Hurricane Damage & Wind Damage
A hurricane or windstorm can cause serious damage to your home or roof and additional damage to your personal property from leaks or water that enters through holes caused by the storm.
Unfortunately, in 2011, the Florida Legislature made making hurricane or windstorm insurance claims more difficult.
Specifically, they amended Florida Statute 627.70132, titled "Notice of windstorm or hurricane claim," as follows:
A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.
As a result, any claim for hurricane or windstorm damage must be filed within three (3) years after the hurricane made landfall or the windstorm caused the damage to the property.Therefore, homeowners must be vigilant in reporting claims for hurricane or windstorm damage and making sure that all damage is included within the first presentation to the insurance company. If you leave something out, the insurance company may not pay and your claim may be barred.If you feel you have a potential claim consult an attorney. If you are unsure whether you have a claim we at Smith, Kling & Thompson, P.A. are available for a free consultation.