During our Tuesdays at 2 With Chip series with Kelly Kubiak and myself, we warned of the upcoming September 10th statutory deadline to file claims for recovery from Hurricane Irma damage. We predict that this is going to provide all sorts of litigation regarding this statute because many policyholders—especially policyholders with claims disputes which delayed initial payment—are not finished with their construction and still finding hidden losses from Hurricane Irma.
Merlin Law Group attorney Larry Bache warned about the deadline statute in,
Florida Statute 627.70132 Provides Three Years From Landfall To Report Your Hurricane Claim:
This statute has a great impact on Florida’s policyholders. An insured must report the claim within three years of the date the storm makes landfall or causes damage to property. Why is this significant? I think it highlights the importance of Florida’s public adjusters and attorneys that represent and advocate for policyholders. An insured must get it right, the first time. Often, presenting a claim to a carrier requires line item estimates and engineering reports to ensure that all of the benefits under the insurance contract are being honored and to help recognize certain damages that may not manifest themselves to the naked eye until years later.
These ‘supplemental’ or ‘reopened’ claims as they are referred to, are often the result of a failure of an insured to properly present the claim and/or the carriers failing to fully investigate the reported claim. Either way, it impacts every policyholder and substantiates the need for the retention of an insurance professional that will fully inspect the property damage and properly present the claim.
September 10th is now less than three months away. Those with pending claims who are in the process of rebuilding should be certain that the entire loss is investigated, evaluated, and reported to the insurance company.
This statute and its meaning will get tested as a result of Irma claims that are still outstanding. The deadline is only helpful to insurance companies that will use it to deny otherwise valid benefits that are owed.
The End is Near. Take immediate action on all pending Irma claims so they will not be denied by the upcoming deadline.
Thought For The Day
Deadlines aren’t bad. They help you organize your time. They help you set priorities. They make you get going when you might not feel like it.