Florida Wind and Rain Damage Claims Attorney
Dealing with wind and rain damage in Florida can be complicated, especially when it comes to filing insurance claims. This damage, often related to hurricanes, can damage your property and cause problems such as roof failures and window leaks. In severe cases, the damage can extend to other components of the building, making filing a claim a complex process. Additional living expenses and damaged contents also factor into these claims.
Sometimes wind damage is not immediately visible and may only become apparent during heavy rain. In places like Florida, where rain is sporadic and tends to occur seasonally, the discovery of wind damage could be delayed until heavy rain exposes the problems.
Late notification of an insurance claim can potentially give insurers a reason to deny a claim, but in Florida, the law requires insurers to prove “substantial harm” from the delayed notice. Therefore, late notification alone is usually not enough to deny a wind and rain damage claim. However, these claims often raise coverage challenges related to policy exclusions and coverage provisions.
The determination of coverage often depends on the efficient proximate cause of the loss. This means that if the root cause is a covered event, even if an excluded cause contributes, the loss is generally covered. While some insurers attempt to circumvent this rule to deny claims, such efforts are invalid under Florida law.
Common exclusions involve damage caused by flooding or surface water, which insurers may argue apply. However, the wind is usually covered, so wind-driven rain should also be covered. If there is evidence that rain, driven by wind, hits the structure at an angle, the argument for coverage is strengthened.
Like other property claims, disputes may arise over the scope and cost of repairs, even if coverage issues are resolved. Insurers often prefer minimal repairs at a lower cost, while homeowners may seek more comprehensive repairs with sufficient funds to do them right. Disagreements over repairs can hinder informal resolution, even when coverage is not the main obstacle.
For those who cannot live on their property, keeping records of additional living expenses is essential. This includes rent, utilities, parking, and other expenses not incurred before the loss. Although additional coverage for living expenses is generally limited to 12 months, arguments may be made for extensions if payments were inadequate or if delays in repairs affected the move.
If you are having trouble obtaining enough coverage for wind and rain damage in Florida, contact 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 is no obligation.