Insurance companies, when overwhelmed with the number of insurance claims being filed after a hurricane, have been known to wrongfully deny claims or underpay claims in an effort to save money.
A Newsweek report, citing data from the Florida Office of Insurance Regulation (FLOIR), revealed that home insurers in Florida have denied tens of thousands of claims for damages from Hurricanes Helene and Milton. As of October 25, 19,068 out of 57,415 residential claims related to Hurricane Helene were closed without payment. Similarly, as of October 28, 27,834 out of 202,989 claims for Hurricane Milton damages were also closed without payment. In both cases, denied claims exceeded those closed with payment.
Why Would Citizens Property Insurance Deny Your Claim?
Citizens Property Insurance covers many types of damage, including wind and water damage caused by tropical storms and hurricanes. This insurance company, however, does not provide flood insurance. Therefore, flood damage cannot be covered. The Federal Flood Insurance Program generally covers water that rises from the ground up.
Some of the valid reasons your natural disaster and catastrophe claim could be denied include:
- Your homeowner’s insurance policy does not cover the particular type of damage
- Improper mitigation where applicable
- You may not have enough or adequate proof of damage
- You did not turn your paperwork in by the deadline
- You may have an open dispute over liability or fault
- Citizens Property Insurance may need more evidence of damage
- You have not met your deductible
Policyholders should understand that an insurance provider’s failure to provide a valid reason for denying your claim or denying your claim for an invalid reason is illegal and leaves the insurance company open to dispute.
What Are Your Rights as a Florida Home or Property Owner?
Homeowners and property owners in Florida are protected from dishonest and unscrupulous insurance companies by a set of rights outlined in the Homeowner’s Bill of Rights.
This Bill of Rights was created by the Florida Legislature, including the ability to define the time frame your insurance carrier’s claims process takes.
If you believe your insurance company may be acting fraudulently or in bad faith, you may need to file a complaint. Complaints against insurance companies can be filed with The Florida Division of Consumer Services.
Once you have filed a complaint against your insurance provider, they have 20 days to respond to the complaint. If you think your insurance company has acted in bad faith, you can contact the lawyers of Florin|Roebig and schedule a free consultation for an evaluation of your claims case.
Insurance Claims & Hurricane Milton
Hurricane Milton made landfall on Florida’s Gulf Coast on October 9, 2024, as a Category 3 storm with winds of 120 mph, storm surges of up to 13 feet, and over 18 inches of rain. Originally a Category 5 storm, Milton weakened to Category 3 before reaching the Siesta Key area and further diminished to Category 1 as it crossed the state. This powerful storm caused at least 24 fatalities and left 3.4 million residents without power.
Arriving just two weeks after Hurricane Helene hit Florida as a Category 4 storm on September 26, Milton worsened the devastation for Floridians in the early recovery stages. Many wind and water damage claims poured in for insurance companies all over Florida. Damage caused by Milton impacted both residential and business properties.
Citizens Property Insurance Corporation is the largest provider of property insurance in Florida, with more than one million insured Florida residents. With so many claims being filed at once, Florida insurance companies, including Citizens Property Insurance, have been known to underpay and deny claims that should have been approved and paid in full.
What to Do if Your Citizens Property Insurance Hurricane Damage Claim Is Denied
If you have had your Citizens Property Insurance hurricane damage claim denied, you may be understandably frustrated. A denied claim is not final, so there are steps you can take that may help turn your insurance claim denial into an approved claim.
1. Ask for an Insurance Claim Review
When your insurance claim is denied, you need to carefully review the reasons for the denial in the formal denial letter that your insurance agent will send you. If you can, gather more evidence that refutes their reasons for denial.
The next step is to ask for a formal insurance claim review. There is an appeals form on the Citizens Property Insurance website that you can download and fill out.
2. Request an External Review with HHS
Your next option is to contact the U.S. Department of Health and Human Services (HHS). If you feel your insurance company is continuing to deny your claim wrongfully, you may need an external review.
Florida statutes allow policyholders up to 60 days from the initial date of their rejection letter to file a request with HHS for an external review of their denied claim.
If you feel your company is denying your claim without reason, you can contact HHS at (800) 866-6205 to speak with an HHS representative about your case.
3. File a Hurricane Insurance Lawsuit
The Florida Law requires insurance companies to do everything they reasonably can to make a good-faith attempt to settle their Citizens policyholders’ claims.
Unfortunately, denying valid claims is a common money-saving tactic used by many insurance companies.
If you believe Citizens Property Insurance is wrongfully denying your hurricane damage claim, contact the experienced attorneys at the law offices of Florin|Roebig. Insurance companies can be in serious trouble for bad-faith insurance denials.
For instance, an insurance company in Florida is currently accused of facing multiple counts of fraud for denying rightful Hurricane Milton damage claims. Denying a policyholder insurance coverage for their claim is a punishable offense.
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What to Do if Citizens Property Insurance Underpays Your Claim
If you have filed a hurricane damage claim, you may be upset if the amount that Citizens Property Insurance pays is less than your repair and replacement costs. Insurance companies in the state of Florida are known for underpaying hurricane and windstorm damage claims.
If Citizens Property Insurance has underpaid your damage claim, you have options. The following are steps you can take to make your insurance company pay what your insurance claim is really worth.
1. Contact Your Insurance Adjuster and Ask for a Second Review
If your claim is underpaid, the first person you need to speak with is the adjuster. The insurance adjuster may require more proof of damage, such as photos and receipts for repairs and replacements and a quote from a public adjuster.
Even if your insurance company does decide to reevaluate your claim, this does not mean that they will automatically reverse the underpayment and issue a full payment for your claim. You may need to consider escalating your complaint.
2. File a Complaint With the Florida Office of Insurance Regulation
Suppose your request for a second look at your Hurricane Milton damage claim was denied or reviewed, and no changes were made. In that case, you need to contact the Florida Office of Insurance Regulation at (877) 693-5236 and file a formal complaint against your insurance company.
If they feel that your insurance company has wrongfully underpaid your claim, they will contact your public or private insurance company themselves and try to resolve the complaint.
If they cannot resolve the issue with remediation, they may recommend that you seek legal advice from an insurance claims attorney.
3. Contact a Florida Insurance Claims Attorney
If the Florida Office of Insurance Regulation has been unsuccessful in resolving the dispute, your next course of action is to contact a Florin|Roebig Florida insurance claims attorney. The Law Offices of Florin|Roebig has helped clients nationwide with their insurance claims.
If your homeowner’s insurance policy shows there should be coverage for the type of damage sustained by your home due to a hurricane, your insurance attorney may recommend going after your insurance company for breach of contract.
This stage is generally the last resort for insurance claims disputes, and a summary judgment from the court often settles these types of claims complaints.
Benefits of Hiring a Florida Insurance Claims Attorney
If you are less than impressed with Citizens’ claims handling and have had your claim severely underpaid or even denied altogether, you may want to consider hiring a Florida insurance claims attorney.
A significant benefit of hiring an experienced insurance attorney is minimizing the stress of the claims process.
More benefits of hiring a Florida insurance claims attorney can include the following:
- Insurance attorneys are very aware of filing deadlines.
- Many benefits come with the safety of the attorney-client relationship.
- Your attorney will have access to other cases filed against your insurance company.
- Your insurance attorney will have experience dealing with insurance companies that you may not have.
- Many Florida insurance attorneys work on a contingency fee basis, which means no attorneys fees if you do not win your case.
- Florida insurance attorneys have intricate knowledge of laws regarding residential property claims.
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Get Help for a Denied or Underpaid Property Damage Insurance Claim in Florida
You may think that handling your insurance company on your own is an easier route. However, Florin|Roebig insurance attorneys can have you back into your regular routine quickly and without any added stress for you.
The attorneys of Florin|Roebig have been successfully fighting for their client’s underpaid and denied insurance claims for almost forty years! Florin|Roebig has successfully won over $1 billion in case awards for their clients, and they are ready to fight your claim, too.
If you believe your insurance company is wrongfully denying or underpaying your Hurricane Milton claim, contact Florin|Roebig today to learn more about our services or to schedule your free consultation.
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