restoration firm, to doctor fake engineering reports that ultimately found little-to-no damage done as a result of the hurricane. As a result, the lawsuit not only accuses Tower Hill of fraud, but also of mail and wire fraud, theft, and the use of unlicensed adjusters and engineers to systematically rob policyholders of premiums. The complaint alleges not only past harms to these policyholders—but ongoing harm—as a result of Tower’s allegedly nefarious activities.

Hurricane Irma cost the state of Florida approximately 2 million visitors and a loss of $1.5 billion in visitor spending. According to analyses, most waterfront tourism destinations also saw dramatic declines in the days immediately before the hurricane hit, which must also be taken into account in determining total lost income due to the storm event.

These statistics indicate just how important it is for hurricane claim insurance companies to thoroughly compensate businesses for damages, including lost business income, especially as we start to prepare for the next hurricane season.

South Florida Hotels Hit Hard

Perhaps no business owners feel this loss more than South Florida hotels, some of which have still not reopened due to significant water damage. In the days before the storm hit, a lot was done to move everything that was outside inside, as well as take other precautions that undoubtedly interfered with guests staying there, including staff and guests evacuating the hotel. The storm did damage to guestroom buildings, spas, drywall, paint, carpeting, and furniture, leading to mold and mildew, and occupancy inevitably plummeted long after the storm passed.

In late May, Coastal Breeze News featured an important article discussing when homeowners have tried for long enough to settle their Hurricane Irma claims with their insurance carriers, and whether there has been insurance bad faith. Below, we discuss this issue in greater detail.

Florida Homeowner Claims Bill of Rights

Florida has what’s known as the Homeowner Claims Bill of Rights, which every insurance company providing residential property insurance policies must provide to homeowners within 14 days of receiving any initial communication related to a claim (with the exception of any “state of emergency” declared by the Governor).

Specifically, the Bill of Rights provides that you have the right to:

The Bill of Rights also provides a number of recommendations, including:

Note, however, that the Bill of Rights does not create a civil cause of action against an insurer. When an insurance company acts in bad faith, a separate law in Florida creates a statutory bad faith cause of action against the insurance company which allows homeowners to recover costs and attorneys’ fees if they prevail. Still, it is wise to work with an experienced attorney to first file a Civil Remedy Notice with the Florida Department of Financial Services that the insurance company is acting in bad faith.

Sadly, many Florida homeowners and condominium associations are being given the same disappointing answer from their insurance companies after suffering significant damage from Hurricane Irma: the insurance company thinks that patchwork repairs are enough to fix the problem, while contractors indicate that a complete replacement is necessary.

Unfortunately, these battles are now preventing many from moving forward and getting property damage addressed, leading to many to turn to attorneys to assist with ensuring that the insured’s rights under the insurance policy are enforced.

One of the most common issues we hear about is being provided different instructions by different people from the insurance companies, and having to resend flood insurance claims several times as a result. Although many insurance agents sell these flood policies, a lot of them still do not have experience with the national flood insurance, which can lead to issues later on in getting claims addressed.

According to recent reports, the top 20 property insurers in Florida were served with more than 10,000 lawsuits over hurricane Irma claim denials just between January and March, reflecting a more than 61 percent increase from last year.

Universal Property & Casualty Co.—Florida’s largest insurer—noted that the company has received close to 80,000 Hurricane Irma-related claims, including many from Broward, Miami-Dade, and Palm Beach counties. In addition, Irma-related claims account for close to 60 percent of all new claim-related litigation filed against Citizens Property Insurance Co. (the second largest insurer in Florida).

Inadequate Recovery Also Remains an Issue

Not all of these claims involve outright denials; a good percentage also involve challenges to the companies’ decisions about the scope of damages, arguing that the amount paid to homeowners was inadequate. A good percentage also involved the determination that policyholders were owed nothing at all because the loss calculated did not surpass the policy deductible.

According to the Palm Beach Post, with Florida only one and a half months away from the next hurricane season, less than 57 percent of Hurricane Irma insurance claims have been closed with insurance payments, leaving many home and business owners at a loss, wondering if they will ever hear back on their insurance claims, and whether perhaps those claims will be denied due to the $8.6 billion backlog on them.

In addition, industry officials recently acknowledged that they may have underpaid on tens of thousands of claims they declared closed after September. For example, Florida state-run Citizens Property Insurance just reopened more than 24,000 Hurricane Irma claims to review as more information has become available.

With so many Florida property owners feeling abandoned and on their own, insurance companies are now concerned about litigation. In particular, it is of concern that many claims are declared closed in the first place, only to be reopened once legal concerns are expressed.

Following the significant damage that Hurricane Irma inflicted on the state of Florida, storm damage and recovery is a major priority on the Florida legislature’s agenda this year. The session opened on January 9^th, with the Florida House focusing on storm preparations and recovery, and the Senate on economic damage.

According to the National Oceanic and Atmospheric Administration, Hurricane Irma caused $50 billion total in damages, with more than $7 billion in property damage claims filed in Florida alone.

Hurricane Victims & Unfair Treatment by Insurers

As discussed by a Forbes article, homeowners and others in Florida filing claims from Hurricane Irma can continue to “expect storm clouds ahead” in terms of these claims being fairly addressed.

Most of the claims related to Hurricane Irma are linked to wind damage; specifically: 300,000 for wind and an estimated 150,000 for flood damage, totaling around $40 billion for these alone. Insurers have reportedly been steadily increasing hurricane wind coverage deductibles and setting new limits on payouts, shifting much of the cost onto the homeowner in the form of a clause or phrase buried in the paperwork that those purchasing the policies likely did not know about. These clauses are known as “anti-concurrent causation clauses,” which remove coverage for wind damage if an “uninsured flood” occurs at the same time, and they are virtually impossible to find and comprehend within insurance policies.

When it comes to hurricane claims, the last thing that any Floridian wants to hear is that their claim has been denied. And yet that is the case for many in our state, especially when it comes to flood claims.

In fact, according to statements made by the Federal Emergency Management Agency (FEMA) in this recent Miami Herald coverage, regardless of what flood zone maps might be telling you regarding whether or not you need to purchase flood insurance, everyone in Florida needs flood insurance.

Irma Delivered Historic Flooding

When Hurricane Irma hit Florida in September, it rolled across the Lower Keys and pushed a storm surge across the islands, continuing to swamp the coastline as it moved along Southwest Florida. Many homes filled up with mud five feet deep, and water swamped the business district, washing out over the seawalls and out of the Miami River. In Jacksonville in particular, the high tide caused the St. Johns River to swell and lead to the worst flooding in a century.

The U.S. Eleventh Circuit Court of Appeals (covering Florida) recently made a decision helpful to insurance companies fighting insurance bad faith claims. Specifically, the court held that no reasonable jury could find that an insurer’s failure to disclose information about additional insurance in its statutory insurance disclosure rose to the level of bad faith.

Florida Law: Contents of Policies

In this case, a driver struck a pedestrian, who was badly injured. When the driver’s insurer (Allstate) offered full policy limits to claimant, the claimant rejected the offer. Several months later, the claimant informed the insurer that they were willing to settle and requested that the insurer provide disclosure pursuant to Florida law, which lists what every insurance policy must specify. Specifically, every policy must specify:

Florida common law also recognizes that insurers must exercise good faith in handling claims against their insureds. If an insurer is found to have acted in bad faith, it is liable for the entire judgement against the insured in favor of the injured third party, including any amounts necessary beyond the policy limits.

You may not realize that, even as of early February, Florida still technically has 17 weeks left of hurricane season, with more and more potential property damage looming. As a result, emergency management officials in Sarasota and surrounding areas are scrambling to put lessons learned after Irma into practice to get ahead of more damage that could be coming to the state of Florida.

Two-thirds of hurricane-related deaths occur due to flooding and storm surge. Some of this organizing involves identifying which buildings can serve as emergency shelters, as well, as how evacuation centers are opened to the public and are both wheelchair-accessible and pet friendly.

Applying For Funding

What does this mean for all of the property damage, and the many individuals dealing with filing insurance claims, and either having those claims denied or delayed? Sarasota County is reportedly in line to receive $8 million in state mitigation funding to make structures more resilient in general.

Even three months later, Hurricane Irma and corresponding hurricane insurance claim denials here in Florida are affecting businesses and negatively impacting tourism. While the Florida Keys in particular typically attract more than three million visitors a year—especially right around after Christmas is over—many of the big resorts remain closed after Hurricane Irma. And when hotels are closed, subsequent businesses—such as restaurants—also suffer.

Irma was Florida’s first major hurricane since 2004-2005, and left millions of Floridians without electricity; causing widespread damage; especially in the agricultural industry.

Hurricane Irma’s Cost to Florida

Hurricane Irma left its financial mark on the state of Florida: The category four hurricane caused more than $500 million in damages and destroyed more than 1,100 homes. Many of the properties that were damaged but not entirely destroyed are projected to remain closed until at least next fall, and many business owners have projected that it could take a full year or more to recover their losses.

Florida, like Texas and Puerto Rico, has been through a busy hurricane season that has been extremely difficult on residents: just as of September, there were five major hurricanes ranked at category three or higher in strength, 13 named storms, and eight hurricanes total in the Atlantic.

Hurricane Irma caused multi-billion-dollar losses, which includes approximately $20 billion in wind damage in Florida alone. Estimates for flood damage still have not been estimated, although the Office of Insurance Regulation documented more than $5 billion in private insurance claims for flooding and wind. A whopping 47 out of 67 of Florida’s counties were part of the disaster declaration.

Higher Rates, Permanently

Due to insurance deductibles, it is still unclear just how much Florida property owners will have to shoulder on their own. In addition, there is no question that impacts from this year’s storms will have an effect on private insurance rates. The last estimate indicated that 773,000 private insurance claims were filed due to Irma alone; this includes close to 99,000 for Miami-Dade, more than 63,000 in Broward County, close to 63,000 in Orange County, and almost 60,000 in Lee County.

Unfortunately, hurricane season was catastrophic this year. Because of warming sea temperatures, those like Harvey and Irma have triggered devastating and widespread flooding, with nearly 6.5 million people or a third of Florida’s population having to evacuate.

Thousands of Floridians are already having to apply for temporary disaster unemployment relief claims with the State due to Irma, most of them in Broward, Keys, and Miami-Dade counties. Residents are able to receive up to $275 per week for up to 26 weeks through March of 2018 through the Disaster Unemployment Assistance Program. This past year, the State had extended the application deadline to October 31.

But what about property damage? Most Floridians rely on their insurance companies to help address any property damage suffered after hurricanes. And yet, many insurance companies will insist that they cannot cover property damage that is due to flooding, even if you live in an area where flood insurance was neither mandatory nor recommended because it historically has not had flooding issues.