Hurricane Irma Insurance Claims Deadline Approaching
September 10, 2020, is the 3-year anniversary of Hurricane Irma making landfall in Florida. This is also the deadline to make an initial insurance claim for property damages caused by Hurricane Irma.
Hurricane Irma caused massive property damage throughout Florida. Residential roof damage is one of the most common types of damage caused by Hurricane Irma. Unfortunately, roof damage can be very difficult, if not impossible, to notice.
The high wind speeds are to blame for much of the roof damage caused by Hurricane Irma. According to the National Oceanic and Atmospheric Administration (“NOAA”), Hurricane Irma made landfall in southwest Florida “as a Category 3 hurricane on the afternoon of the 10th.” Southwest Florida was confronted with sustained winds of 110 mph, and wind gusts exceeding 141 mph. NBC News reported 130 mph wind gusts in Florida.
Unfortunately, since much of the damage caused by Hurricane Irma is on a property’s roof, it can go unnoticed unless properly inspected by a qualified individual. Moreover, it is not uncommon for a contractor to find hurricane Irma damages for the first time several years after the storm due to the hidden location of the damage.
Luckily, the state of Florida gives property owners 3 years to identify and make a claim for losses caused by Hurricane Irma. Specifically, Florida Statute 627.70132 provides as follows:
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.
It is important to note that this deadline is separate from the statute of limitations to initiate litigation. In Florida, the statute of limitations for breach of a property insurance contract is five years from the date of loss. See Florida Statutes, Section 95.11(2)(e). This means that for those who believe their insurance company has illegally withheld insurance benefits, they have until September 10, 2022, to initiate litigation.
At the Cohen Law Group, we have been successful at helping Florida homeowners and business owners collect unpaid benefits on their hurricane damage insurance claims. Even if your claim was completely denied or underpaid, you may be able to collect additional benefits. If you are unhappy with your Hurricane Irma insurance claim results, or are concerned that you may have unclaimed property damage, do not hesitate to contact our office for assistance. We provide free consultations with insurance attorneys. Additionally, if we take on your case, you will not owe us a fee unless we win.
Call Cohen Law Group at 407-478-4878 to speak with Hurricane Insurance Claim Attorney Beau Blackwell, or any of our other excellent attorneys. You may also email me at BBlackwell@ItsAboutJustice.Law.
- Hurricane Irma Data, NOAA: https://www.ncdc.noaa.gov/stormevents/
- Id. at P. 7.
- Hurricane Center Report, P. 5; https://www.nhc.noaa.gov/data/tcr/AL112017_Irma.pdf
- NBC News, Retrieved from: https://www.nbc-2.com/story/38923034/hurricane-irma-timeline
- Therefore, Florida property owners are required to provide notice of claims by September 10, 2020.
COHEN LAW GROUP
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