While property owners in Florida have been fortunate in recent years to enjoy a respite from harsh tropical storms and hurricanes, we cannot expect this paucity of hurricanes and tropical storms to continue forever. Our homeowners insurance claims lawyers urge residents throughout Florida to take precautions to protect their well-being and property while also preparing for the aftermath of the next inevitable storm when it arrives.
Insurance companies in Florida have a duty under state law to try to settle insurance claims in good faith, which encourages such companies to act honestly towards its insured parties. When they fail to do so, insured homeowners are permitted to bring separate civil actions for bad faith against the insurance company once the questions of liability and damages have been determined. This principle is illustrated in the case below.
Florida has been fortunate in recent years to avoid substantial damage from hurricanes and tropical storms. However, there is no doubt that many Florida homeowners will be faced with the need to make a claim for damage to their home and personal property because of this peril in the future. While most policyholders probably assume coverage for hurricane damage is straightforward, the issue of coverage can be complicated. Homeowners policies often place significant restrictions on coverage for water intrusion including wind-blown rain. Our Miami hurricane insurance coverage lawyers understand that insurers often dispute coverage by claiming the damage was not caused by wind.
Homeowners' insurance policies universally include a provision that requires an insured to provide notice of loss on a reasonably prompt basis. This notice requirement often constitutes a condition precedent to payment of a claim. Insurance carriers frequently assert "late notice" as a basis for denying a claim and as a defense in breach of contract lawsuits. Policies typically do not establish a specific deadline or time-frame within which notice must be given to a carrier by an insured. This two-part blog post provides a review of a court decision analyzing when the "prompt notice" provision in a homeowners policy is triggered. In Part I of this blog, our Miami Hurricane Damage Lawyers provide an overview of the specific facts and circumstances of the case. Part II reviews the court's analysis of when the notice provision commences based on the insured's knowledge of events or damage to the property.
Greenberg, Stone & Urbano Discusses Your Hurricane Insurance Policy
As homeowners insurance claims attorneys, we work closely with our clients to make sure that they receive compensation for their claims. We prepared for the worst when Hurricane Matthew slammed into the east coast of Florida. All things being equal, things turned out alright in Florida. Still, the Federal Emergency Management Agency ("FEMA") considers many counties in Florida disaster areas from the damage caused by Hurricane Matthew. FEMA helps protect residents against the damages caused by natural disasters. FEMA also works hard to make sure that you are compensated for your loss. However, we can help you if your insurance company refused to pay your claim from Hurricane Matthew, or any other natural disaster.
June 1 to November 30 is hurricane season in the Atlantic Ocean. While 2016 has been relatively quiet up to his point, there's still plenty of time for things to change. One storm has the power to devastate entire communities. While Hurricane Matthew churns up the islands in the Atlantic, South Floridians anxiously wait for the storm to determine its path. The storm struck Haiti with fury. Matthew delivered a punch of 145 miles per hour winds and somewhere between 20 and 40 inches of rain. While landfall might take some of the steam out of Matthew, the storm can build up its strength as it crosses over Cuba, westward toward Florida and the eastern seaboard of the United States. Greenberg, Stone, & Urbano is one of Miami's top law firms according to the Miami Herald. Their homeowners' insurance claims attorneys will help you with problems involving your homeowner's insurance policy.
Our Miami homeowners' insurance claims lawyers have found that Florida residents continue to pay some of the highest homeowners' insurance premiums, despite the fact that if we emerge from this hurricane season without a significant storm, it will have been 10 years since the last hurricane hit the state. The massive storms of 2004 and 2005 inflicted billions in damages. Residents were not surprised when homeowners' insurance rates skyrocketed after these rough years, many no one expected them to stay this high.
Hurricane season will soon be over and thankfully South Florida managed to avoid any major storms this season, despite one scare. Although hurricane season will hopefully end without incident this year, it is important that all South Florida homeowners inform themselves as to hurricane insurance coverage so that they can make the best possible decision when it comes to obtaining coverage for the new year. Our Miami hurricane damage claim lawyers have provided the most frequently asked questions concerning hurricane insurance, intended to provide you with some important facts about this vital insurance coverage.
If your home is damaged in a hurricane or fire, prompt handling and full payment of your homeowner's insurance claim can mean the difference from having your home and personal property fully repaired or replaced and severe financial loss. When homeowner's insurers refuse to handle claims in an expeditious manner, the financial hardships experienced by the owner of the home can be devastating. Although a policyholder might have paid all premiums on time for years, this does not mean that the insurance company will fulfill its contractual obligations when a claim is filed. Insurance company profits are predicated on denying claims and minimizing the amount paid out on such claims. When a policyholder submits a claim following notice of a loss, the insurer will initiate an investigation of the claim to identify viable policy exclusions. This investigation often starts with the initial insurance application. Information provided when completing an insurance policy application can constitute a basis not only to deny a claim but also to rescind (retroactively cancel) the entire policy.