As we sit here today, the usually humid and hot south Florida climate added to almost daily deluges brought by recent thunderstorms and associated flooding.

This can mean only one thing…Hurricane Season, which officially kicks off in Florida on June 1, is quickly approaching. 

Each year, hurricane season begins on June 1 and continues for the next 5 months, with the worst of the storms usually peaking in August and September. According to current predictions, this could be a, “slightly above-average 2020 Atlantic hurricane season.” But, 15 named storms have also been predicted, based upon examination of near-average trade winds and slightly warmer than normal sea surface temperatures.  

Florida Law governing the reporting of a hurricane or windstorm-related claims

According to Florida Statutes, 627.70132, “INSURANCE RATES AND CONTRACTS”:

Notice of windstorm or hurricane claim.—A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane, is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. 

What does this mean to the average insured? 

While unbeknownst to most policyholders, Florida Law generally requires an insured to provide notice of a windstorm or hurricane claim within 3 years after the hurricane first made landfall or the windstorm caused the damage. Notice is a key, usually contested issue in property insurance claims, that insureds should be aware of. It is important to provide timely or “prompt” notice of the loss to the carrier or an insured risks denial of the claim, on these threshold grounds. 

The idea to keep in mind here is prejudice and the question of whether the insurance company/its investigation of the loss was prejudiced by any delayed reporting by the insured. If litigation results, this can ultimately become a question for a jury to decide, i.e. whether the delay in reporting was reasonable or significantly prejudiced the carrier. 

All kinds of issues and questions arise from this nexus, i.e., “what happens if the storm damage is not initially apparent to us?” Is my claim doomed? Is it even worth making a claim, at this point? Great questions. Especially since this is a common and highly consequential issue that we are well-versed in handling here at Kowzan Law. 

As with anything else, it is important to start by reviewing the specific language of the policy to make sure no language would influence the general rules. Sometimes, policies have limited language that will be used to deny the claim if the damage is deemed to have existed for a certain time period; whether or not it was visible to or discoverable by the insured or not. This can be a very consequential and onerous clause indeed. 

In accordance with the foregoing statute, generally, an insured must report a hurricane or windstorm claim to its carrier within 3 years of the date the storm makes landfall or causes damage to the property. But, there is a useful legal principle called, “late” or “delayed discovery” that may prove beneficial to an insured who was not initially aware of the existence, or extent, of the wind/water-related Hurricane claim damage. 

Once the Hurricane claim related damage is discovered, the insured must report the occurrence of the loss to the insurance company, as timely and promptly as possible. That may be through a claim professional (public adjuster) or a policyholder attorney such those at Kowzan Law. 

This assistance can be invaluable to ensure the proper presentation of the claim, along with associated line item estimates and related reports that support the validity of the claim. This also may result in a greater likelihood that claims will be granted and fairly paid, in addition to mistakes being avoided in terms of what is said and provided to the insurance company. 

Unfortunately, insurance companies make their money on the repetitive and oftentimes systematic denial of claims; including hurricane claims-whether proper or not. As such, an insured is well advised to make sure its initial presentation of the claim is accurate and organized.  

The quality property insurance claim attorneys at Kowzan Law are ready to take your call; we are prepared to review your policy and assist with any hurricane claim-related issues and are proud to help our clients navigate them. 

We have successfully challenged property insurance companies on wrongfully denied hurricane claims and have fought successfully using arguments on issues involving late discovery and notice. No denial is too tough for us to fight; please allow us to tell you how. Contact us today for a free consultation by clicking HERE