Experienced Fort Lauderdale Property Damage Attorneys for Roof Damage
If your roof has sustained damage from a natural disaster or some other reason covered by your homeowners’ insurance policy, you may be entitled to compensation after submitting your claim. Insurers often deny such claims, however, or otherwise engage in adverse conduct in order to avoid having to pay property damage claims in full. Fortunately, in Florida, you are entitled to sue and recover damages from your insurer for their failure to pay. Contact our Fort Lauderdale property damage attorneys to discuss your case.
Insurer interests are not aligned with those of their policyholders. To the degree that they can avoid having to payout for a property damage claim, they will attempt to do so — whether through denying a claim, delaying a claim, or only partially paying for a claim.
This dynamic can surprise many policyholders who are unfamiliar with the process of submitting a property damage claim and receiving an adequate payout. In reality, policyholders may have to bring an action against their insurer in order to secure the compensation they are owed under their purchased policy.
Delays and Partial Payouts — Challenging the Patience of Florida Policyholders
Insurers often engage in strategies meant to challenge the patience of the policyholder and thereby force the policyholder to accept a lower payout, or to simply resign themselves to no payout. For example, an insurer may excessively delay the processing of the claim, arguing that the delays are due to ongoing investigation of the damage. By doing so, they hope that you — under pressure to fix the roof and no doubt overwhelmed by the proceedings— will simply move forward without waiting for the insurer and potentially give up on dealing with the hassle they created.
Partial payouts — in which the policyholder is offered an inadequate sum, but a sum nonetheless — are another way in which insurers try to goad policyholders into accepting less than what they’re owed under the policy at issue.
It’s worth noting that Florida law may entitle policyholders to bring an independent “bad faith” action against the insurer (which could even lead to punitive damages) if the insurer failed to investigate and pay the claim in a timely manner, or failed to evaluate the claim fairly under the circumstances. Simply put, if there was no valid justification for the denial, then our Fort Lauderdale property damage attorneys may be able to sue and recover damages pursuant to a bad faith claim.
Coverage Exclusion as the Basis for Denial
In homeowner’s insurance policies, payouts for roof damage may be limited due to coverage exclusions.
For example, a roof damage claim may be covered if it is caused by a thunderstorm, but not if it is caused by a hurricane.
Such strict categorization for roof damage coverage often leads to a dispute, particularly if the event leading up to the roof damage at-issue is somewhat muddled — if your roof is damaged in a hurricane (which is covered by the policy), the insurer might claim that it was not actually the wind force of the hurricane itself, but a falling tree that caused the roof damage. You can successfully counter this argument by showing how the hurricane directly caused the tree to fall on your roof.
Contact Our Fort Lauderdale Property Damage Attorneys for a Free Consultation
Here at Maus Law Firm, our Fort Lauderdale property damage attorneys have decades of experience representing the interests of policyholders whose real estate property has been harmed, whether due to a storm, fire, or some other unexpected event — including those which cause damage to the roof structure.
We understand the unique challenges that are faced by policyholders who are attempting to secure an adequate payout through submitting a roof damage claim, and are standing by to assist such policyholders in pursuing litigation against their insurers.