Hurricane Irma,… and now the Insurance Company Won’t Pay your Real Estate Damage Claim?!

Hurricane Irma hit us hard, and now, your home or investment property was damaged – roof, broken windows, flooding, maybe the infrastructure was taxed and pipes burst. You’ve been paying your insurance premiums for years, and naturally, you file your claim. If your insurance company denies your claim or pays you substantially less than is needed to properly repair the damages; that’s where we can help!

Typically, working with public adjusters, our legal team can issue demands and bring legal action to ensure you receive what you’re entitled to. Many times, it starts with delays in responding to your claim. The Florida statutes require homeowner insurers to promptly respond to homeowners’ efforts to communicate. In addition, unless there is something outside of the insurers’ control stopping them from making payment, the Florida statutes require insurers to pay or deny each claim within 90 days of the date the claim is reported.

Generally speaking, insurers tend to reject claims on the basis that the insurance claim is not covered by the homeowners’ insurance policy. Typically, if a hurricane hits, an insurer usually gives you 1 of 4 reasons why it’s NOT covered:

  1. the damage is caused by flooding not covered by the policy;
  2. the homeowner failed to promptly report the damage to the insurer;
  3. the damage pre-existed the hurricane; and
  4. the damage was caused by the constant or repeated seepage of water and not a sudden burst of water into the property.

Claims adjusters and management should not wait until a hurricane hits to make sure that they are ready to handle the onslaught of claims and cases that will follow after any hurricane in Florida. Although there is no definitive Florida law on what is the proper cost of repairs under all of the different circumstances that could arise, it is important for both the homeowner, the associations and businesses to obtain a responsive and cooperative insurer to work with to assure that repairs are done. Otherwise, the insurer’s lack of cooperation serves as the basis for a lawsuit! In that regard, the Reyes Law Group is here to assist homeowners, condominium and homeowner association boards and directors, and business owners pursue their claims and the litigation necessary to assure you recover what you’re entitled to!

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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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