Real Estate Attorney Tampa Florida

HURRICANE IAN INSURANCE CLAIM

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Hurricane IAN made landfall as a Category 4 hurricane bringing devastating flooding and wind ranging from 130 to 156 mph.  If you are a business or individual who owns property in Florida, and your property has been damaged by Hurricane Ian, call Kassel Law Group for a free consultation.  Kassel Law Group’s experienced first-party property attorneys will advocate your rights against the insurance company in any Hurricane Ian claim including wind damage, flooding, fire, mold, lightning, and any other storm damage.

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WHAT IS FIRST PARTY PROPERTY INSURANCE?

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Florida property owners are usually required to carry insurance on their home or commercial property, especially if there is a mortgage encumbering the property.  A first party insurance claim is between first, the policyholder, or the insured, and second, the insurance company.  The homeowners insurance or commercial property insurance claim you file with your insurance company for damage you sustain as a result of Hurricane Ian will be a first party insurance claim because it is between first, you, the insured, and second, your insurance company.  This differs from a third-party property insurance claim which is between you, a third party, and someone else’s insurance company.  An example of a third party insurance claim would be one filed in relation to an automobile accident.

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Presumably, in a storm damage claim, your insurance company should be complying with its contractual duties under the policy and law to properly compensate you, the insured.  Unfortunately, however, that is often not the case.  Instead, you may experience a wrongfully denied claim, a failure by the insurance company to pay the true value of your claim, or an unreasonable delay in processing your claim.  At Kassel Law Group, we examine your policy, diligently pursue a final resolution to your claim, and put your claim in the best possible position to receive the compensation you deserve.

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TYPES OF PROPERTY OFTEN INSURED FOR HURRICANE AND WINDSTORM DAMAGE

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Homeowners insurance and commercial property insurance will usually insure the following types of property due to hurricane damage from Hurricane Ian:

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• Residential properties include; condominiums, townhomes, single-family homes, mobile homes, modular homes, duplexes, triplexes, and quadruplexes.

• Homeowner’s association common elements and other property owned by the homeowner’s association including pools, gyms, visiting/welcome centers, conference halls, workspace, kitchens, and outdoor areas.

• Condominium and other multifamily buildings.

• Office buildings.

• Retail properties.

• Medical centers.

• Hotels.

• Malls.

• Industrial property and warehouses.

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HURRICANE IAN INSURANCE CLAIM PROCESS

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During the claims process, an insurance adjuster will examine your insurance policy and investigate your damages while using the information they gather to deny and reduce the true value of your claim.  Additionally, the insurance company will use its own experts to evaluate and value your damage.  These experts will be used by the insurance company against you. The insurance company may also unreasonably delay your claim, hoping you will fatigue or become impatient, and settle for an amount far below what you are entitled to.  The best time to contact Kassel Law Group for a free consultation is as early in the claims process as possible, preferably prior to your filing a claim, so you know your rights and have counsel from the very first interaction with the insurance company.

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TYPES OF HURRICANE AND WINDSTORM DAMAGE

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Roof damage.  Roof damage may include the lifting of the roof from the structure, missing shingles, roof tiles, damage to metal roofing, missing roof flashing, gutters, facia, or other roof hardware.  You may experience water spots in your ceiling or other water intrusion and moisture issues resulting from the roof damage.

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Exterior damage. Exterior damage may include siding damage, structural damage caused by downed trees, power poles/lines or projectiles, garage door damage, window and door damage, and moisture and mold damage.

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Interior damage.  Interior damage may include water intrusion, mold and moisture damage, personal property damage, and structural damage caused by downed trees, power poles/lines, and projectiles.

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TIPS FOR HOMEOWNERS AFTER SUSTAINING HURRICANE OR WINDSTORM DAMAGE

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• Take photos of the interior and exterior of your house or commercial property, and your personal property, before and after the storm.  This may help avoid an argument by the insurance company that you did not properly maintain the damaged property or that the claim involves pre-existing damage.

• Review your insurance policy and make sure you have a copy of the declaration page and conditions.  There are various types of homeowners insurance policies. If you need to hire an attorney, they will need to know the form of your policy.

• Contact an experienced hurricane or windstorm damage attorney to discuss your rights prior to filing a claim with the insurance company.  Any conversations, correspondence, and photos you present to the insurance company while unrepresented may be used against you by the insurance company to determine your claim’s coverage and valuation.

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COUNTIES OF FLORIDA AFFECTED BY HURRICANE IAN

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