South Florida Storm Damage Claims Attorney

Florida homeowners know how fast a normal afternoon can turn into a wind-and-water mess. After a hurricane, tropical storm, or severe thunderstorm, claim questions come fast. What is covered? How fast must the insurer respond? Which records matter most? A seasoned storm damage attorney will focus your claim on the rules that actually drive results in Florida, not guesswork or rumor.

Kuhn Raslavich. P.A. handles insurance disputes across the state. When a claim goes sideways because of delay, underpayment, or denial, a skilled lawyer with our firm will use Florida’s claims-handling deadlines, your policy language, and the right dispute-resolution tools to move the file toward a fair outcome. Contact our office to learn how we can support you.

Understanding Florida’s Claim Rules After a Storm

Florida law sets concrete timelines that insurers must follow once you report a loss. Insurers must acknowledge initial claim communications within seven calendar days unless they pay within that period or circumstances outside their control prevent it. Decisions on paying or denying must come no later than 60 days after notice of the claim, again subject to narrow exceptions. Those timeframes matter because interest can attach to late payments, and delays become part of the record. 

Policyholders also receive a Homeowner Claims Bill of Rights summarizing key protections. The insurer must provide that summary within 14 days after the first communication about the claim.  Using these rights in writing helps keep your claim on schedule. 

An experienced attorney will anchor every communication to state law. That approach keeps the discussion focused on deadlines, documentation, and measurable next steps rather than vague promises.

How Insurers Must Respond Under Florida Law

Florida’s insurance code prohibits unfair or deceptive practices, including misrepresenting policy terms or failing to act promptly when liability becomes clear. Citing these prohibitions in a measured way can help correct course when a claim stalls. 

Adjusters must document when they acknowledge the claim, what they requested from you, and how they evaluated coverage. When you supply estimates, photos, and receipts, the file should reflect review within the statutory timeframes. An effective lawyer will request the claim timeline, the written coverage position, and any engineer or contractor reports to ensure the carrier’s actions comply with the law. 

Florida’s statutes also require payment of undisputed benefits without delay. If the insurer agrees that part of your roof or interior requires repairs, that portion should be paid even while other items remain under review. That distinction often forces movement on the essentials while larger pricing or scope disputes continue. 

Storm Damage Attorney: Mediation, Appraisal, and Neutral Evaluation

When a claim dispute turns on price or scope (what must be repaired or replaced), Florida offers alternatives to court. Residential property claims may use the Department of Financial Services (DFS) mediation program, a non-binding process where a certified mediator works with you and the insurer to resolve differences. Understanding when to request mediation and how to prepare a clean, organized package can shorten the timeline to resolution. 

Many property policies also contain an appraisal clause. An appraisal addresses “how much” the loss costs, not “whether” the policy covers it. A skilled attorney will evaluate whether mediation, appraisal, targeted negotiation, or litigation best fits your case based on the exact coverage dispute and the carrier’s documented position. Preparation often includes line-item estimates, photos mapped to rooms or elevations, and receipts tied to specific policy provisions. 

Flooding Versus Wind: Why Coverage Lines Matter

Most homeowner’s policies cover wind damage but exclude flood. After a storm, losses can involve both: wind tears shingles and water enters through openings, while rising water from storm surge or heavy rain may flood the first floor. The National Flood Insurance Program (NFIP) emphasizes that flood coverage is a separate policy and notes that most homeowners’ insurance policies do not include flood coverage. Getting the water source correct is key to coverage. 

Policyholders who carry NFIP coverage should read the Standard Flood Insurance Policy terms and deductibles, which outline what structures and contents are covered and what exclusions apply. Timing matters because NFIP policies bar loss in progress. Clear, time-stamped photos and notes help confirm when damage occurred relative to policy terms. A capable lawyer will cleanly separate the wind and flood portions, so each carrier addresses its share. 

Florida homeowners without flood coverage can still obtain compensation for wind-driven rain if wind created an opening in the structure, subject to policy language. Correct classification of the water source prevents unnecessary denials and narrows the dispute to valuation rather than coverage.

Building a Strong Claim File for South Florida Weather

Storm claims live or die by documentation. Carriers evaluate evidence against policy terms, estimating software, and Florida’s claims-handling rules. Your goal is a file that documents your home’s condition before the storm, the damage after, and the cost to return the home to its pre-loss condition.

Your attorney will encourage you to assemble a package that aligns with how adjusters actually review files. That package should link each damaged component to photos, measurements, line-item pricing, and code requirements. When a carrier requests more information, respond in writing and reference the statute-driven timelines for decisions. 

Core Documents to Organize

• A room-by-room estimate with quantities, measurements, and manufacturer details.

• Photos labeled by elevation and interior room, with dates and brief captions.

• Receipts and invoices for temporary repairs and additional living expenses, matched to policy provisions.

Scope, Pricing, and Code Upgrades

Many storm disputes boil down to scope and pricing. Replacement of a continuous roof slope, matching of tile or shingles, and repair of water-damaged interiors all turn on evidence and policy terms. When a carrier approves partial repairs, undisputed amounts should be paid even while other items remain contested. A diligent lawyer will push for payment of those undisputed benefits and will document code-driven items that affect scope. 

City and county code requirements can trigger additional costs for roof fastening, underlayment, or window protection. If matching materials are unavailable, the question becomes whether replacement of contiguous areas is required for a uniform appearance. Clear photos and supplier statements support that logic. Your attorney will also explore whether appraisal or DFS mediation can efficiently close the remaining gap. 

Spotting and Addressing Unfair Claim Practices

Florida prohibits misrepresenting pertinent policy facts, failing to adopt standards for proper investigation, and not attempting in good faith to settle when the obligation is reasonably clear. When an adjuster’s actions conflict with those rules, a precise, statute-cited letter often shifts the conversation toward compliance. 

A measured lawyer will ask for the complete claim file notes, all third-party reports, and written explanations for each denial reason. Requests may reference the seven-day acknowledgment rule, the 60-day decision deadline, and the duty to pay undisputed benefits. That method enforces accountability without needless escalation. 

If the carrier continues to ignore the evidence or refuses to follow its own timelines, a complaint to state regulators may be appropriate. Meanwhile, mediation can often resolve dollar amount disputes faster. Your attorney will map each option against your goals and the size of the dispute. 

How Kuhn Raslavich. P.A. Will Drive Your Claim

Kuhn Raslavich. P.A. often resolves first-party property disputes by aligning the claim with the governing Florida statutes, the exact policy language, and credible estimates. A detail-oriented attorney from our firm will review your declarations page, endorsements, and exclusions to confirm which portions of the loss are covered and which require separate policies, such as flood. 

When we communicate with the carrier, we will highlight statutory timeframes and request written positions tied to facts. When the dispute centers on dollars rather than coverage, we may consider DFS mediation or appraisal to isolate the amount of loss and reduce delay. 

If the carrier engages in practices barred by statute, we will document those practices to preserve a record. Our team will then use that record to obtain all remedies you deserve, including interest on late payments and other relief when warranted. We will keep the focus on evidence, deadlines, and solutions that return your home to its pre-loss condition as soon as possible. 

When You Need a Storm Damage Attorney in South Florida

Complex storms can cause significant losses, including wind damage, rain intrusion, and, in some cases, flooding. Florida’s rules give you tools to keep the insurer moving, and your policy gives the framework for scope and pricing. 

When you want a team that understands post-storm recovery, Kuhn Raslavich. P.A. will apply Florida timelines, dispute-resolution options, and policy terms to press for fair payment. A results-minded lawyer will use the evidence you already have, fill the gaps with targeted inspections, and select the best forum to resolve disputes. 

A knowledgeable storm damage attorney with our firm will bring structure to a chaotic claims process. With a clear file, statute-anchored requests, and the right dispute-resolution path, your claim stands a far better chance of timely, accurate payment under Florida law. Call 877-352-7767 or use our online contact form to lock in a free case evaluation.

Frequently Asked Questions

What are the key deadlines my insurer must follow in Florida for a storm damage claim?

Florida law requires insurers to acknowledge initial claim communications within seven calendar days. They must then make a decision to pay or deny your claim no later than 60 days after receiving notice of the claim, unless there are factors beyond their control.

What is the difference between wind and flood coverage for South Florida storm damage?

Most standard homeowner’s policies cover wind damage but specifically exclude flood damage. Flood coverage, which covers rising water from storm surge or heavy rain, requires a separate policy, typically through the National Flood Insurance Program (NFIP).

What alternatives are available if my storm damage claim is underpaid or denied?

Florida offers the non-binding Department of Financial Services (DFS) mediation program and most policies contain an appraisal clause (which addresses the cost/scope of the loss, not coverage). Filing suit for breach of the insurance policy is also an option.