After a loss, an insurance company will often mandate that the policyholder complete and sign a form called a Proof of Loss regarding the damages claimed by the policyholder. A Proof of Loss is a one page form (possibly with attachments) that is usually provided to the policyholder by the insurance company.

The Proof of Loss form requests specific information from the policyholder regarding the date and time the loss occurred, type of loss claimed, the available insurance policy limits, and the exact amount of damages sought by the policyholder. The Proof of Loss form may also mandate that the policyholder attach any damage estimates or other calculations that support the policyholder’s claims.

If you have any questions regarding the insurance claim process, please do not hesitate to call us at (800) 451-6786.

The policyholder must fill out this Proof of Loss form completely, sign it in front of a notary, and then timely provide the notarized Proof of Loss back to the insurance company. The insurance policy usually mandates that the policyholder has to provide the signed Proof of Loss within 60 days of the insurance company’s request.

Do I Have to Provide a  Proof of Loss?

The most important issue relating to a Proof of Loss is that if the insurance company requests the provision of an executed Proof of Loss, the policyholder MUST comply with this request prior to filing suit against the insurance company or otherwise moving forward with the claim. If the policyholder fails or refuses to provide the signed Proof of Loss along with all the requested information, this failure may be deemed a “failure to cooperate” with the insurance company’s investigation of the loss and could become a complete bar to payment on the loss.

If your insurance company requests that you provide a Proof of Loss in support of your claim, it is highly advised that you obtain the assistance of a qualified insurance claim lawyer that has experience dealing with the tactics used by insurance companies to deny damage claims.  Please feel free to call our office with any questions you may have about a Proof of Loss or if we can be of any assistance with any other part of your insurance damage claim.

tornado-damage-floridaOver the last few days, Central Florida has been pounded by torrential rain, tornadoes and high winds.  These damaging windstorms and tornados were especially violent in Manatee, Sarasota, Lee, Hillsborough and Pinellas Counties.  These thunder storms caused flooding in Shore Acres, wind damage in Siesta Key, and claimed the lives of two people in Duette.  Now that the storms have past, we are left to deal with the damage done by this weather event.  Fortunately, most people have homeowners insurance to help pay for the damage to their property, but as we have often seen, going through the insurance claim process can be a world of heartache all its own.

After the storm or tornado has past and/or the flood waters have receded, you should immediately contact your insurance company and place them on notice of your claim.  The sooner you start the insurance claim process, the better chance all parties have of accurately calculating your damage and the cost to repair same. You should also take whatever ever steps you can to mitigate the damage caused to your property and otherwise take action to keep additional damage from occurring.  You should also, to the best of your ability, make a listing of the damaged property.  Although making a listing of your damaged property can be difficult – especially when the items are missing or totally destroyed – you are the best person to know the extent of your property.  If you can’t properly itemize your lost or damaged property, most likley the insurance company will not reimbuse you for same.

After a storm or other weather event, you may also have to deal with emergency restoration companies.  These companies will come to your house soon after the damage occurs and will do the immediate repairs or restoration that may be necessary to protect your home from further damage.  These services usually include the placement of large fans or other equipment to dry out your property, the installation of tarps over your damaged roof, or other similar activities.  Although these services can often be crucial for the protection of your property, always remember that these services are very expensive and that you only have a certain amount of money under your insurance policy limits with which to repair your home.  If large sums of your policy limits are spent on these initial emergency repairs, you run the risk of not having sufficient funds remaining to repair the remainder of your home.  Therefore, it is always important to obtain an agreed upon written estimate of the work prior to the performance of same.

Lastly, it is important to remember the difference between flood insurance and wind insurance.  Your normal policy of property insurance does not cover flood damage – meaning damage caused by “rising water”, but will only cover damage caused by water which was “blown into” your home by wind.  For instance, if your property was damaged by water that had been blown in through a window or a damaged roof, your normal homeowners policy would cover it.  If the damage was caused by water rising from a nearby creek, your homeowner’s policy would not cover the damage.  It is crucial that you understand the coverages available to you prior to authorizing any repair work to your home.  If you authorize a contractor to dry out your home after a flood and then realize that you do not have flood insurance – you will be on the hook to pay the contractor out of your own pocket!

As always, should you have any questions regarding what coverage may be available to you under your insurance policy, please feel free to contact our office and we will do our best to answer any questions you may have regarding your property damage claim.

 

Almost every time we speak to a new client regarding their hail damage insurance claim, our clients tell us that the insurance company representative told them some variation of one or more of the below statements.  Unfortunately, insurance company adjusters have a habit of trying to convince property owners that they have “no business” filing legitimate hail damage claims, and even try to convince the hapless homeowners to drop their claims.  We’ve put together the below list of insurance company representations and have pointed out the truth underlying these misstatements

If You Have Questions Regarding Your Hail Damage Claim – Call (800) 451-6786 for Immediate Help.

1.  “Since you don’t have much damage, you shouldn’t file a claim” – In reality, if you have any damage whatsoever from a covered cause of loss, you have the absolute right to place a claim with your insurance company for the repair of this damage.  Moreover, even if the damage to your roof may not seem severe at the moment, if left un-repaired, it may eventually lead to additional leaks and problems down the road – which could end up costing substantially more to repair.  Better to get the repairs taken care of immediately so that additional subsequent damage can be avoided.

2.  “If you file a claim, your insurance company will cancel your policy” – In fact, most states have laws which specifically prohibit insurance companies from cancelling a policy solely because of the insured’s placement of a claim.  Not only is the insurance company prohibited from taking this action, the insurance company might be exposing itself to a claim for bad faith claims handling as well.

3.  “Since it doesn’t look like you’ve lost any roof shingles, you must not have any hail damage.” –  This is one of the most common statements, and is really a total misdirection.  Missing shingles are usually related to wind damage claims (hurricanes, tropical storms, etc.), and are not an absolute indicator of hail related damage.  A roof may be substantially damaged by hail, even though the actual shingles appear to still be in place after the storm.   Furthermore, the damage may not cause leaking until well after the storm.  Therefore, it is crucial to have a qualified expert examine your roof after a storm to fully evaluate the damage to your property.

4.  “If you file a claim, your insurance rates will go up.”  Let’s be honest, if a storm or other large weather event comes through your area, the insurance company is going to raise everyone’s rates anyway.  So if your insurance premiums go up and you are the only person on your block who didn’t file a claim, your increased premium dollars will just be used for paying everyone else’s claims and not yours.

5.  “You should place a claim with your manufacturer’s warranty/home builder/building contractor for this damage.”  – The reality is that most manufacturer’s warranties specifically exclude damage caused to your roofing shingles by hail.  Furthermore, home builders and contractors will only be liable for faulty workmanship or failure of the products and services they provided as part of the scope of their employment.  Absent some specific (and hard to imagine) language in a home builder’s contract that states that the builder agrees to be liable for acts of nature which occur after the home is built, there would be no cause of action against the building contractor for hail damage.

6.  “Since you didn’t notify us immediately after the hail incident, you cannot make a claim.” – Although there may be various limitations under law or in your policy which govern the time frame within which you must place your claim, such limitations usually allow ample time to make your claim and do not mandate that your claim is automatically barred if you didn’t notify the insurance company the day after the event.  Although it is important to consult with a legal professional as to what limitations may exist in your policy or under the laws of your state, the process recognizes that it may take a while to fully become aware of the damage and to notify your insurance company of same.

Always keep in mind that the individual the insurance company sends to initially inspect your damage is either an employee of the insurance company or an outside adjuster who relies upon the insurance company for his standard of living.  Although usually these representatives do their best to honor the insurance company’s obligations to you, do yourself a favor and never forget who butters this person’s bread.

If you have any doubts about whether you are getting a fair shake from your insurance company, please call (800) 451-6786 for a Free and Immediate Consultation regarding your rights.

 

Water DamageAlthough hurricanes, earthquakes, and sinkholes get the majority of the attention in the news, the vast majority of insurance claims deal with water damage to property.  These claims are generally broken into two categories – flood damage and water leak/seapage damage.  Flood claims revolve around damage caused by “rising water”, as opposed to other types of water losses which could come from leaky pipes, water blown through windows as the result of a storm, or overflow from appliances.

For an immediate consultation with regarding your rights, call (800) 451-6786 today.

With regard to the avoidance of damage caused by a flood – well, that’s between you and Mother Nature.  With regard to protecting your property from other types of water damage, you may find the following tips helpful:

1.  Know the location of water valves.  Make sure everyone knows where the main valve is located and how to turn the water off.

2.  Monitor utility bills.  An unusually high water bill could signal a water leak.

3.  Turn off water before traveling.  Turn the water off at the main valve or directly on major appliances. Consider leaving a house key and contact information with a neighbor or trusted friend and ask the person to check the inside and outside of your home periodically while you are away

4.  Inspect your home regularly for signs and sources of moisture.   After a storm or rain shower, check for water stains or odors inside your house.  Create a maintenance schedule to check the following sources of water leaks on a regular basis:

Hot water heaters – Hot water heaters may rust or develop cracks over time. Check your water heater for rust and deterioration every year. Check the drain pan for water and ensure that the drain line for the overflow pan is not clogged. Drain and clean the water heater as recommended by the manufacturer.

Garbage disposal – Routinely check for cracks or other sources of leaks.

A/C drain lines – Damage can occur when the line that drains condensation from the evaporator coils becomes clogged and water overflows from the drip pan. Periodically check the drip pan for water and consider an annual service call to reduce the buildup of algae and mold in the drain line.

Indoor and outdoor pipes and faucets – Routinely check indoor pipes under cabinets and sinks for leaks, rust, and any signs of deterioration. Minimize the potential for water damage from frozen and broken outdoor pipes by insulating supply lines (in attics, crawlspaces, and exterior walls), protecting exposed outdoor faucets, sealing gaps in exterior walls, and maintaining adequate heat in your home.

Appliance hoses – Broken hoses are among the most common causes of water damage. Regularly inspect hoses and hose fittings on washing machines, icemakers, and dishwashers for kinks, cracks, bulges, or deterioration. Replace standard rubber washing machine hoses every two to five years or more often if they are showing signs of wear. Consider using steel-reinforced hoses for longer life.

Showers, tubs, sinks, toilets, windows, and doors – Water leaks around bathtubs, showers, sinks, and toilets can cause damage because the leak is often out of sight. To prevent leaks, make sure you have a watertight seal of caulk around tubs, sinks, toilets, tubs, shower stalls, windows, and doors. Cracks or mold on caulk or tile grout may indicate that you do not have a watertight seal. Remove all caulk or grout, clean and dry the surface thoroughly, and apply fresh caulk. Do not apply new caulk or grout on top of the old materials.

Attics and ceilings – Routinely check for wet insulation and water stains.

Wallpaper – Routinely check for bubbling, peeling, and stains.

Roofs – Keep roofs free of debris that can damage roofing and allow water to seep in. Trim tree branches to prevent them from rubbing and damaging the roof.

Repair missing or damaged shingles – Properly seal any cracks around chimneys, skylights, and vents. Check metal flashing for holes, cracks, or other damage. Replace flashing or use silicone caulk to seal any openings.

Rain gutters and downspouts – Direct rainwater away from your home. Keep gutters clear and make sure downspouts are long enough to carry water away from your foundation. Gutters that are filled with leaves and other debris allow water to back up on the roof, which can result in water damage to eaves and roofing material.

Sump pumps – Sump pumps are the first line of defense in preventing water from seeping into basements. Periodically check the sump and remove any debris that could clog the pump. Consider installing a battery-powered backup to protect your basement during power outages.

Landscape – Yards should slope away from the house to prevent puddling near the foundation or under pier and beam houses. Do not allow sprinklers or sprinkler heads to soak the exterior of your house.

Trust me – with regard to water damage, an ounce of prevention is worth a pound of cure.  A few years ago, we had a water leak at our house that resulted in our being out of the home for over 77 nights!  One tiny valve behind a toilet in my daughter’s bathroom broke free while we were on vacation and the resultant leak destroyed the hardwood flooring throughout our entire house and even seeped up the walls for approximately three feet!  Even with the best preparations, accidents may be unavoidable.  Therefore, it is vitally important that you verify that you have sufficient coverage on your homeowner’s insurance policy to protect you from water damage.  If you have any questions regarding your insurance policy or what coverages it may provide, you should contact an insurance claim lawyer to examine your policy and explain what benefits your policy may provide for this type of loss.

Back in the good old days of yore (which, at this point, was approximately 4 years ago), whenever an insurance company provided you with a policy of homeowner’s insurance, it automatically included coverage for any damage caused by sinkhole activity.  In 2007, as part of the insurance industry’s never ending attempt to limit coverage to its clients, insurance company lobbyists convinced the legislators in Tallahassee to change this law and to make sinkhole coverage “optional”. 

In fact, after that initial revision to the law, if you lived in Pasco or Hernando counties specifically, sinkhole coverage was automatically excluded from your insurance policy, and if you wanted this coverage, you had to specifically request such coverage and pay an initial premium for it.  For the rest of the state, sinkhole coverage was still included in your policy, but you could opt out of such coverage – if you were feeling lucky!

As part of the insurance industry’s “bait and switch”, the Legislature allowed insurance companies to completely remove full sinkhole coverage from their policies in Florida and to provide Catastrophic Ground Cover Collapse Coverage instead.  In order to qualify for coverage under this new provision, property owners must meet a four prong test – the last of which states that coverage will only be allowed if the property is both “Condemned” and ordered “Vacated” by a “governmental entity”.  What? 

Needless to say, it is vitally important to thoroughly review your policy of insurance.  Should you find that the coverage provided by your policy provides insufficient protection, you should give a lot of thought to obtaining more complete coverage – preferably long before the need to place a claim arises!