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Will Your Homeowner Insurance Company Cancel Your Policy If You Make a Claim?

Many prospective clients that contact our office ask making a homeowner insurance claim for storm damage, water damage or a fire, will cause their insurance premiums to go up, or cause their policy to be cancelled.  The response to the question depends partially on the type of insurance claim that you have.  However, Florida Statute 627.4133 states that if you have had your insurance policy for more than 90 days, and the payment of your insurance premiums is current, the insurance company cannot cancel your policy for making an insurance claim after your property was damaged unless there has been a material misrepresentation in your insurance application.

You Have Insurance for When the Worst Happens

Almost everyone in Florida is aware that homeowner insurance premiums have skyrocketed over the past several year.  Your insurance premiums are going up whether you make a claim or not.  But also keep in mind that you have probably paid tens of thousands of dollars in insurance premiums over the years.  You maintain your homeowner insurance policy to help you when you suffer damage to your house, so there is no reason to not use your insurance coverage.

If your insurance claim arises from a named storm, either a hurricane or a tropical storm, or when the government declares an emergency, Fla. Stat. sec. 627.4133 further protects homeowners.  The statute says that an insurance company may not cancel or non-renew a homeowner’s insurance policy which has been damaged as a result of a hurricane or a wind loss that is the subject of the declaration of emergency for a period of 90 days after your property has been repaired.  Your property is determined to have been repaired when it is insurable by another insurance company.  This statute protects you for hurricanes and named tropical storms, but it does not protect you for the many strong windstorms that blow through South Florida during the summer months.

If your claim is the result of a broken drain pipe, broken water supply line or other types of water damage at your house, your insurance company cannot cancel your insurance policy during the term of the policy unless there is a misrepresentation about your application, or if the insurance premiums are not paid.  Fla. Stat. 627.4133 also states that a single claim on a homeowner insurance policy which is the result of water damage may not be used as the sole cause for cancelation or non-renewal of a policy unless the insurer can demonstrate the Insured has failed to take action reasonably requested by the insurance company to prevent a future similar occurrence or damage to the property.

Don’t Be Frightened Away from Making a Claim After Property Damage

Cancelation and non-renewal of insurance policies is a complex area of law.  Many homeowners believe their policy will be canceled if they make any insurance company, and that is not true.  Fla. Stat. 627.4133 provides protections against a policy cancelation or non-renewal in most instances.  And since you have paid so much money to keep your insurance policy, why would you not pursue a claim if your property suffers significant damage?

Even if you’re still concerned, we encourage you to schedule a free consultation with our firm. At the Maus Law Firm, our attorneys help you understand the pros and cons of a potential claim, and will fight for the most compensation possible for your situation. Our Fort Lauderdale location conveniently serves clients throughout Broward County, including Hollywood, Oakland Park, Davie and Pompano Beach. 


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If you or a loved one has been seriously injured in an accident, you deserve an attorney you can trust

– to prepare your case properly, and to obtain the compensation you deserve. The Attorneys at the Maus Law Firm have tried more than 130 jury trials, and recovered millions of dollars on behalf of their clients. In fact, most of our cases are referred from our former clients on cases in which we served as the lead accident claims lawyer.

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