Tens of thousands of property damage claims are filed in Florida every year due to tropical storms, fires, floods, hurricanes, and other natural disasters. When a significant event occurs, such as Hurricane Milton, the Florida insurance industry becomes overwhelmed with claims.
Why Would Homeowners Choice Property & Casualty Insurance Deny Your Claim?
Homeowners Choice Property & Casualty has policies that cover many different types of damage that can occur to a home, such as Hurricane Milton’s flood damage. The possibility remains, however, that your property damage claim might be denied.
Some of the reasons your claim might be denied include the following:
- Your damage may not be a covered loss under your homeowner’s insurance policy.
- You may not have reached your deductible.
- You may have an open dispute over liability or fault.
- You may not have provided enough proof of damage.
- You may have filed your paperwork late or incomplete.
- It may be deemed there was improper mitigation.
It is crucial that policyholders know it is illegal for insurance companies to deny your claim without a valid reason. If they fail to provide a valid reason, policyholders can open a dispute or even take legal action.
Insurance Companies & 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.
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What Are Your Rights as a Florida Property or Homeowner?
The Florida state legislature passed a series of laws called The Homeowner’s Bill of Rights to protect Floridian policyholders from unscrupulous insurance companies. One of these rights is stipulating the time frame in which your claim is processed.
The Department of Financial Services has a branch that handles complaints against property and home insurance companies called The Florida Division of Consumer Services. You should consider filing a complaint if you believe your insurance provider is acting in bad faith.
For example, if your insurance company fails to provide the insurance coverage that your insurance policy states it provides, you should file a complaint. If you do file a complaint, your insurance company has 20 days to respond to it.
If the claims appeal process seems daunting or confusing, hiring an insurance attorney from Florin|Roebig can help make this process easier to navigate.
What to Do if Your Homeowners Choice Property & Casualty Insurance Company Hurricane Damage Claim Is Denied
It can be understandably frustrating to go through the confusing and frustrating claims process only to have your insurance company wrongfully deny your claim. Denying claims without a valid reason is a common tactic used by insurance companies in order to save money.
If your company has denied your Hurricane Milton or Hurricane Helene claim without giving a valid reason, there are steps you can take that may get your denial reversed.
1. Get an Insurance Claim Review
The first step you should take when your insurance claim is denied is to contact your insurance agent or representative and ask them to review your claims case. They may require more proof of loss, including a third-party opinion from a public adjuster.
If your claim is time-sensitive, such as needing the money to cover your living expenses if there is a loss of use of your home, your insurance carrier is required to expedite the claims process.
2. Ask for an External Review with HHS
If your insurance company fails to grant your request for a review of your initial claim, you can escalate your complaint by calling the US Department of Health and Human Services. You can call their helpline at (800) 866-6205 and speak with an agent about your claims case.
The agent will send you a form that needs to be completed and returned as quickly as possible due to the time limit for requesting an external review.
Policyholders have 60 days from the date on the rejection letter to file this request; otherwise, you risk losing your opportunity for a review.
3. File an Insurance Lawsuit Against Homeowners Choice
It is Florida law that all insurance companies must make a good-faith attempt to settle their claims cases to the fullest extent possible. However, this can cost an insurance company a lot of money if a natural disaster occurs and their policyholders all file claims at once.
If Homeowners Choice Property & Casualty Insurance Company, Inc. has wrongfully denied your insurance claim, contact Florin|Roebig. We will review your claims case and may recommend you take legal action against them for a bad-faith breach of contract.
What to Do if Homeowners Choice Property & Casualty Insurance Underpays Your Claim
If you have filed a Hurricane Milton damage claim with your insurance company and they have sent you a claim settlement for less than your repair estimate, you have options. It can be very upsetting, but you do not have to settle for their low payment.
1. Contact Your Insurance Adjuster for a Secondary Review
You need to contact your insurance carrier and ask to speak to the adjuster who evaluated your business or personal property damage. You need to officially file a request for a second review as quickly as possible.
Mistakes can be made when evaluating damage and determining the replacement cost, so they may grant a second review. However, even if they do, it does not mean that your low payout will be reversed. Policyholders should be prepared to escalate their complaints if necessary.
2. Call the Florida Office of Insurance Regulation
If your second review fails to yield the desired outcome, you still have options. You can take your complaint a step up by contacting the Florida Office of Insurance Regulation at (877) 693-5236. They will take a look at your property insurance claim and determine if it is valid.
If your case has merit, they will contact your insurance provider themselves and try to mediate the case for you. However, if they are unsuccessful in reasoning with your insurance carrier, they may advise you to seek the assistance of an insurance claims attorney.
3. Reach Out to a Florida Insurance Claims Attorney
In the event that the Florida Office of Insurance Regulation is unable to reach a settlement offer that is reasonably able to cover your property loss expenses, you will need an insurance lawyer. They understand the laws surrounding insurance breach of contract and bad faith lawsuits.
The insurance attorneys of Florin|Roebig have trial court experience against insurance companies who tried to get out of fulfilling their policy coverage. If your claims case gets this far, it is usually settled through a summary judgment from the court.
What Are The Benefits of Hiring a Florida Insurance Claims Attorney?
Hurricane Milton brought not only widespread destruction to homes and businesses but also a massive influx of insurance damage claims due to the flooding, water, and wind damage. Many of these claims have been underpaid or wrongfully denied by insurance providers.
Hiring a Florida insurance claims attorney can be very beneficial during the claims process, but making sure your insurance company follows through with their contracted policy fulfillment.
More benefits of hiring a claims attorney in Florida include the following:
- Insurance attorneys are hyper-aware of important filing deadlines.
- They have access to other cases against Homeowners Choice Property & Casualty Insurance Company.
- They know the ins and outs of Florida laws regarding business and residential property claims.
- They value the attorney-client privilege and often work on a contingency fee basis.
If you believe that your insurance claim was denied or underpaid without valid reasoning, you need to contact the Law Offices of Florin|Roebig today for a free consultation about your case.
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Find Help for a Denied or Underpaid Property Damage Insurance Claim in Florida
If you or someone you love have had damage to your home or business caused by Hurricane Milton, the devastation can be overwhelming. You should not have to also deal with unscrupulous insurance companies reducing or denying your claim without giving a valid reason.
The Law Offices of Florin|Roebig have been fighting for unpaid or underpaid claims by insurance companies for almost four decades. To date, we have won a collective $1 billion in awards from the court for our clients.
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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