Riding Out the Storm: Understanding Florida’s Post-Hurricane Insurance Laws

 In Blog, Property Damage

As June approaches, so does the annual start of hurricane season in Florida. This time of year, brings with it the potential for devastating storms, testing the preparedness and resilience of communities across the state. With memories of past hurricanes still fresh, residents and officials are keenly aware of the need to stay vigilant and ready for whatever may come.

Ten Minding Blowing Hurricane Facts

  • Hurricanes can extend from 25 mph for smaller hurricanes to over 160 mph for large ones and unleash more than 2.4 trillion gallons of rain a day.
  • Florida bears the majority of hurricane impacts, with 40% of storms hitting the state during hurricane season.
  • All hurricanes are named. The National Hurricane Center started assigning names in 1953 but they were strictly female, in 1979 men’s names were introduced. The list goes in alphabetical order but excludes Q, U, X, Y, and Z. There are six lists of names, and each list is used on rotation every six years.
  • A name is only retired when it causes so many deaths or so much destruction. The World Meteorological Organization oversees retiring old names and choosing new ones.
  • Hurricanes can spawn tornadoes and in 1992, Hurricane Andrew spawned 62.
  • The largest hurricane on record is Typhoon Tip, this record-breaking hurricane occurred in 1979 and had a diameter of 2,200 km.
  • The deadliest hurricane recorded was surprisingly in Galveston, Texas when it was hit with a Category 4 storm in 1900 that took around 8,000 lives.
  • The costliest hurricane in history was Category 5 Hurricane Katrina which hit Louisiana in 2005 and damage totaled up to somewhere between $108 and $160 billion.
  • The most powerful hurricane on record was Hurricane Irma, a Category 5 storm that held 7 trillion watts of energy, had 185 mph winds, and lasted for an extensive 37 hours.
  • The fastest-recorded hurricane was Tropical Cyclone Olivia in 1996 and it reached up to 254 mph.

Satellite view of a super typhoon over the ocean

Understanding “Hurricane Insurance”

Hurricanes pose a serious threat to homeowners in Florida, causing widespread damage to properties. This includes wind and water damage, as well as other detrimental effects including:

  • Roof damage
  • Structural damage
  • Cosmetic damage
  • Utility damage
  • Damaged electronic equipment or machinery
  • Vehicle damage
  • Landscape damage
  • Downed trees
  • Landscape damage
  • Landslides

This is why Florida property owners must have protection for this specific type of damage as part of their insurance policy. Commonly, people think that this is automatically included in their insurance and while you can file a hurricane damage insurance claim, windstorm coverage is what covers hurricane-related damage and is often a separate policy.

More specifically, windstorm coverage is for when damage to the interior of a building or property inside a building is caused by rain, snow, sleet, hail, sand, or dust if the direct force of the windstorm first damages the building, causing an opening through which rain, snow, sleet, hail, sand or dust enters and causes damage anywhere in the state of Florida. Coverage commonly includes:

  • The dwelling
  • Other structures on the property: Garage, fence, greenhouse, shed etc.
  • Personal belongings
  • Temporary relocation costs if damage makes your home uninhabitable
  • Additional essential resources: Food, water, gas etc.

An additional measure to mitigate hurricane-related damage is obtaining flood insurance. This type of insurance provides coverage for damage to buildings and personal belongings caused by flooding, offering an added layer of protection in the event of a hurricane.

Per Florida law, insurance companies require hurricane deductibles due to the threat of hurricanes in the Gulf Coast and the state’s 67 counties. This deductible is usually $500, 2%, 5%, or 10% of the policy dwelling or structure limits. In addition, according to the statute of limitations, Florida residents have up to 12 months to file a property insurance claim after a hurricane makes landfall.

For homeowners living in hurricane-prone states and with the potential for life-threatening storms, it is imperative for homeowners to ensure they have adequate insurance in place to safeguard their homes and properties from the destructive impacts of hurricanes.

When to Seek Help

When facing extensive property damage from hurricane season, the denial of insurance coverage can be overwhelming for you and your loved ones, and while it is not always the case, there are several reasons your property claims compensation can be held up or denied after a hurricane:

  • Denial of coverage – since the policy is separate, it can be overlooked that the insured does not have coverage. This can be avoided by checking over your insurance to ensure that you do have the coverage or asking your insurance agent directly for it.
  • Unreasonable delays in approval or payment – claims can take some time to process, but if you find yourself waiting for your claim for weeks at a time without explanation, be sure to reach out to your insurance company or consult an attorney.
  • Undervaluing the claim – as a policyholder, you deserve fair compensation for your loss. If the insurance company offers lowball payments or estimates, it may leave you unable to properly repair the damage. You have the right to challenge these undervaluations.
  • Other possible setbacks – other factors that can affect payment include insurance coverage limits or lack of the right coverage, failure to document or provide documentation of the hurricane damage or the insurance company is acting in bad faith.

We are Here for You

Whether you are unsure of where to begin with your hurricane damage claim or if you find your claim is delayed or denied, it is important to seek legal help. At Gechtman Law we have experience in handling insurance disputes and can help you navigate the process to ensure you receive the coverage you are entitled to. Do not hesitate to seek legal guidance if you are facing difficulties with your claim and contact us at (305) 222-7836.

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