When Homeowners Face Hurricane Season & Ongoing Property Damage Claims
By Jordan Mejeur, Esq.
Hurricane season is right around the corner and lately we have been getting calls from homeowners asking what they should do if a hurricane or storm damages their property during the time of a pending settlement regarding a prior property damage claim. Here is some helpful information just in case you are faced with this situation for the 2019 Atlantic hurricane season which runs from June 1st to November 30th according to the National Oceanic and Atmospheric Administration (NOAA). (1)
Below are some general guidelines of what homeowners should do before and after the storm, even if you have an ongoing prior claim.
Before the storm – check your policy and document your property.
First, you should always check your insurance policy (every year) to make sure you have the appropriate coverage for your property.
If you have an ongoing property damage claim, the policy for the previous claim may have expired or otherwise renewed by now, so you want to make sure your new policy has the appropriate coverage. Even if you maintain a policy with the same carrier over many years, the carrier may add new forms over time, so don’t do what everyone else does and throw your insurance mail in the trash without reading it.
Generally speaking, you want your homeowners policy to be a Replacement Cost Value policy (opposed to an Actual Cash Value policy, which is Replacement Cost Value less depreciation) that includes coverage for hurricane damage (otherwise referred to as a “named windstorm”- and be aware of the hurricane deductible which is generally higher than your “other perils” deductible) and coverage for law and ordinance – the increased cost of construction necessary to conform to current building codes and ordinances.
(Is your head spinning yet? There’s more to come but not to worry, we’re here to help.)
Also, be aware of any limitations of coverage in your policy, for example, “caps” on water damage and mold damage. Considering Florida is a humid southern peninsula, I would recommend not purchasing a policy that carries low limits for water damage. Additionally, most standard homeowners policies do not cover damage resulting from flood, even if the flood resulted from a storm surge during a hurricane, so you will need a separate flood policy.
Second, you need to document your property.
Take photographs of the exterior and interior of your home, including its contents, and store the photographs for safe keeping. It may seem redundant, but those photographs could be invaluable if you have a claim and a dispute arises with your insurer as to whether or how your property sustained damage after a storm.
For example, your policy will not cover preexisting damage, but if you were able to show photographs of the undamaged property before the storm and photographs of the storm-damaged property, it will help eliminate that potential dispute. Also, your home inspection report you likely obtained when you purchased your home is another good resource to assist in eliminating any disputes over whether your property had preexisting damage.
Protect your property and get it fixed.
Upon learning of an impending hurricane or storm (hopefully you will have already done the initial steps outlined above), make sure your home is “buttoned up.” If you have prior damage that still has not been repaired from an ongoing claim, I would recommend getting the damage repaired immediately, if possible, as doing so will help you in the following ways:
(1) All policies impose a duty on the homeowner to protect the property from sustaining further damage, and repairing old damage will help prevent any new damage being exacerbated.
(2) If you have to make a claim for new damage resulting from a new storm, it will help eliminate a potential dispute with your insurer regarding “overlapping” of damage from the previous claim if your property was already repaired (and of course, you took photos).
(3) If your old policy is expiring soon and you have already repaired the damage from the prior claim, it will help you obtain a new policy even if you have to look to another insurance company.
Again, take photos of the repaired property and store them so you can show your insurer both the pre- and post-storm state of your property if you have to make a claim for new damage.
After the storm – thoroughly inspect your property and timely notify your insurer if you find new damage.
After the hurricane or storm passes and it is safe to venture outside, thoroughly check the exterior and interior of your property, including your attic if you have access to check for any roof leaks. If you do not have the ability to thoroughly check your property, ask a friend or call a contractor.
If you find that your home has sustained damage, take photographs and call your insurance company to timely notify your insurer of the new damage. If you followed the steps outlined herein, it will help streamline the claims process if you have to make another claim for new damage resulting from a new storm.
This blog discusses the general guidelines of what a homeowner should do if your property sustains new damage during an ongoing prior claim, however, each claim and case are different in their own respects. If you need assistance or have questions about an old or new insurance claim, please call our experienced attorneys at Cohen Law Group for a free consultation.
Jordan Mejeur, Esq.
References:
(1) https://www.nhc.noaa.gov/climo/
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