Every year in Florida, tens of thousands of property damage claims are filed by homeowners and business owners. The state of Florida is prone to many types of weather, including thunderstorms, hailstorms, tropical storms, and hurricanes.
Why Would Florida Peninsula Insurance Deny Your Claim?
Many residents of Florida believe their homeowner’s insurance company will cover damage caused by a storm, fire, or other type of damage. It can therefore be very frustrating and upsetting to find out your insurance claim has been denied.
Your insurance paperwork will have a section titled “exclusions” that will list what is and is not covered by your insurance company.
Other reasons Florida Peninsula Insurance might deny your claim include the following:
- You have not reached your deductible.
- The insurance company found the damage to be caused by normal wear and tear.
- It was determined there was improper mitigation where possible.
- You might be behind on your premium payments.
- You failed to turn in your paperwork on time, or it was incomplete.
- There may be an open dispute over liability or fault.
It is important for policyholders to understand that your insurance provider must give you a valid reason for denying your claim. Failing to do so leaves your insurance carrier open to dispute or legal action.
How Insurance Companies Have Been Impacted by 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 came pouring in for insurance companies all over Florida. Damage caused by Milton impacted both residential and business properties.
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.
If you believe your insurance company has been acting illegally with your Hurricane Milton claim, you need to contact the dedicated attorneys of Florin|Roebig today. During a free consultation, your Florin|Roebig attorney will give you advice on how to handle your insurance claim.
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Understanding Your Rights as a Florida Home or Property Owner
Due to the many different types of damaging weather patterns that the state of Florida experiences, many insurance companies have resorted to bad faith and illegal tactics. Insurance companies may underpay or deny rightful claims in order to save money.
The Florida state legislature has taken steps to protect homeowners from these unscrupulous business tactics. They passed a series of laws called The Homeowners Bill of Rights which outlines what homeowners are entitled to.
One of these rights is the ability to file a complaint against your insurance company if they are not fulfilling their end of the contract.
In order to file a complaint, policyholders should contact the Florida Division of Consumer Services; this department is responsible for complaints in the insurance industry.
What to Do if Your Florida Peninsula Insurance Company Hurricane Damage Claim Is Denied
In the wake of Hurricane Milton, many policyholders found that their homeowner’s insurance policy did not cover flood damage, only wind and water damage. However, many insurance companies also started to deny valid claims.
If you believe that your insurance company has denied your claim wrongfully, you have options.
1. Request an Insurance Claim Review
The first step you should take is to contact your insurance company and ask for an official review. Your request may be passed to a new insurance agent who may need more information from you, including your policy number, contact information, and proof of damage.
If your insurance claim is a time-sensitive case, your insurance company is required by law in the state of Florida to speed up the claims process. Failing to do so can leave your insurance company open to a dispute and legal action.
2. Reach out to HHS for an External Review
If your insurance provider denies your request or their second review does not lead to a reversal of their decision, you need to escalate your request.
You can do this by contacting the Department of Health and Human Services (HHS), which handles complaints against insurance companies.
To file a request for an external review with the HHS, you can contact their helpline at (800) 866-6205. It is important to complete and return your paperwork as soon as possible due to the time restrictions for filing.
3. Start a Bad-Faith Insurance Lawsuit
The state of Florida has made it a law that insurance companies must do everything they can to ensure that policyholders get the correct payouts required by their policies. However, when insurance companies get overwhelmed, they often begin to act in bad faith.
These bad faith tactics include offering extremely low payouts that are not enough to cover replacement costs or wrongfully denying valid claims altogether.
If you are experiencing this with your insurance company, contact the experienced insurance claims attorneys at Florin|Roebig.
Your insurance attorney may suggest that you go after your insurance company for a bad-faith breach of contract, which can result in added compensation for you if you win your case.
What to Do if Florida Peninsula Insurance Underpays Your Claim
Many homeowners have found themselves in a very frustrating position where their insurance company has accepted their claim, but they sent a check for much less than what is needed.
If you are in this situation, you are going to need an exceptional insurance attorney from Florin|Roebig.
1. Contact Your Insurance Adjuster and Ask for a Second Review
First, contact your insurance adjuster and ask for a second review. When you first file a new claim, your insurance company sends an adjuster to investigate the damage in person. They will make an estimate of what your reimbursement for your damage should be.
Sometimes the adjuster makes a judgment error or an error in their calculations. If your insurance carrier does grant your request for a second review, it does not necessarily mean they will reverse the decision. You should be prepared to escalate your complaint.
2. Call the Florida Office of Insurance Regulation
In the event that your insurance provider refuses to give your insurance claim underpayment a second review or they still will not reverse their decision, you need to escalate your complaint. In order to do this, contact the Florida Office of Insurance Regulation at (877) 693-5236.
The Florida Office of Insurance Regulation will look into your complaint and determine if it is valid.
If they deem it valid, they will mediate on your behalf with your insurance company. If they are unsuccessful, they may suggest that you seek legal counsel from an insurance attorney.
3. Hire a Florida Insurance Claims Attorney
If the Florida Office of Insurance Regulation is unable to come to an agreement with your insurance provider, you need to seek out a Florida insurance claims attorney.
Florin|Roebig has insurance attorneys ready and willing to evaluate your claims case during a free consultation.
You may be encouraged to file a bad faith breach of contract lawsuit against your insurance carrier for underpaying your insurance claim and not following through on your policy’s guarantees. If your case gets this far, it is usually settled by a summary judgment by the court.
Benefits of Hiring a Florida Insurance Claims Attorney
If you or a loved one are going through the complaint process for an underpaid or wrongfully denied property insurance claim, you may be in need of an insurance claims attorney.
Insurance attorneys come with many benefits, including not having to worry about your attorney fees unless you have won the case; this is commonly known as a contingency fee.
More benefits of hiring a Florida insurance claims attorney can include the following:
- Florida insurance attorneys are very knowledgeable about personal and business property insurance laws.
- Insurance lawyers are attuned to the filing deadlines for claims cases.
- They value and prioritize the attorney-client relationship.
- Your attorney will have access to prior disputes against your insurance company.
- Insurance attorneys are very comfortable and experienced working with insurance companies.
If your insurance company is acting in unethical or illegal ways, you need to hire an attorney who knows all of their tricks and money-saving tactics. Contact the lawyers of Florin|Roebig for a free case evaluation.
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Find Help for a Denied or Underpaid Property Damage Insurance Claim in Florida
Hurricane Milton was devastating for Florida homeowners; the flood damage left many homes uninhabitable. Then, the insurance companies started to issue underpayments and wrongfully deny home insurance claims. If you are stuck in this process, you need the attorneys of Florin|Roebig.
For nearly 40 years, the dedicated and experienced attorneys of Florin|Roebig have been fighting for underpaid and denied claims for our clients. We have succeeded in getting our clients a combined $1 billion in case awards.
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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