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Now that Hurricane Irma has marched through the entire length of Florida, those affected by the storm must now face perhaps an even more stressful event – the pursuit of a property damage claim against their homeowners insurance company.  Although it may take several weeks for property owners to fully realize the damage caused to their property, they need to move quickly with a claim against their property insurance company.  
Since the focus has long been on preparing for Irma’s high winds and water, it is understandably difficult to now turn your focus to the language of your insurance policy and the numerous exclusions contained therein.  It is also eye-opening to realize that the insurance company’s representatives do not always fully investigate the scope of your damage and will often leave a lot of damage uncompensated.  
As important as your pre-storm preparation was, you must now focus on obtaining the most compensation possible from your insurance company to help put your property (and life!) back together again.  The steps you take immediately after the storm are crucial with regard to your ability to adequately present a claim with your insurance company for the damage to your property.  As you begin your insurance claim presentation process, you may want to keep the following in mind:
The Safety of Your Family.  This may seem obvious, buy it needs to remain your overriding priority after the storm.  Do not get caught up in documenting your damages or any other claim activity until later the safety of your family is assured.  
Document Your Damage:  In order to best receive reimbursement for your lost or damaged items, you will need to prove to the insurance company what property you had and the pre-storm condition of same.  Hopefully, you took pictures and video of the pre-storm condition of your property.  With the advent of cell phone cameras and other video devices, it is easier than ever to memorialize the damage caused by the storm and to easily provide same to your insurance carrier.
 
Contact Your Insurance Company.  As soon as communications allow, you should immediately place your insurance company on notice of your loss.  The most obvious reason for this is so that the sooner your place your claim, the sooner you can start the process.  If you wait to place your claim, you may be forced to wait behind others that placed their claims before you.  
A not so obvious reason to place your claim quickly is that many insurance policies now mandate that you provide them with “immediate” notice of a loss.  If you wait to place your claim and do not give the insurance company “immediate” notice of your loss, the insurance company may claim to have been “prejudiced” by your delayed reporting and deny your claim.  Insurance company lawyers have created quite a cottage industry for themselves by defending against the payment of your claim based upon an alleged “late notice” defense.  
Point Out All Damage to the Insurance Representative.  After the receipt of your claim, an insurance company representative will come and inspect the damage to your home.  It is crucially important that you point out any and all damage to your property so that the damage can be documented.  Don’t worry if you miss something, as your claim is not limited to only the damage you point out on this initial visit, but the more damage you can document to the insurance company, the higher the insurer’s initial settlement offer may be.
Remember, the insurance company representative  does not work for you, but instead works for the insurance company.  Even though the insurance adjuster may be friendly and professional, he is not an advocate for the full payment of your loss.  The adjuster is employed solely by the insurance company and, whether consciously or unconsciously, his goal will be to provide the least amount of coverage for your damage.
 
Flood vs. Wind Damage.  Since Hurricane Irma caused damage both by high winds and rising water, your homeowners insurance company may try to deny coverage for some of your damage by claiming the damage was caused by water and not wind.  In general, your homeowners insurance policy covers damage caused by wind, and your flood insurance policy covers damage caused by rising water.  The dispute over whether damage is covered by flood or homeowners insurance has generated mountains of litigation and is discussed in detail in a previous post
Examine your Insurance Policy for Additional Coverages.  The insurance company representatives may not point out all the benefits provided by your homeowners insurance policy.  For instance, there may be additional insurance coverage for items such as any alternative living arrangements while repairs are being done, food that may have spoiled in your refrigerator, the cost of bringing your home up to current building codes, and other such non-obvious coverages.
Remember, if you are not satisfied with the treatment, coverage, or payment provided to you by your insurance company, it is advisable to contact an attorney or other professional who has experience with handling property insurance claims.  Most of these professionals work on a contingency fee basis and offer a free initial consultation, so there are no out of pocket costs to obtain help with your storm damage insurance claim.
 

Even as the internet is full of Hurricane Harvey damage pictures, another storm is quickly approaching Florida from the eastern Atlantic.  Tropical Storm Irma – soon to be Hurricane Irma – is projected to be a major storm and may make landfall along Florida’s coastline.  The time is now to stop looking at flood pictures in Texas and realize that we could be in the same situation – or worse – if a major storm hit our shores.

Please take a moment to review my previous post on the crucial steps you need to take in order to protect your family during the storm.  Also, you can click here to download a detailed Hurricane Supply Checklist.  Make sure you obtain all or as many of these items as possible, because you may have to fend for yourself and your family for an extended period after the storm.

If you don’t already have adequate property insurance coverage, then it is mostly likely too late for you.  Sorry, but it is not like we didn’t warn you.  If you do have a solid policy of homeowners insurance, then at least you know that you will be able to seek recovery from your insurance carrier for any property loss you may incur.

If you have any questions regarding your property insurance coverage or need help with your claim, please either contact us online or call our office at (888) 898-5297.

Policyholders are often shocked to learn that the loss settlement check they receive from the insurance company is payable not only to the policyholder, but to their mortgage company as well.   Homeowners insurance policies are broken down into several types of coverage – whether for the building, personal property, liability, alternative living expense, or other losses.  For certain types of coverage, the insurance policy will list the mortgage company as an “additional payee” on the policy – which means that the mortgage company’s name must be listed on any loss settlement check.  

The reason the mortgage company is listed as an “additional payee” on the insurance policy is that the mortgage company has a vested interest in insurance coverage payments issued for any loss to the insured property.  The mortgage company presumably loaned money to the policyholder and, in order to provide a guarantee of repayment, the policyholder agreed to grant the bank a mortgage on the property as collateral for the loan.  

Should the subject property be damaged or destroyed, the unrepaired property would then be worth less than before the loss and therefore, the mortgage company would not have the same amount of security for the loan as prior to the loss.  In order to protect the mortgage company’s security for the loan, the mortgage company’s name will appear on all insurance loss payments related to the property given as collateral for the loan.  Because the property protects the mortgage company in case of non-payment of the loan by the policyholder, the mortgage holder has a strong interest in making sure the property is either repaired or the outstanding loan is paid down to a point at which the loan is again fully secured by the value of the property.

The inclusion of the mortgage company’s name on the insurance check usually just affects coverage relating to the actual building on the property, since the home is usually given as collateral for the mortgage loan.  On the other hand, claims for damage to personal property, liability, or loss of use do not relate to property subject to a mortgage and therefore settlement checks on these losses would not have to include mortgage company’s name as an additional payee.