The insurance company paid to replace my roof after Hurricane Irma and closed my claim, can I still make a claim for newly discovered damage?
By Will Davich
In 2017 homeowners across the state of Florida made claims with their insurance companies for damage to their roofs following Hurricane Irma’s devastating hit to the peninsula. Some of those claims were wrongfully denied or grossly underpaid. However, on many of these claims the insurance companies extended coverage for the roof replacement, paid for the roof replacement and closed the claim. Now many homeowners are just noticing damage to other parts of the home that was caused by Hurricane Irma. For example the framing on the screened enclosure/Lanai was compromised or the windows of the home were compromised during Irma and are just now showing symptoms of that damage. If you are in this same boat and wondering “can I file a supplemental claim for damage that occurred from a hurricane that hit over two years ago and the insurance company already paid and closed the claim?” I have some good news for you: the answer is probably YES as long as you didn’t sign a release of all claims in exchange for payment on the initial claim.
According to Florida Statute 627.70132, titled “Notice of Windstorm or Hurricane Claim”:
A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.
Hurricane Irma first made landfall in Cudjoe Key, FL on September 10, 2017 which means you have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma. September 10, 2020 is also the deadline to re-open or supplement a claim that has already been made for damages that occurred as a result of Hurricane Irma. However, you must be aware that most, if not all policies, contain a duty to promptly report any loss, including a loss from a hurricane. Therefore once you become aware that you sustained additional damage from Hurricane Irma you need to supplement your original claim as soon as possible. Finally, if you are unsure if you sustained damage as a result of Hurricane Irma you should ask for an inspection of your property by a qualified contractor, estimator or building inspector-many companies offer this initial inspection free of charge.
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Will Davich, Esq.
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