Since I was a detective working financial crimes investigations documentation has been the most important and effective tool in obtaining the desired outcome. This sentiment especially holds true in the space of property insurance claims. Unfortunately, all too often I see homeowners who have not documented damages, storm events, prior work or repairs on the property, individuals who have inspected the property, etc. In the event of a hurricane, documenting the condition of the property before the hurricane and after the hurricane can go a long way in having a successful result with the claim. Having documentation related to a homeowner’s maintenance of the property can show that the homeowner has complied with the policy in properly maintaining the property. Properly documenting is one of the easiest ways to put your claim in the strongest position to get approved, whether that be during the normal claims process or down the road, potentially in litigation. If for some reason your claim is denied or underpaid, but you have the proper documentation, you give your attorney the strongest position you can in order to fight to obtain your rightful outcome. Having this type of documentation can result in defeating specific defenses that are often raised by insurance companies in litigation such as pre-existing damages, improper installation, construction defect, or mechanical damages.
Unfortunately, the insurance climate in Florida has put homeowners on the defensive. It is now incumbent on homeowners to put themselves in the strongest position from the beginning. This doesn’t start with when the storm damage is noticed or when the claim is made. It starts now. Insurance companies are not out for the best interest of the homeowner. Insurance companies are for profit companies that make money off the premiums homeowners pay.
I would recommend at a minimum to document the condition of the property each year and during that year after each significant storm event, whether it be hail, tornadoes, or strong winds. Not only will you put yourself in the most advantageous position during any potential claim, but you will put your potential attorney in a very strong position to obtain the right result for you.
Brandon Pharis, ESQ.
Cohen Law Group
