Florida Wind and Rain Claims Attorney

Dealing with wind and rain damage in Florida can be tricky, especially when it comes to making insurance claims. These damages, often linked to hurricanes, can harm your property, causing issues like roof failure and window leaks. In severe cases, the damage can extend to other building components, making it a complex process to file a claim. Additional living expenses and damaged contents also play a role in these claims.

The straggles of Storm Damages

When the tempest strikes, the impact on your property can be overwhelming. At Leon Insurance Attorneys, we specialize in storm damage claims, providing comprehensive support to navigate the complexities and secure the compensation you rightfully deserve.

Sometimes, wind damage isn’t immediately visible, and it may only become apparent during heavy rain. In places like Florida, where rain is sporadic and tends to occur seasonally, discovering wind damage might be delayed until heavy rain exposes the issues.

Late reporting of an insurance claim can potentially give insurers a reason to deny a claim, but in Florida, the law demands insurers to show “substantial prejudice” from the delayed notice. Thus, late reporting alone is usually not enough to deny a wind and rain damage claim. However, these claims often bring up coverage challenges related to policy exclusions and coverage provisions.
Determining coverage often hinges on the efficient proximate cause of the loss. This means that if the primary cause is a covered event, even if an excluded cause contributes, the loss is typically covered. While some insurers attempt to circumvent this standard to deny claims, such efforts are not valid under Florida law.

Common exclusions involve water damage from flood or surface water, which insurers may argue apply. However, wind is usually covered, so wind-driven rain should also fall under coverage. If there is evidence that the rain, driven by the wind, is hitting the structure at an angle, the argument for coverage strengthens.
Like other property claims, disputes can arise over the scope and cost of repairs, even if coverage issues are resolved. Insurers often prefer minimal repairs at a lower cost, while property owners may seek more comprehensive repairs with sufficient funds to do it right. Disagreements on repairs can hinder informal resolution, even when coverage is not the main obstacle.

For those unable to live in their property, keeping records of additional living expenses is crucial. This includes rent, utilities, parking, and other expenses not incurred before the loss. Although additional living expense coverage usually has a 12-month limit, arguments can be made for extensions if payments were inadequate or repair delays affected the move-in.

If you’re facing issues obtaining sufficient coverage for wind and rain damage in Florida, reach out to us for a consultation. Contact our Florida Wind and Rain Claims Attorney at Leon Insurance Attorneys by calling (305) 300-2839, or use the contact form on this page. The consultation is free, and there’s no obligation.