The state of Florida sees tens of thousands of property owners and homeowners insurance claims every year due to natural disasters such as Hurricane Ian, tropical storms, thunderstorms, hail, fires, and more. With so many claims being filed, insurance companies may become overwhelmed.
An overwhelmed home insurance company may begin to act in bad faith, including denying rightful claims or only issuing a portion of a payout, then closing the claim. Property and homeowners need to know that this is illegal.
Why Would Universal Property and Casualty Insurance Deny Your Claim?
Universal Property and Casualty Insurance Company policies cover many types of accidents and damage that may occur to your home. However, when you file a claim for damage to your home, there is the possibility your claim could be denied.
Reasons your claim may be denied can include the following:
- More evidence of damage and loss may be needed
- Having a dispute over fault or liability
- The limits of your policy may not cover your damage
- Incomplete paperwork
- Filing your claims paperwork after the deadline
- Not having adequate proof of the damage
- Improper mitigation where possible
- The damage does not fall under your policy provisions
Policyholders should know that failure to provide a valid reason, or denying your claim for an invalid reason, is illegal, which can lead to a claim dispute. If you think your Hurricane Ian damage claim has been wrongfully denied, contact the insurance attorneys at Florin|Roebig.
Insurance Companies & Hurricane Ian
Hurricane Ian caused widespread damage to areas throughout the state of Florida in September 2022. In the months that followed, Florida homeowners and business owners filed thousands of insurance claims, seeking payouts for the damages caused by the storm.
Insurance companies in Florida, like Universal Property and Casualty Insurance, were inundated with claims. In fact, Universal Property and Casualty Insurance alone expects its total losses resulting from Ian to amount to $1 billion, with a total of $3 billion in reinsurance coverage.
Being so overwhelmed with claims may prompt insurance companies to do whatever they can to pay out as little to policyholders for each claim as possible.
Your Rights as a Florida Home or Property Owner
In Florida, homeowners and property owners have rights that protect them from dishonest insurance companies. These rights are outlined in the Homeowner’s Bill of Rights, such as stipulating the time frame of claims processing by your insurance company.
The Florida Division of Consumer Services is a part of the larger Department of Financial Services and is responsible for handling complaints against insurance companies. If you feel your insurance company is being fraudulent or acting in bad faith, you may file a complaint.
For example, if you made an insurance claim to cover home or property damage wrought by Hurricane Ian and the company denied your claim or underpaid it, you can report the company.
Once you have filed a complaint against your insurance company, they have 20 days to respond to it. Your Florin|Roebig attorney can help you navigate the complaint-filing process.
What to Do if Your Universal Property and Casualty Insurance Company Hurricane Damage Claim Is Denied
If your insurance company denies your property damage claim, you may be frustrated and overwhelmed. However, there are steps you can take if you believe your claim was denied wrongfully or if your insurance company fails to offer fair compensation for your property damage.
1. Ask for an Insurance Claim Review
If your insurance claim is denied, you can file a formal request for a review of the denial. Your insurance provider will likely hand the case to an insurance agent or a representative of the insurance company, who may contact you for more information.
In the event that your claim is time-sensitive or an emergency, your insurance company is legally required to process your request for a review quickly.
2. Request an External Review with HHS
If your insurance company fails to reverse its denial or reimburse you adequately for your property damage, you can contact the U.S. Department of Health and Human Services (HHS) at (800) 866-6205. The HHS will send you a form that you will need to fill out and return to them.
It is important to understand there is a time frame for filing this request. Florida statutes state that policyholders have 60 days from the date of the letter of denial to request an external review from the HHS. If you miss this deadline, your appeal could be denied.
3. File a Bad-Faith Insurance Lawsuit
Insurance companies in Florida are required to attempt to make a good-faith attempt to settle your insurance claim. However, insurance companies sometimes deny valid claims in order to avoid having to provide compensation — a money-saving tactic.
If you believe Universal Property and Casualty Insurance is acting in bad faith, contact Florin|Roebig to file a bad-faith insurance lawsuit. This could result in an appellant receiving not only a reversal of the denied claim but also extra compensation in order to discipline your insurance company.
Our Featured Case Results
What to Do if Universal Property and Casualty Insurance Underpays Your Claim
If you have filed a Hurricane Ian insurance claim, and it is accepted but the payout is lower than what is required to cover the cost to repair or place your damaged property, you have options.
You may need to have more proof of the damage and be prepared to gradually escalate your dispute, if necessary.
1. Contact Your Insurance Adjuster and Ask for a Second Review
The first step is to contact your insurance adjuster and ask for them to reevaluate your claim. You may need to give them more photos, an estimate by a public adjuster, or other proof of loss when you ask them to take a second look.
It is possible that mistakes could have been made during the examination of the proof of loss for your insurance claim. If this is the case, your insurance company may adjust their compensation for your claim or reverse your denial.
If they decide to take another look at your property insurance claim, it does not necessarily mean they will change their decision. If they still do not meet your needed compensation or they deny your claim, you may need to consider escalating your dispute.
2. File a Complaint With the Florida Office of Insurance Regulation
If you have requested a second look at your Hurricane Ian damage claim, and your insurance company still has not given you fair compensation or still denies your claim, you have options. The next step is to file a complaint with the Florida Office of Insurance Regulation by calling (877) 693-5236.
The Florida Office of Insurance Regulation will look into the complaint and determine if it is valid. If they decide it is a reasonable complaint, they will talk to the insurance company to try and resolve the problem.
3. Call a Florida Insurance Claims Lawyer
If the Florida Office of Insurance Regulation cannot resolve the dispute, you may need to hire an attorney. The Law Offices of Florin|Roebig are prepared to give your case an evaluation for no cost.
Your attorney may decide to go after your insurance company for breach of contract if your homeowner’s insurance policy shows there should be more coverage than what you have received. Generally, if your case gets this far, it can be settled with a summary judgment by the court.
Benefits of Hiring a Florida Insurance Claims Lawyer
If you have been dealing with Florida insurance coverage disputes after Hurricane Ian on your own, you may be discouraged and overwhelmed.
It can be a complicated process to navigate on your own and is often very confusing and frustrating. Hiring a Florin|Roebig attorney can alleviate this stress.
The benefits of hiring a Florida insurance claims attorney can include the following:
- Insurance attorneys have lots of experience in dealing with insurance companies.
- Insurance lawyers know critical filing deadlines.
- Many attorneys work on a contingency fee basis.
- They understand the ins and outs of Florida law regarding residential property claims.
- They value the attorney-client relationship.
- They have access to other cases involving your insurance company.
If you feel that there has been a misrepresentation of your claims case by your insurance company, hire a knowledgeable attorney to fight for your case.
We Are Nationally Awarded Lawyers
Find Help for a Denied or Underpaid Property Damage Insurance Claim in Florida
If you or someone you love are dealing with an underpaid property damage insurance claim from Hurricane Ian in cities such as Miami, Ft. Lauderdale, and Tampa, you may be looking for help. The good news is the attorneys at the Law Offices of Florin|Roebig are trial court-experienced and ready to fight for your claim.
Florin|Roebig insurance attorneys have been helping clients fight for their insurance claims for nearly 40 years and have won over $1 billion in case awards for their clients.
If your insurance company is treating you unfairly, call the Hurricane Ian-experienced law offices of Florin|Roebig today.
