Florida Insurance Claims Lawyer

Resolving Insurance Coverage, Liability, and Damage Disputes, and Standing up to Bad Faith Insurance Practices in the state of Florida

Florida property owners know all too well the challenges that come with filing property insurance claims. From hurricanes and storms to fire, water damage, and vandalism, property insurance is designed to offer peace of mind when disaster strikes. However, the claims process can often be overwhelming, with many homeowners encountering complications that delay or limit their ability to recover compensation. Florida insurance claims lawyers at Geyer Fuxa Tyler provide dedicated support to residents facing these challenges, helping them navigate the property insurance claims process with confidence and ensuring they receive the compensation they deserve.

Common Situations Leading to Property Insurance Claims

Florida’s unique environment and climate create specific risks for property owners. Some of the most common situations that lead to property insurance claims include:

Hurricane and Wind Damage: Florida is particularly vulnerable to hurricanes, which can cause widespread wind damage, torn roofs, broken windows, and structural issues. This type of damage is often covered by property insurance, though deductibles and limits may vary.
Water Damage and Flooding: Heavy rains, plumbing leaks, and storm surges can lead to serious water damage. Although flooding may require separate flood insurance, standard property insurance policies typically cover other forms of water damage caused by burst pipes or sudden leaks.
Fire and Smoke Damage: Fires can destroy entire properties or cause extensive smoke damage that affects walls, furniture, and belongings. Fire damage claims are common and often involve substantial losses.
Mold Damage: Mold is often a consequence of water intrusion, and while it may not always be covered under standard policies, it can lead to health and structural concerns that require urgent attention.
Vandalism and Theft: Property damage due to vandalism or stolen belongings can also be claimed under property insurance, though insurers may scrutinize these claims carefully.

Each of these situations presents unique challenges, and understanding policy details is crucial for maximizing coverage and filing effective claims.

How the Property Insurance Claims Process Works

The process of filing a property insurance claim in Florida can be complex, and it’s essential for policyholders to be informed about each step. Here’s how the process generally works:

Assess and Document the Damage: After the damage occurs, property owners should inspect their property and document all visible issues. Photos, videos, and notes on the condition of the property will serve as essential evidence for the claim.
Report the Damage Promptly: Contacting the insurance company immediately after damage occurs is crucial. Most policies require prompt notification, and failure to report on time could impact coverage.
Review the Policy Terms: Policyholders should carefully review their insurance policy to understand their specific coverage, exclusions, deductibles, and the steps required to file a claim. This will help in setting realistic expectations and avoiding misunderstandings with the insurer.
File the Claim: After notifying the insurer, property owners must file an official claim. This involves providing detailed information about the damage, its cause, and the estimated costs for repairs or replacement.
Adjuster Inspection: The insurance company will send an adjuster to assess the damage. The adjuster’s report will influence the insurer’s decision on the claim amount, making it important for policyholders to be prepared with thorough documentation and a clear outline of their losses.
Negotiation and Settlement: Once the adjuster’s report is completed, the insurance company will offer a settlement based on their assessment. In many cases, policyholders may find the initial offer insufficient. This is where negotiation may be necessary to ensure fair compensation.
Appeals and Litigation (If Necessary): If the insurer denies or significantly underpays the claim, property owners may need to appeal or even consider litigation to secure the coverage they are entitled to.

Challenges in the Florida Property Insurance Claims Process

The claims process is often more complicated than property owners expect. Common challenges include:

Underpayment: Insurance companies may provide settlements lower than the actual cost of repairs, leaving homeowners to cover the difference.
Claim Denials: Insurers may deny claims due to policy exclusions, alleged lack of maintenance, or insufficient documentation, frustrating policyholders who believed their losses were covered.
Delayed Responses: Insurance companies sometimes delay claim processing, which can extend repair timelines and increase out-of-pocket costs.
Disputes Over Coverage: Insurers may argue that certain types of damage are not covered under the policy, or that the cause of damage does not meet the policy’s criteria.

These issues make it essential for policyholders to have a clear understanding of their rights and options for seeking full compensation.

How Geyer Fuxa Tyler Can Help with Property Insurance Claims

Geyer Fuxa Tyler understands the complexities of Florida’s property insurance landscape and is dedicated to helping homeowners overcome obstacles in the claims process. Our team has extensive experience working with property insurance claims, ensuring that clients are well-prepared, informed, and empowered to seek the compensation they deserve. Here’s how we can assist:

Policy Analysis and Claim Preparation: We review insurance policies in detail, helping homeowners understand their coverage and guiding them through the claim preparation process to avoid common mistakes.
Documentation Support: We assist with documenting damage thoroughly, ensuring that all losses are accounted for and presented clearly to the insurer.
Negotiation and Dispute Resolution: Our attorneys negotiate on behalf of clients, working directly with the insurance company to secure a fair settlement. When disputes arise, we use our experience to counter insurance company tactics that may otherwise lead to lower payments.
Representation in Appeals and Litigation: If a claim is denied or severely underpaid, we are prepared to escalate the matter, representing clients in appeals and, if necessary, litigation to ensure that insurance companies meet their obligations.
Ongoing Client Support: We provide continued support through every step of the claims process, offering peace of mind and dedicated advocacy so that our clients can focus on recovery.

Claims & Results From Geyer Fuxa Tyler

Concrete Overspray Claim

A 22-story condominium building in Miami-Dade County was extensively damaged by concrete overspray from surrounding development contractors. After 7 months of dealing with its insurance company Everest without counsel, the condominium association had not yet received $1 in insurance benefits nor had any of the concrete been removed. The association turned to GFT to help guide it through the remainder of the claim and subsequent lawsuit. Within 60 days of being retained, Everest agreed to an initial payment of $1.2 million, which allowed the condominium association to begin the necessary restoration work and removing the concrete. When Everest was slow and delinquent on additional payable benefits, GFT sued Everest on behalf of the condominium association, as well as the negligent contractors. While the lawsuits are still pending, GFT has so far been able to get additional benefits totaling $6.9 million on the association’s behalf. The association has now successfully removed the concrete from its building is on its way to properly restoring the building to its pre-loss state.

Hurricane Matthew Claim

In October 2016, portions of Hurricane Matthew moved over Broward County. One particular homeowner started experiencing roof leaks and had a neighborhood roofer patch them. After a few months the leaks continued, and the homeowner made a claim with Citizens Property Insurance Corporation. Citizens inspected the property but did not talk to the roofer and immediately denied the claim. The homeowner retained GFT to file suit against Citizens for her damage. Citizens aggressively defended the case and refused to even negotiate a possible settlement. Citizens claimed that the house and roof were old, and that Hurricane Matthew itself did not cause any damage. At trial, Citizens utilized pictures and reports from prior insurance claims to show the condition of the house. However, a jury believed the homeowner and GFT’s arguments and awarded her 85% of what her expert contractor estimated to repair her home.

Water Damage Claim

In 2019, GFT successfully tried a bad faith case against GoeVera Insurance Company, over improper handling of a plumbing leak claim. The homeowners suffered a loss to their property when a pipe broke in their kitchen. While GeoVera admitted coverage, it didn’t pay for all of the damage to the kitchen. Additionally, even though the homeowners had continuous tile flooring, GeoVera interpreted its own policy in a way to provide less coverage and benefits to the home and in a manner that prevented the homeowners from putting their house back to pre-loss condition. GFT was retained and aggressively challenged GeoVera’s payment and policy interpretation. GFT filed a Civil Remedy Notice to inform GeoVera of its bad faith handling of the claim. GeoVera responded by changing its policy interpretation as to its floor covering endorsement but did not provide additional payment as it related to the actual kitchen loss. Instead, GeoVera put the claim into appraisal, where the homeowners were award almost double the initial payment. The homeowners sued GeoVera for bad faith, and GeoVera defended by claiming it changed its interpretation and that appraisal was the proper policy mechanism to resolve the dispute. GFT argued that GeoVera had the obligation to re-evaluate the claim and not delay payment through the appraisal process. GFT obtained a jury award for every dollar it sought. The damages included not only the extra expenses incurred by the homeowners for the claim and appraisal, but also the increased cost of construction between the entry of the appraisal award and the bad faith trial.

Choose Geyer Fuxa Tyler for Your Property Insurance Claims in Florida

Filing a property insurance claim in Florida doesn’t have to be an overwhelming experience. With Geyer Fuxa Tyler by your side, you gain a committed team of advocates who understand the nuances of property insurance claims and are ready to fight for your rights. Our goal is to alleviate the burden of dealing with insurance companies, securing fair and timely compensation for homeowners facing the aftermath of property damage. If you’re navigating the complexities of a property insurance claim, contact Florida insurance attorneys at Geyer Fuxa Tyler for a consultation and take the first step toward protecting your property and your financial well-being.