April, May, and June are peak tornado months. The tornadoes during these months are also generally more intense than for other months. The risk of property and business damage to tornadoes during the spring should be a concern throughout Alabama, Florida, and Louisiana. If tornadoes do strike, home and business owners need experienced insurance lawyers on their side. The best insurance lawyers are attorneys who have extensive experience, and understand how insurance works from multiple points of view. For example, Gene Warhurst started his career as a claims adjuster before practicing law on behalf of policyholders. This balanced experience helps cut through red tape, helps process claims faster, and helps ensure that insurance companies pay everything that you bargained for.
Property owners need to make repairs to their building as quickly as possible. They need a place to live or work while repairs are being made. Many property-related bills such as utility bills and employee expenses need to be paid while the repairs are being made. Businesses need to be compensated for their business interruption losses. Many other insurance compensation issues need to be addressed.
Causation based on substantial risk
This insurance principle comes into play when an insurance policy only covers one peril – but two perils contributed to the loss. Here, the entire loss is covered if the peril that was included in the policy is the “substantial factor’ in the loss.
Sometimes only part of your property is damaged. You want the repaired part to seamlessly fit into/look like the part that wasn’t damaged. Property owners are entitled to have the contractors use materials that have a “reasonably uniform appearance.” If there aren’t suitable matching materials, then both parts (the damaged and undamaged parts) can be replaced – unless there’s a policy exclusion.
Depreciation of labor
Insurance companies will try to depreciate the cost of materials and labor when figuring out how much to pay homeowners and other property owners for repairs. Experienced insurance lawyers should claim the Actual Cash Value and not depreciated value – unless there’s a policy exclusion or contrary law.
Actual Cash Value (which should include overhead and profit)
We seek payment for the cost of overhead and profit (O&P) when figuring a general contractor’s charges – instead of depreciating the overhead and profit. We object to O&P depreciation – even if the claimant chooses not to make repairs or to do the repair work themselves.
Whether these factors apply or are controlling may vary from state to state. Insurance companies often rely on software like Xactimate to determine what insurance proceeds to issue. Our experienced Florida and Alabama tornado insurance lawyers understand how Xactimate works and why it may be giving you a lower payout than you deserve.
At Warhurst Law, our insurance dispute lawyers in Alabama, Florida, and Louisiana have a unique understanding of the insurance claims process based on our dual experience as insurance lawyers and claims adjusters. We understand the tricks and strategies insurance adjusters try to use to reduce the amount of your claim or to deny your claim. We’re ready to argue that there are strong counters to these tricks and strategies. To speak with highly respected Florida, Alabama, and Louisiana insurance lawyers; call Warhurst Law at or use our to make an appointment.
* Warhurst Law cannot and does not guarantee an outcome to any case.