Hurricane Season Do and Don’t List

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We want to provide you with some guidance in case you need to file an insurance claim as we come upon another Florida Hurricane Season. Whether you may be a homeowner or renting a space, in the event of a storm which may affect our area, here are some Dos and Don’ts to ensure the protection of your property, and to avoid your insurance provider underpaying your claim:

PRIOR TO THE STORM

DoDon't
1. Review your policy, specifically the declaration’s page, Section I Coverages, Section 1 Exclusions, and Duties After Loss, then contact your agent with questions.1. Assume just because you have insurance that all of your property is covered. Certain policies exclude coverage of screen enclosures without additional insurance.
2. Photograph/Video the exterior and interior of your property to capture its condition prior to the storm and any personal effects which could be damaged from water intrusion.2. Assume that in the event of any damage, your insurance provider will give you the benefit of the doubt and extend coverage to things they would rather deny.
3. Move any outdoor furniture or objects which may cause damage from high winds.3. Allow your property to cause damage to your neighbor’s or your own property.
4. Keep useful items on hand such as batteries, flashlights, clean water, prescriptions, important documents in Ziploc bags, cash, etc. in case of an evacuation.4. Be unprepared in the case of an emergency, as flooding and power outages can lead to limited access to certain necessities or amenities.
5. Unplug electronics not connected to a surge protector.5. Sustain unnecessary damages which will lead to replacing otherwise good appliances.
6. Test to see if hurricane shutters work or if you have enough materials to board up any windows (if applicable).6. Let malfunctioning equipment cause damages that could have been avoided with additional preparation.
7. Cut any dead limbs that may cause damage to your property.7. Allow known risks to cause damages that could have been avoided.
8. Keep plastic coverings to protect interior electronics/furniture in case of any breaches that allow wind and rain into your home.8. Assume that your home is impregnable. Protecting expensive electronics/furniture can help limit the need for your insurance to evaluate your personal effects for additional proceeds.

AFTER THE STORM

DoDon't
1. File your claim as soon as you have any indication of damage.1. Sign any documents with door-to-door contractors who overcharge for services under the belief that your insurance provider will cover it.
2. Take photos/video of the damaged portions of your property.2. Assume that the individual sent by the insurance provider will accurately document all of your damages.
3. Cooperate fully with the requests of your insurance provider and refer to the “Duties After Loss” section of your Policy.3. Give your insurance provider a reason to deny your claim because you did not satisfy one of their requirements, such as signing a sworn proof of loss or allowing them to inspect.
4. Take necessary steps to prevent further damage to your property.4. Fall victim to out-of-state “storm chasers” who seek to take advantage of people in sensitive situations.
5. Obtain estimates from contractors you trust for all areas of your property that sustained damages, and submit them to your insurer for evaluation.5. Allow unlicensed and uninsured individuals posing as contractors to do work on your property.
6. Keep a journal/diary to record who you speak to regarding your claim and the nature of the call.6. Hire a public adjuster before the insurance provider issues their initial coverage determination (made within 90 days of filing the claim).
7. (If you choose to use a public adjuster) Sign with one in the first year after the storm has passed, but after you receive your initial coverage determination so the public adjuster does not get 10% of what you would have already recovered from the insurance company.7. Sign with a public adjuster after the one-year anniversary of the storm, as their fee will increase to 20%, and you will be at a further loss.
8. Seek further legal advice if your insurance provider still does not provide the necessary coverage for your claim.8. Allow your insurance provider to shortchange you.

Keep in mind that your insurer will have 90 days from the day you make the claim to make an initial coverage determination to either extend or deny coverage. Should the insurer deny your claim or fail to provide sufficient coverage for your damaged property you can negotiate with your insurance company by submitting additional photos and estimates for their review.

Lusk, Drasites & Tolisano will be providing free consultations for potential cases between you and your insurance company. Should you have any questions regarding your claim, please do not hesitate to contact our office to speak with one of our attorneys.