Florida and Louisiana Windstorm Insurance Claims Attorney
At Parrish Law, we understand the devastating impact that windstorm damage can have on your property, your finances, and your emotional well-being. Dealing with an insurance company can be overwhelming and frustrating, especially when your claim is denied or undervalued. We are here to help you navigate the complex process of filing and settling windstorm insurance claims so that you can focus on rebuilding and moving forward.
Understanding Windstorm Coverage and Exclusions
It is also important to note that windstorm insurance policies always contain coverage limitations and exclusions. Thus, it is essential to review your policy carefully and understand what is covered and what is not.
One of the most important aspects of windstorm insurance claims is determining the cause of the loss. Wind damage may be excluded if it is determined by your insurance carrier to be the result of pre-existing wear and tear or deterioration of the property. That said, many insurance companies and their adjusters attempt to apply these exclusions to your claim even if your property had no pre-existing deterioration and, in reality, your claim should have been covered. To ensure that your claim is not denied or undervalued (especially where your insurer has raised these and/or other exclusions under your policy), it is essential to hire a forensic expert witness who can differentiate between wind damage and other types of excluded damage, such as flood damage.
Another important aspect of windstorm insurance claims is the “no wind created opening” exclusion. This exclusion states that interior water damage to a property is only covered if there is damage to the exterior of the property caused by wind that allows the rainwater to enter the envelope of the building causing such interior water damage. This means that if your property is damaged by wind but there is no evidence of wind-created openings, your claim for interior water damage may be denied. In many cases, the success of a policyholder’s claim for interior water damage caused during a windstorm may require the difficult task of finding this “wind created opening” – which may, depending on the circumstances, be like finding a needle in a haystack. This is, again, a reason why it’s so important to have the right experts involved in your claim.
Meeting Deadlines and Post-Loss Duties
Additionally, windstorm insurance claims have strict deadlines for claim filing (pursuant to (a) the policy language, (b) the state statutory framework with respect to these claims, and (b) the applicable common law and/or judicial precedent for previously decided similar cases). It is important to file your claim as soon as possible to avoid missing any critical deadlines and so that you don’t prejudice your insurer’s rights with respect to investigating and adjusting your claim. Once your claim is filed, you may need to present additional evidence and then negotiate with (or sue) your insurance company to obtain a fair settlement.
Finally, policyholders have post loss duties under their insurance policy that must be complied with. This can include providing prompt notice of the loss, cooperating with the insurance company’s investigation, and providing documentation or evidence to support the claim. Failure to comply with these post loss duties can result in a denial of coverage. We can help you understand and comply with your post loss duties so that you do not lose out on the coverage you deserve. Our experienced attorneys can help you interpret the language of your policy and ensure that you receive the coverage you are entitled to for your insurance claim.
Contact Parrish Law Today for a Free Consultation
At Parrish Law, we have a proven track record of achieving excellent results for our clients in windstorm insurance claims through (a) pre-suit negotiation, (b) mediation, appraisal, and/or arbitration, and ( c) litigation. If your windstorm insurance claim is denied or undervalued, you may have legal options under state law for breach of contract or bad faith. We can help you understand your rights and represent you in federal court or in appeals if necessary.
At Parrish Law, we take great pride in our work and in treating our clients like family. We understand the emotional and financial toll that windstorm damage can take on your life, and we are committed to helping you recover and rebuild. Contact us today to schedule a free consultation and learn how we can help you with your windstorm insurance claim.