Wind and hurricane damage can be devastating to Florida homes, but what happens when your insurance company denies your claim, claiming the damage is just “wear and tear”? In the attached video, Florida property insurance attorney Ben Raslavich explains why this is one of the most common denial tactics and how homeowners can still protect their right to full coverage.
Insurance companies often try to avoid paying claims by pointing to pre-existing conditions, minor deterioration, or the age of your roof. While older roofs may have some natural wear, storm-related damage is legally distinct from normal aging. Florida law requires insurers to separate the effects of high winds or hurricane damage from ordinary wear and tear, meaning that damage caused by a storm — even on an older roof — is typically covered under your policy.
Legal guidance is crucial when insurers rely on blanket wear and tear exclusions. Experienced property insurance attorneys can review denial letters, inspect reports, and work with independent experts to challenge improper assessments. By acting early, homeowners can ensure their claim is properly evaluated and pursue compensation for all covered damage.
Don’t Let “Wear and Tear” Deny Your Storm Damage Claim
If your wind or hurricane damage claim was denied or underpaid because your roof is older or allegedly poorly maintained, don’t accept that decision. Consulting an experienced Florida property insurance attorney can help you enforce your rights, gather expert evidence, and secure the coverage you deserve. Acting now can protect your home and ensure your insurer honors its obligations.
FAQs
- Can hurricane or wind damage claims be denied due to roof age?
No, insurers must separate storm damage from normal aging. Even an older roof can be covered if high winds or a hurricane caused additional damage. - What types of damage are commonly misclassified as wear and tear?
Cracked shingles, lifted tiles, roof leaks, water intrusion, and structural movement are often incorrectly labeled as deterioration. Expert inspections can clarify causation. - How can I prove storm damage versus wear and tear?
Photographs, videos, roofing reports, and independent engineering inspections help demonstrate that the damage resulted from a specific storm event. Proper documentation strengthens your claim. - When should I contact an attorney for a storm damage claim?
If your claim is denied, underpaid, or disputed due to alleged wear and tear, consult an attorney promptly. Early legal intervention can preserve evidence and maximize recovery.