Insurance Dispute Attorneys in Florida
Strong representation for policyholders in the Gulf Coast, the Panhandle, and surrounding areas
Experience matters. At the top of the list of what matters when negotiating and litigating insurance disputes is understanding the mindset of insurance claims adjusters, and understanding the arguments they make. That is why Florida policyholders call Warhurst Law when their claims have been delayed or denied. Since 1995, Gene Warhurst and his team have been protecting homeowners, business owners, and non-profit organizations from unscrupulous insurance policies. If you have suffered a loss, call the law firm other lawyers call for help.
Insurance basics: what kind of insurance policy do you have?
The insurance policy you have will determine the type of claim you can make. Generally speaking, there are two “main” types of insurance policies for structural damage for residential properties:
- All-risk (also called all peril) insurance. This policy type covers every type of damage and natural disaster unless it is specifically excluded.
- Named peril insurance. This covers only risks that are specifically named. It is generally the less expensive policy, but it doesn’t give you as much coverage.
Every policy will have some kind of deductible – the costs you pay before the insurance company honors your claim. In Florida, many policies have hurricane deductibles, which forces insureds to pay more for hurricane damage (or other named storms). Some policyholders will purchase additional insurance, such as Wind & Hail, to help offset these deductibles, but that adds to the overall cost of the plan.
Commercial properties, non-profits, and churches have additional considerations. On top of these policies, they also need to protect their businesses. Aside from general liability, commercial and non-profit policyholders should have coverage for:
- Business interruption
- Loss of inventory
- Equipment failure
- Loss of technology (including software and hardware systems)
- Destruction of property
Aggressive representation of Florida policyholders after a loss
Every homeowner, business owner, and non-profit in Florida needs to plan for the worst. The best starting point is the insurance policy, but that doesn’t mean that the insurance company will treat you fairly. Warhurst Law has years of experience helping Florida policyholders with their claims after a natural or man-made disaster strikes. Call us if your claim has been denied or delayed after a:
Florida’s supplemental claims rule
Typically, a property owner has one year to file an insurance claim. But Florida has a special rule for claims that are denied. Basically, if you submit your claim and the insurance companies denies it, you can actually file a breach of contract lawsuit against the insurance company – and the statute of limitations on that is 5 years from the date of the loss.
Florida also allows you to reopen claims if you have additional damage. You get an additional 3 years for a supplemental claim for losses during windstorms and/or hurricanes:
627.70132 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. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.
If you were already paid out for your claim, but you have additional damages, you may be eligible for a larger compensation package. Warhurst Law has been very successful in obtaining additional compensation under Florida’s laws for supplemental claims, often securing millions of dollars for businesses and churches, and hundreds of thousands for individuals and residential claims.
About Hurricane Michael
Hurricane Michael was the most recent natural disaster in Florida, striking the Florida Panhandle in October 2018. Michael was a Category 5 hurricane – the first to hit the contiguous US states since Hurricane Andrew. Nearly 60 Americans were killed. The economic damages were record-breaking.
Claimants may still have time to file claims with the insurance companies. Our skilled insurance dispute lawyers are ready to help verify your right to file a claim and to help you properly document and claim all your damages.