Prior storm - New Damage? Do you know what to do?

What happens when an insured’s home has existing claim damage from a prior storm and a new storm occurs causing more damage, while the claim is still pending? 

Hurricane season has commenced in South Florida

In light of the global pandemic, this is an otherwise uncertain time for all of us; on a level the likes of which, we really have never seen before. Notwithstanding, there are portions of the Country that could very likely additionally be forced to contend with potentially destructive hurricanes in the near future, on top of dealing with existing concerns regarding COVID-19 and economic recovery.

Should these kinds of hurricanes or strong windstorms occur, causing corresponding damage to your home, there are resources in the form of qualified attorneys (i.e. lawyers at Kowzan Law) and claims professionals such as public adjusters who are prepared and ready to assist in alleviating much of the understandable stress and confusion, that oftentimes happens after a major loss.

One issue we have recently received numerous questions and is worth further exploration, on is: what happens if we have an existing open claim that has not yet been resolved by the insurance company and a new storm comes through causing further damage?

Let us consider the following common scenario

• a homeowner may have existing damage to their roof and corresponding interior water damages associated with Hurricane Irma, which made landfall in South Florida on or about September 10, 2017;
  
  
• the insured has already reported the claim and received a less than desirable, yet far too common, disadvantageous coverage determination after a far from diligent investigation/adjustment of the loss by the carrier;
  
  
• this has resulted in either ongoing work being done on the claim-which means it remains open without fair payment; or,
  
  
• litigation has been initiated by the insured to challenge the insurance company’s decision-and again, the claim remains open without proper compensation being paid for repairs;
  
  
• then, the home sustains further, more recent damage caused by a currently occurring hurricane or windstorm, making the otherwise damaged roof and water-damaged home worse.
  
  

Now, the question is: how do we ensure we are being fairly compensated for the cost of repairing all damages caused by covered losses under the insurance policy?

            First things first. It is important to take all reasonable measures to mitigate the damages caused by the first loss from Hurricane Irma. This means the proper installation of tarps on damaged roofs in order to prevent further damage. If possible, it is also important to make temporary repairs that reasonably address the damages and prevent the occurrence of more extensive issues; even while you are continuing to go through the claims process or litigation.

            If there is new damage caused by the more recent storm, that is not duplicative of the damages being claimed on the first loss, it should generally not be problematic to recover payment for a subsequent loss-assuming it is otherwise covered under the policy. This would require the initiation of a subsequent claim, inspection by the carrier, and adjustment of that loss.  

Hopefully, the carrier would acknowledge the claim and ultimately perform a fair investigation followed by a proper coverage determination in favor of the insured and furnishing of appropriate payment.

However, if the insurance company is not being fair or diligent in connection with the claim and is attempting to argue that the further damage is excluded as ongoing wear and tear, lack of maintenance or failure to mitigate damages caused by the first loss, there are available argument that can be advanced on behalf of an insured to overcome or at least challenge such a denial. 

The attorneys at Kowzan Law have frequently encountered these issues and succeeded in guiding clients through the claims process of properly documenting the respective claim damages, submitting necessary documents to the carrier and ultimately assisting insureds in connection with the initiation of litigation that challenges the improper actions and decisions of an insurance company when it refuses to follow the law or respect the rights of its policyholder.

We are proud to serve our clients on a contingency fee basis meaning we do not get paid unless and until you recover on the case/claim. Please call us today to discuss your policy, any existing claim, and any issues that may arise from new storms occurring during this 2020 hurricane season.