Many people own condominiums in Florida, as tourists come to Florida each year to vacation and often stay in condos during their vacations. Condo owners in Florida are required to possess condominium insurance that insures their personal belongings inside the condo. Typically, the condo association or homeowner’s association (HOA) has a master plan that covers the exterior of the condo and any community areas.
Florida Statutes § 624.604 provides for property insurance to cover all real and personal property, regardless if the property is on land, in the water or in the air. Property insurance includes condos, and not only does it cover personal belongings inside the condominium, policies also insure against personal injuries that occurred inside the condominium.
If a claim under your condominium insurance policy has been wrongfully denied or disputed by your insurance provider or your insurer acted in bad faith when denying your condo claim, it is important to hire a Tampa property insurance attorney.
Tampa Condominium Insurance Lawyer
Contact the Germain Law Group at (813) 835-8888 for a consultation about your condo insurance claim denial in Tampa, Florida. Attorney Michael B. Germain is knowledgeable in all areas of Florida’s insurance laws and is experienced in all aspects of condominium insurance disputes. Call the Germain Law Group today about your property insurance claim denial throughout the areas in Hillsborough County, Pinellas County, Brevard County and Manatee County, Florida.
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Condominium Insurance Coverage in Florida
Condominium insurance policies typically cover damage to furniture, appliances, electronics, clothing, jewelry, personal belongings and any personal liability for injuries sustained inside the owner’s condo.
An insurance provider usually supplies a condominium unit owner’s (HO-6) policy to individuals who are seeking condominium insurance. This type of policy covers damage to any contents inside the owner’s condo and provides personal liability insurance for any injuries incurred in the condo.
Most condominium policyholders are required to first pay a deductible on the loss before their insurer will take over payment of the damages. It is important to examine your policy and determine what is covered and specifically excluded under your policy.
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Filing a Condominium Insurance Claim in Florida
When filing a claim under your condominium insurance policy, it is important to immediately call your property insurance attorney to make sure you provide the most accurate and necessary information to your provider. Your attorney will then file a claim on your behalf with your condo insurance provider, or will inform your insurer they are representing you if your claim has already been filed. It is important to timely file a claim because any delay could result in filing your claim outside the statute of limitations or a denial of your claim by your provider. A statute of limitations (SOL) is the time period you can file a claim. You will not be able to recover any damages if you file outside of this time period.
When filing a claim, request all correspondence in writing, document every time you talk to your insurer, and keep all records of purchases and receipts that arise from the damage to your condo. It is also a good idea to take photos and videos of any damage throughout the claims process. This information can help process your record faster and can be used as evidence if legal action against your insurer is necessary.
Recent Florida legislation changed the statute of limitations on all property claims arising from damage due to windstorms or hurricanes from five years to three years. This SOL period reduces the window condo owners have to file a claim for any damage to their property.
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Condominiums Insurance Disputes in Tampa
Your insurer will attempt to deny your condominium claim for any of the following reasons:
- Your HOA policy covered the damage, not your individual policy,
- The damage to your condo was excluded from your policy,
- The premium on your policy was not timely paid, so your policy was cancelled,
- The cause of the damage was not covered by your policy, and/or
- Your claim was fraudulently made.
When your insurance carrier refuses to pay for damages under your condo insurance policy, they must specifically provide you with the reasons your claim was denied and the provisions in your policy that excluded or failed to cover the claim. Your insurer may be acting in bad faith if they don’t provide you with this notice.
If your condo insurance provider breaches their contract with you in bad faith, a new Florida law only allows breach of contract claims to be filed within five years from when the damage to your condo occurred, not when the breach happened (which usually occurs much later than the damage). Typical breaches can include the insurer did not pay your claim in time, they unnecessarily delayed the claims process and they paid you, the policyholder, less than what you should have received.
Condominium insurance claim disputes and denials can be time-consuming, costly and frustrating; therefore, it is important to hire a Tampa insurance lawyer to represent your interests and proceed with any necessary legal action on your behalf.
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Germain Law Group, P.A. | Condominium Attorney in Tampa
Contact the Germain Law Group today for a consultation about your condominium insurance claim denial in Hillsborough County, Pinellas County, Brevard County and Manatee County. Michael B. Germain is a knowledgeable Tampa property insurance attorney who will listen to the facts of your situation and help you determine the best recourse in pursuing your condo claim. Contact the Germain Law Group at (813) 835-8888 for a consultation about your property insurance issues throughout Central Florida, including Tampa, St. Petersburg, Clearwater, Titusville, Palm Bay, Melbourne, Bradenton and Palmetto.