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Wind damage claims often arise from damage to a building or structure after the occurrence of a hurricane or tornado. Damage resulting from wind or windstorms can include roof damage, damage to trees and landscaping, and damage to siding or other structural damage.
If your insurance claim for wind or windstorm damage has been denied for an illegal reason, or you have a genuine property damage claim from wind or a hurricane, but your claim has been unfairly and unlawfully denied, it is important to hire an experienced property insurance lawyer in Tampa.
Contact the Germain Law Group at (813) 835-8888 for a consultation about your wind damage claim in Tampa, Florida. Attorney Michael B. Germain is knowledgeable in all areas of Florida’s insurance laws and is experienced in all aspects of wind and windstorm damage. Call the Germain Law Group today about your property damage claim or claim denial throughout the areas in Hillsborough County, Pinellas County, Brevard County and Manatee County, Florida.
Wind / Windstorm Damage Insurance in Florida
Florida law requires insurance companies to provide windstorm coverage if they are issuing a residential property insurance policy, as stated in Fla. Stat. § 627.712. In certain situations, an individual can opt out of this insurance. In those situations, the insured is required to write a statement in their own handwriting and signs the statement they are opting out of the coverage.
It is important to examine your insurance policy to see what is covered by your wind damage policy and determine if there are any coverage exclusions in your policy regarding the wind damage or limitations on the extent of wind damage.
Insurance policies can be very expensive, and many providers may require insured individuals to pay a deductible on the total damage from wind before they will pay for any coverage under the policy. Therefore, the insured may have to pay thousands of dollars before they are entitled to receive any financial relief. It is important to look at your policy and make sure your provider is not taking advantage of your vulnerability if you live in a high-risk area for wind damage and setting your deductible amount in bad faith.
Filing a Wind / Windstorm Damage Claim in Florida
When filing a claim under your wind damage policy, it is important to immediately call your property insurance attorney first to make sure you provide the correct and relevant information to your insurance provider. After consulting your attorney, you should then contact your property damage insurance company.
You may have different insurance providers for different types of insurance, so it is essential to initially contact the correct provider. Florida law provides for a statute of limitations when individuals file property damage claims, which means there is a limit on the length of time that can pass before an individual must file their claim. If they do not timely file their claim, it will be barred.
The statute of limitations in Florida for filing windstorm and hurricane property damage claims against insurance companies was recently changed from five years to three years. The new law also permits insurance companies to withhold policy coverage for any home damage until the repairs have been made. This means the insured is required to first pay for the damage before their insurance company will pay out any benefits.
It is also important to keep documentation of every conversation regarding the damage with your insurance provider and every receipt for repairs and costs associated with the damage. Individuals should also take photographs and videos of the initial damage and throughout the entire claims process. Your insurance company may dispute any of this information, so any documentation you keep can be used as evidence to help you recover for your damages.
You may be required to prevent any further damage from happening to your property after the initial wind damage has occurred. If any additional damage occurs that you could have prevented, your insurance company may deny your entire claim.
Denial of Wind / Windstorm Damage Claims in Tampa
Insurance companies will typically find some reason to deny a claim for damage that resulted from wind damage. These reasons can include the insurance premiums were not timely paid, the insured did not follow conditions set forth in the insurance policy, the insured did not disclose required information to the insurance provider, the claim was fraudulent, or the damage was excluded under a provision in the insurance policy.
According to Fla. Stat. § 627.7019, insurance companies in Florida are required to follow standardized claim reporting requirements after the occurrence of certain natural disasters, such as hurricanes. The statute requires insurance companies to permit grace periods for paying insurance premiums and provide temporary postponement of cancellations and nonrenewals following a natural disaster.
After your claim for wind or windstorm property damage has been denied, your insurance provider must give you notice of the denial that explains the specifically denied coverage with the specific reasons for the denial.
It is important to hire an experienced insurance attorney if your wind damage claim was wrongfully denied or your insurance provider acted in bad faith. After your claim has been denied, your attorney will help you proceed with any necessary legal action against your insurance company.
Germain Law Group, P.A. | Wind Damage Attorney in Tampa
Contact the Germain Law Group today for a consultation about your property damage claim from wind or a windstorm in Hillsborough County, Pinellas County, Brevard County and Manatee County. Michael B. Germain is a knowledgeable insurance claim lawyer in Tampa who will listen to the facts of your situation and help you determine the best recourse in pursuing your windstorm damage 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.