Property Damage Claims

If any of your personal property has suffered from property damage in Florida due to a natural disaster (such as a hurricane, tornando, or flood), crime or some other occurrence that resulted in severe damage, it is imperative to hire an experienced insurance lawyer in Tampa to represent your interests.

The insurance company you are filing a claim with may try to delay your payments or claim the property damage amount was less than what you are entitled to. Examples of property damage in Florida can include, but are not limited to:

Property Damage Claim Lawyer in Tampa, FL

Contact Germain Law Group, P.A. at (813) 835-8888 for a consultation about your property insurance claims in Tampa, Florida. Attorney Michael B. Germain is knowledgeable in all areas of Florida’s insurance laws and experienced with various property damage claims. Call the Germain Law Group today about your property damage claim throughout the areas in Hillsborough County, Pinellas County, Pasco County, Hernando County, Citrus County, and Sumter County.

Tampa Property Damage Claims Information Center

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Florida Claims Not Covered by Insurance Policies

Florida insurance policies for homeowners insurance usually cover a variety of claims; however, every insurance policy is different, and it is important to speak to an attorney to find out what exactly is covered by your insurance policy. Some of the most common exclusions, or areas not usually covered by property insurance, can include the following:

  • Loss from flood or water backing up in sewers;
  • Damage to buildings from earthquakes, aftershocks, and mud slides;
  • Damage resulting from construction, demolition or zoning by law enforcement;
  • Damage from water and any nuclear hazards;
  • Intentional property damage; and/or
  • Sinkholes.

However, some of these types of property damage may be covered for additional premium payments.

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Types of Property Damage Claims in Florida

Some of the most common types of property damage claims that are usually covered by insurance in Florida can include the following:

Water damage often occurs as a result of flooding, hurricanes or backed up sewage. This type of damage can ultimately result in mold or mildew claims and usually causes damage by rotting wood, causing steel to rust, and damaging many other types of materials found in personal property or homes. Insurance policies may or may not cover this type of damage.

Hurricane damage claims often arise from real or personal property damage after a hurricane occurs. Hurricane damage can result from windstorm damage, flood damage, water damage and mold or mildew damage. Florida requires insurance companies to provide individuals who purchase residential property insurance with windstorm insurance.

Sinkhole claims often occur when a part of land created by soil, rock or sediment dissolves from groundwater, and ultimately collapses into itself. Claims arise when there has been structural damage to a building or the foundation of a building caused by the sinkhole.

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Insurance Company Refusals to Pay Claims

If your insurance company has refused to pay for your property damages for any of the reasons listed below, it is important to hire an experienced property damages lawyer. The insurance company may be denying your claim or refusing to pay your claim in bad faith.

  • Non-disclosure – Your insurance company may assert you did not disclose certain information when you applied for the policy or renewed your policy that applied to the claim, and therefore refused to pay your property insurance claim.
  • Failure to follow a condition – Your insurance may say you failed to comply with certain requirements of your insurance policy, and as a result are denying your claim.
  • Coverage not supplied by policy – Your insurance company may assert your policy did not cover the type of damage your property suffered, and therefore, are refusing to now pay your claim.
  • Fraud – Your insurance company may assert you acted in a fraudulent way or your claim was fraudulent, and are now denying payment of your property insurance claim.
  • Policy cancellation – Your insurance company may have canceled your policy and are now refusing to pay you benefits for your property damages.

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Statute of Limitations for Property Damage Claims

If an individual wants to file a claim against their insurance provider because the company is taking too long to resolve the claim, the value of the damages is disputed, or for any other reason, the statute of limitations for property damage claims is generally five years, according to Fla. Stat. § 95.11. A statute of limitations is the maximum amount of time that a legal action can be filed.

New Florida legislation, enacted in May 2011, reduced the statute of limitations for filing windstorm and hurricane property damage claims against insurance companies from five years to three years. The new law also allows insurance companies to hold back payments for home damage until the repairs have been made.

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Tampa Property Damage Claims Resources

Florida Office of Insurance Regulation – The Florida Office of Insurance Regulation serves the state’s citizens by regulating and enforcing statutes related to the insurance business in Florida.

Florida Statutes Online – This website provides links to Title XXXVII of the Florida Statutes, entitled “Insurance,” which contains the state’s rules insurance companies must follow, definitions of certain insurance terms, and other provisions regarding rates, statutes of limitations and insurance contracts.

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Germain Law Group, P.A. | Property Damage Claim Attorney in Tampa

Contact Germain Law Group, P.A. today for a consultation about your property damage claim in Hillsborough, Pasco, Pinellas, Polk, Hernando, Sumter, and Citrus Counties.

Michael B. Germain is an experienced insurance attorney in Tampa who will listen to the facts of your situation and help you determine the best recourse in pursuing your property damage claim. Contact Germain Law Group, P.A. at (813) 835-8888 or submit an online form for a confidential consultation.