South Florida Hurricane Damage Attorney

After a hurricane tears through a neighborhood, the subsequent damage claim process can feel confusing and slow. Working with a hurricane damage attorney from Kuhn Raslavich. P.A. can help you understand Florida’s rules, deadlines, and options so you can press your insurer for a fair outcome while you focus on rebuilding.

Hurricanes create several layers of insurance questions at once: wind versus water, roof versus interior, code upgrades, and temporary living costs. Policy language and Florida statutes set the roadmap. Careful documentation, on-time notices, and strategic dispute tools can make the difference between a denied claim and a paid claim.

Florida Deadlines After a Hurricane

Florida law sets a one-year deadline to give notice of an initial or reopened property claim after a hurricane or other weather event, with 18 months for a supplemental claim. The statute defines the “date of loss” for hurricane claims by the National Oceanic and Atmospheric Administration’s event verification, so you should count from the landfall date for your storm. 

Insurers must also move promptly. Florida requires carriers to pay or deny a residential property claim, in whole or in part, within 60 days after notice, unless factors outside their control prevent payment. Understanding this 60-day clock keeps pressure on the carrier and frames any later dispute. 

Florida’s Homeowner Claims Bill of Rights requires your insurer to send a summary of key deadlines and duties within 14 days after your first communication about a claim. That document does not add new rights, but it highlights existing ones so you can track status and request updates in writing. 

Coverage Building Blocks South Florida Owners Should Know

Replacement cost, actual cash value, law-and-ordinance coverage, and loss-of-use coverage all play a critical role in your claim. Florida requires insurers to offer replacement cost and law-and-ordinance coverage options in homeowner policies. These options can significantly change the payment amounts for roof and window repairs and replacements, as well as electrical or other upgrades. Reading these sections closely will help you predict where the carrier may push back. 

Hurricane deductibles also shape the payout. Declarations pages often include a separate percentage deductible for hurricane losses that applies only when hurricane conditions reach Florida. That percentage is applied to your Coverage A dwelling limit or another base defined by the policy, so a larger insured value can mean a sizable deductible.

Documentation makes or breaks the claim. Clear photo and video walkthroughs, dated right after you regain safe access, support estimates, and show the sequence of water intrusion. Keep a simple log of calls, letters, portals, and adjuster visits. Organized files will reduce disputes about what was said or submitted.

Claim Handling Rules That Help Policyholders

Florida aims to prevent claim limbo. Carriers must acknowledge communication within set time frames and explain any denial or partial denial in writing with policy citations. The 60-day pay-or-deny rule serves as a practical deadline for policyholders to escalate concerns if a claim stalls without a clear reason. 

Insurers must provide the Homeowner Claims Bill of Rights within 14 days after receiving an initial communication with respect to a claim. That notice restates your right to receive confirmation of claim receipt, to receive a response within defined time frames, and to use available dispute processes like mediation. Request the Bill of Rights if it does not arrive within 14 days after first contact. 

When damages are widespread, adjusters may be rotated or reassigned. Asking for the current desk adjuster’s name and email each time you speak with the carrier will help you avoid lost messages and missed deadlines.

Ordinance or Law Coverage: Why Code Upgrades Matter

South Florida building codes change as wind standards evolve, especially for roofs, windows, doors, and attachment systems. Ordinance or law coverage pays for the extra cost to bring repaired or replaced items up to current code, which frequently increases roof and glazing project totals. A careful reading will reveal whether replacements must meet the newest uplift ratings or wind-borne debris standards. 

Carriers often ask whether code upgrade costs stem from physical damage or elective improvements. Permits and contractor notes that cite specific code sections can demonstrate that upgrades are required by law, not optional enhancements. These notes can strengthen your position during negotiations.

Dispute Tools: Appraisal, Mediation, and Suit Notice

Florida provides several routes to resolve disagreements about scope or price. Many policies include appraisal clauses for valuation disputes. Florida also offers a state-run mediation program for residential property claims that can help both parties explore settlement with a neutral third party. 

Before filing suit under a property policy, Florida law requires a pre-suit notice of intent to initiate litigation, submitted on a Department of Financial Services form. You must submit the form at least 10 business days before filing a lawsuit, and only after the insurer makes a coverage determination. That notice can prompt a last-chance settlement discussion or narrow the issues. 

Deadlines still apply while you pursue an appraisal or mediation. Make a note of the one-year initial notice deadline and 18-month supplemental deadline to avoid late filings if you discover additional related damage. 

Assignment of Benefits and Contractor Agreements

Assignment of benefits (AOB) rules shifted over the last few years. Policies issued on or after January 1, 2023, generally restrict post-loss assignments that previously allowed contractors to “stand in the shoes” of policyholders. Some policies now require specific acknowledgments if a named insured elects a version with assignment restrictions. Read any contractor agreement carefully and compare it with your policy’s AOB restrictions. 

Direct-to-contractor payments may sound convenient, but they can complicate your ability to steer repairs or control the scope of work. Written estimates and detailed scopes from licensed Florida professionals keep you in control and help the carrier evaluate line items against policy coverage.

Additional Living Expenses and Personal Property

When a home becomes uninhabitable, additional living expense (ALE) coverage can pay for temporary housing, meals above normal costs, and other expenses related to the disruption. Save receipts and keep a simple spreadsheet that compares ordinary monthly costs to storm-related increases. For personal property, a room-by-room inventory using photos, original purchase dates when known, and replacement values will accelerate payment under replacement cost coverage when your policy includes it.

South Florida owners often evacuate for safety, which can affect ALE timing. Insurers may request proof of habitability status, such as a contractor’s letter or a city inspection report. Provide documents early to keep those checks moving.

When a Carrier Disagrees With Your Numbers

Disputes often appear after high-volume events when carriers tighten estimates. An attorney from Kuhn Raslavich. P.A. will compile a clean, chronological file that pairs each contested line item with a photo, code citation, or manufacturer specification. That package will create leverage in appraisal or mediation and will support a pre-suit notice if the carrier refuses to correct errors. 

Delayed decisions can also justify escalation. A lawyer from our firm will point the carrier back to the 60-day pay-or-deny rule and request a written explanation grounded in policy language and Florida law. Written requests will reduce the chances of miscommunication and preserve your rights. 

How We Will Approach Your File

A seasoned attorney will start with deadlines, confirm the date of loss, and verify that the initial notice and any supplemental claims fall within Florida’s reporting windows. The review will include policy deductibles, hurricane triggers, and any other language that affects wind versus water allocation. 

Next comes evidence. Your legal representative will organize photos, videos, estimates, moisture readings, and code notes that show both causation and amount. When the carrier requests an examination under oath or a recorded statement, a lawyer will prepare you so your answers remain accurate and complete.

Finally, your attorney will formulate a dispute strategy. They will evaluate whether appraisal, mediation, or a pre-suit notice best fits your file. If a pre-suit notice becomes necessary, the filing will include the insurer’s coverage determination, your demand, and supporting documentation to drive a resolution before going to court. 

Frequently Asked Questions

What are the primary deadlines for a hurricane property damage claim in Florida?

Florida law sets a one-year deadline for policyholders to give notice of an initial or reopened property claim after a hurricane, and an 18-month deadline for a supplemental claim. Both timelines begin from the storm’s date of landfall.

What is the 60-day rule for my insurance carrier in Florida?

Florida requires insurers to pay or deny a residential property claim, in whole or in part, within 60 days after receiving notice of the claim, unless factors outside the carrier’s control prevent payment.

If my hurricane damage claim is denied or undervalued, what are the formal dispute options in Florida?

Policyholders have access to several formal dispute tools, including appraisal (typically for valuation disagreements), the state-run mediation program, and filing a pre-suit notice of intent to litigate.

Why Choose Kuhn Raslavich. P.A.?

Property insurance carriers pay attention to organized files and clear statutes. A lawyer from Kuhn Raslavich. P.A. will align your documentation with the Florida Statutes that control claim timing, claim handling, and dispute resolution. We will also work with licensed contractors and engineers who understand South Florida code requirements so the record shows why specific repairs and upgrades are required. 

Clients appreciate steady communication during a stressful season. An attorney with our firm will set expectations around the 60-day decision rule, provide calendar reminders for supplemental claim deadlines, and maintain written follow-ups after every key step. A measured, statute-anchored approach will help move your claim from uncertainty to resolution.

Talk With a Hurricane Damage Attorney Today

Hurricane recovery in South Florida depends on timely notices, strong documentation, and steady use of Florida’s dispute tools. A hurricane damage attorney with Kuhn Raslavich. P.A. will guide you through deadlines, code-upgrade arguments, and valuation challenges so your claim follows the rules that insurers must follow as well. Consider a consultation to review policy language and plan the best route toward a fair outcome. Get in touch by using our online form or calling 877-352-7767.