Hurricane Helene devastated Florida, bringing intense winds, torrential rain, and widespread flooding. Unfortunately for many homeowners, the storm’s damage was just the beginning of the ordeal. Some are now facing another kind of storm: insurance claim denials for wind or flood damage.
If your insurance company refuses to cover your storm-related losses, you’re not out of options. Florida law provides several avenues to dispute unfair denials, and with the right approach (and the right legal help), you may still recover what you’re owed.
Here’s what you need to know about your legal options when your insurer won’t pay for water or wind damage after Hurricane Helene.
Understanding Your Home Insurance Policy
The first step is knowing what your policy covers. Many homeowners are surprised to learn that standard insurance policies can contain exclusions and gray areas, especially regarding hurricane damage.
Key Terms to Review:
- Named perils: If your policy covers certain events only, wind and flood damage may not be included unless explicitly listed.
- Windstorm coverage: This may be included in your homeowners policy or require a separate windstorm rider.
- Flood damage: Standard homeowners’ policies often don’t cover flood damage entirely, requiring a separate NFIP (National Flood Insurance Program) policy.
- Water vs. wind-driven rain: Insurance companies sometimes argue over whether water came in due to flooding (excluded) or wind-damaged roofing (within coverage limits).
Common Exclusions Insurance Company’s Adjuster May Use
It’s important to understand the legal landscape and the exclusions your insurer might point to when denying a claim. These often include:
- Flood exclusions: Insurance claims for damage caused by rising water may be denied if no flood policy is in place.
- Concurrent causation: If both wind and flood contributed to the damage, insurers may deny the entire insurance claim under this clause.
- Maintenance or wear-and-tear claims: Insurers may assert that your damage was caused by pre-existing issues or lack of upkeep, violating your homeowner’s insurance.
- Mold or interior damage: Without proof that high wind damaged the structure, companies may deny interior water damage to property owners.
Legal Rights and Options for Holders of Homeowners Insurance Policies
Under Florida law, property insurance companies are required to handle the insurance claims process fairly and in good faith. If they fail to do so, you have the right to dispute the decision and take legal action if necessary.
- Review the claim denial letter: Your insurer is required to provide a written explanation of the denial. This letter should detail the reason for the decision, citing specific policy language. Don’t rely on verbal explanations, carefully review, keep detailed records, and get everything in writing.
- Request a reevaluation: You have the right to request a second inspection or submit additional evidence. Independent contractors or public adjusters can provide new estimates that contradict the insurer’s findings.
- File a complaint: If your insurer refuses to reconsider the claim, you can file a formal complaint with the Florida Department of Financial Services. The state may initiate a review of the property insurer’s conduct and help facilitate a resolution.
- Seek mediation or arbitration: Florida offers a state-sponsored mediation program for insurance disputes related to hurricanes. This is a less formal and often faster way to settle without going to court.
Experienced legal representation can advise which option makes the most sense based on your claim.
When to Consider Legal Action
Sometimes, despite all efforts, your insurance company continues to deny valid wind or water damage claims. That’s when legal action becomes necessary.
At Larry Moskowitz, PA, we file lawsuits on behalf of policyholders with standard homeowners insurance who have been treated unfairly by their insurers. You may have a case for:
- Breach of contract
- Bad faith insurance practices
- Failure to comply with Florida’s insurance law and claims handling deadlines
Before filing a lawsuit, your attorney will weigh the strength of your claim, the amount of damages at stake, and whether the insurer has a pattern of bad-faith practices.
Protecting Yourself and Your Rights
Dealing with a denied claim after a hurricane is stressful, but you aren’t powerless. Florida law is designed to protect homeowners from unfair insurance practices. With strong documentation, persistent follow-up, and knowledgeable legal support, you can challenge your denial and pursue the compensation you deserve.
Our experienced attorneys have helped Florida residents recover from damaged property and storm losses for decades. If your insurer won’t cover wind or water damage from Hurricane Helene, schedule a free consultation today and let’s talk about your options. Because when disaster strikes, you don’t have to fight this alone.