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What is Property Insurance Litigation?

 

Property insurance litigation typically involves litigation on a first party basis under either a commercial, homeowners, or renters insurance policy. Essentially, it's a claim against your insurance carrier to cover the losses you have sustained. Your insurance carrier may be liable to you under a variety of circumstances if damage to your property occurs. Damage to your business, or property as a result of fire, smoke, rain, hurricanes, or wind related damage is likely a covered event under your property insurance policy. A renters insurance policy may also cover loss due to  fire, smoke, flood, rain, or theft. 

 

When your property insurance carrier fails to cover or fails to adequately cover the loss to your residential or commercial property, you may make claim against your insurance carrier. This is when your insurance carrier is liable to you, rather than a third party. For example, your rental property is damaged due to a flood, your property insurance policy is liable to you for the damages, (first party). However, if for example, your family dog bites someone on or off your property, your insurance carrier may be liable to another or third party. Further, Florida statute allows for the recovery of attorney fees directly from your insurance carrier and not from any monetary damages you may recover. In essence, attorney's work for you free of charge to you. 

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In general, if your property is damaged due to fire, water, wind damage, or another type of loss, your property insurance carrier may be liable. These claims fall under one of two categories, a denied claim, where the insurance carrier outright denies liability for the damage, or scope and price claims, this is where your homeowners insurance carrier pays you for the damage but doesn't pay you enough, or pays for some areas of damage and not others, or a combination of the two. 

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As a policy holder, you have certain duties and responsibilities under the contract. Equally, your insurance carrier also has duties and responsibilities under the contract that must be abided by. Your duties are generally referred to as conditions precedent. They must be met in order to recover under the Insurance Policy. However, most policy holders are not aware of what duties they are obligated to fulfill, and often fail to abide by them. Further, policy holders typically make their case worse by making statements alleging something that falls under exclusionary provisions under the terms of the policy based on myths they've heard about making a claim.  However, this does not mean that recovery is impossible. Hiring an experienced attorney to litigate your case can make all the difference!

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• HURRICANE OR WIND DAMAGE 

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Damage to property as a result of a hurricane is generally classified as wind damage which is the primary loss. Many homeowner policies will not cover damages to the interior of your home without a wind storm creating an "opening" in the roof or exterior of your property in which those outside elements such as rain can then enter through that opening. However, what constitutes an "opening" is not so clear. Further, many carriers will blame the lack of a readily apparent opening on wear and tear to the property or roofing system and deny your claim. Further, most property owners will not make periodic checks of their roof to inspect for damage. As a result, when wind damage occurs, the property owner is not aware until rain water starts to enter their home. 

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At Locay Law, we know how to distinguish the different cases and causes of loss. Additionally, we know how to work around the intricacies your property insurance policy. We have experience litigating hurricane and wind storm cases and have obtained significant compensation for our clients in the past. We have taken cases that other firms have turned away and recovered for the property owner. We have also received significant additional money from insurance carriers when they have underpaid the claim. We are happy to asses your claim whether your insurance carrier has outright denied your claim or made payment on your claim. They may still owe you additional money. Text, Email, or Call! We want to hear from you!

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• PLUMBING/WATER LOSS

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Water damage due to a plumbing line issues are a very common occurrence. Often the leak or amount of lost water is minor in nature but results in a lot hidden property damage. Sometimes in a slow drip under neath your sink, the water pools up behind the cabinets and seeps into the particle board or wood cabinets and cause the wood to expand leading to cracking or staining. The cabinets may be rotting away on the interior, while the surface of the cabinet exhibits only minor water staining.  Instances like this can happen in the shower pans as well. This happens often and most property owners are not aware they can make a claim through their property insurance. 

 

Water damage can effect any area of the home or property. Some other commonly effected areas which are not immediately noticeable, base boards, interior cabinets, drain pans and drain lines. This can also lead to mold damage that tends to get worse when left un repaired and un treated. Often these areas of damage go unnoticed until the problem is severe. Insurance carries will mistakenly label this as pre-existing damage and outright deny your claim as a result. Under most polices, carriers are responsible for any new damage that results from a water loss, however minor. Further, they are responsible for the continuous nature of the damage. For example, if your wood floor has sustained water damage in the kitchen, and the wood floor extends into the living room, dining room, and bedrooms, assuming the carrier is liable for the wood floor damage in the kitchen, then the carrier would be responsible for the entire wood floor, which must be replaced. The same applies and extends to cabinets, base boards, etc.  

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At Locay Law, we understand these situations are not the property owners fault. We have the experience and knowledge to effectively advocate on your behalf and distinguish between pre exiting damage and new damage. We know that the insurance carries often mistake one cause for another. We have the skill and experience to fight for your rights in court in these very situations. They may still owe you additional money. Text, Email, or Call! We want to hear from you!

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• FIRE DAMAGE

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Unlike most types of water damage, fire damage is often readily apparent to the home or business owner. However, the damages may likely be deeper than the observable surface damage barring a total loss of the property. The damage to property as a result of a fire can be burned, or charred cabinets, furniture etc. Smoke can further damage the property by leaving a residue across the entire home. Smoke damage alone can be widespread. For example, a fire that breaks out in the ceiling or roof will not only result in immediate damage from the fire, but can also result in smoke damage throughout the ceiling and attic, contaminating the insulation and coat the entire property with a thick residue and  a smell reside through the entire home.   Sometimes, fire damage leads to a near total loss of the property or home, but not always. Smoke damage and the heat from a fire can effect numerous portions of your home or business that are not immediately observable.

 

Typically, the damage from fires are apparent to your insurance carrier and they will typically cover these claims. However, they often mistakenly under value the claim due to the hidden nature of damages that often arise from fires, such as hidden smoke damage in the attic of the property. Sometimes the adjuster misclautles the scope or unit prices.  As a result, they under pay your true damages despite having an adjuster asses the loss. 

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At Locay Law, we have experience litigating these types of claim and help ensure the full scope and cost is recovered by the property owner. Further, we have the resources and the professionals to asses these damages in there entirety. We can utilize these resources knowledge and skillset to help you recover the full value of your claim. They may still owe you additional money. Text, Email, or Call! We want to hear from you!

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• FLOOD DAMAGE

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Flooding can be catastrophic to your home or business. If flooding reaches the interior of your property, in addition to most of the contents inside being a total loss, your home or business may suffer 100's of thousands of dollars in damage. Flood remediation often involves tearing the interior of the property down to the block and rebuilding from scratch. If the frame of the home is made primarily of wood rather than cinder block, the entire house may need to be demolished and rebuilt. As you can imagine, this is very costly. 

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A flood by the terms of a property insurance policy is a weather related event. This type of water damage is distinct from a water loss claim due to rain or plumbing issues. Due to the serious nature and the amount of property damage in a given area a flood can cause, most property insurance polices will exclude floods as a covered event, and require a separate policy naming floods as a covered peril. Often, in the claims process dealings with floods, areas of damages are overlooked when the insurance companies pays on the claim. Items such as furniture or property fencing can easily be overlooked by the carrier and by you. For a variety of reasons, the insurance carrier may under pay the claim mistakenly, but believe they have paid the correct amount for your loss. Sometimes they may even out right deny your claim alleging you failed to abide by a condition precedent. 

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We understand flood damage and the toll it takes on families and businesses.  Your home and business are importnat, often this is more than just walls and a roof. It's a place of memories, a place where you have poured your heart and sole into.  Our firm understands this basic principal and thats why it is important to us. We will fight hard for any and all compensation you are owed. We will ensure that the insurance company understands the severity of the issues. We have years of experience in property loss litigation and know how to fight on your behalf. They may still owe you additional money. Text, Email, or Call! We want to hear from you!

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• THEFT

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Most property insurance policies cover theft of contents. This coverage is not limited to businesses, your homeowners or renters insurance may also cover theft as well. For example, if someone breaks into your home and steals your laptop, televisions, or even furniture, you may be able to recover money for that property subject to the terms of your policy.  If you own a business, if someone steals the inventory merchandise. You may also be able to recover under your business insurance.

 

Often an insurance company will deny your claim because you do not have receipts to prove you owned what was stolen. However, not having receipts does not necessarily bar you from recovery. There are other methods in which you can prove you owned what was stolen. Sometimes possessions in your home were given to you, or purchased so long ago that you do not have any receipts to verify that you owned the items. Sometimes the insurance carrier will even under pay for some of the items stolen for a variety of reasons, or pay for some things and not others. You should be compensated to the fullest extent of the law for everything that was taken from you.

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We understand showing proof of what was taken in your home or bussneiss can be difficult, particularly if the items were purchased a long time ago. Receipts fade easily and not everyone keeps their receipts. This shouldn't bar you from obtaining the compensation that is rightfully owed to you. We have a lot of experience litigating these very issues and understand the complexities that sometimes come with these claims and how frustrating it can be after you have already gone through so much. If your claim was under paid, outright denied, we will fight to get you the compensation you deserve. They may still owe you additional money. Text, Email, or Call! We want to hear from you!

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