Experienced Storm Damage Claims Attorneys on Florida's Gulf Coast
Tampa storms do not just shake windows and trees. They can leave families fighting with insurance companies about roof damage, water stains, or ruined flooring. However, a Tampa storm damage claim attorney can help local homeowners facing an insurance dispute.
Florida property insurance rules changed several times in recent years, and many Tampa residents feel caught in the middle. Tampa homeowners and business owners need clear information about how storm claims work, what to do when a claim stalls, and how Kuhn Raslavich, P.A. can step in when a carrier refuses to play fair under Florida law.
Storm Damage in Tampa: Why Claims Feel So Complicated
Storm damage in Tampa rarely looks simple. One weekend storm might loosen shingles, a later squall can push rain into the attic, and another windy day might finally send water down the walls. Insurance adjusters often argue that part of the damage is old, part is due to poor maintenance, and only a small portion is tied back to the covered storm. However, working with a storm damage claim lawyer can help level the playing field.
Claim files also become complicated because different aspects of a storm manifest in various ways. Wind can tear shingles or crack tile, but the leak may not leave a stain on the ceiling until weeks later. Gutters may pull loose several feet away from the obvious damage. Carriers sometimes seize on these gaps to argue that the loss falls under exclusions for wear and tear rather than a sudden storm event.
Tampa residents also face issues tied to repeated storms. A roof that lasted through earlier hurricane seasons can fail when a newer system pushes water into already weakened areas. When that happens, insurers often try to split the claim into pieces, paying for only a portion of the repair and blaming the rest on age. Policyholders who understand how storm claims work in Tampa are in a stronger position to push back.
Key Florida Rules That Shape Your Storm Claim
Florida statutes set basic ground rules for property insurance claims, including storm losses. One key rule requires your carrier to acknowledge a communication about a claim promptly and to initiate an investigation. An insurer must review and acknowledge a claim communication within seven days and – unless something beyond their control happens – must generally pay or deny the claim within 60 days after receiving notice. A legal professional familiar with these deadlines is better positioned to question prolonged delays and challenge an adjuster who goes silent.
Notice deadlines for storm claims also changed. You must report a property claim or a reopened claim within one year of the date of loss, and any supplemental claim within 18 months of the loss date. Other timing rules apply for weather events such as hurricanes, tornadoes, windstorms, and severe rain. Missing these notice deadlines can bar additional recovery, even when the damage clearly results from a covered storm.
Insurers must offer a separate hurricane deductible, which applies only when a storm meets specific criteria. The hurricane deductible section of your policy should explain how much must come out of your pocket when a storm impacts the Tampa area, and when the standard deductible should apply instead of the higher hurricane deductible.
Deadlines and Notices After a Tampa Storm
Insurers must also adhere to specific timing rules for claim acknowledgments, investigations, and decisions, while policyholders must meet shortened notice deadlines for initial, reopened, and supplemental claims. Deadlines governing the time to report property claims and additional damage depend on the date of loss. If the damage occurs due to a hurricane, for instance, the date of loss may be tied to the landfall date or otherwise verified by the National Oceanic and Atmospheric Administration (NOAA).
Homeowners who repair part of the damage and later find hidden problems often need to file a supplemental claim. Florida’s notice rules treat supplemental claims differently from reopened claims, but both must follow the strict time limits mentioned earlier. Tampa residents who keep repair invoices, contractor reports, and photographs in one file typically find it easier to demonstrate when the damage first appeared. They also usually have an easier time showing that additional losses are connected to the original storm.
Time limits for lawsuits are also strict. An action for breach of a written property insurance contract generally must be filed within five years from the date of loss. This means that a homeowner can still pursue a lawsuit even after the notice deadline has passed, as long as the initial notice was provided in a timely manner under the law. A property insurance attorney can review your policy and claim history, and answer questions about how these deadlines fit together.
Reading Your Policy: Wind, Water, and Hurricane Deductibles
Policy language turns storm damage claims into a detailed puzzle. Coverage sections distinguish between wind, wind-driven rain, interior water damage, and flooding, with each piece often governed by a separate exclusion or limitation. Many Tampa policies exclude flood damage unless you carry a separate flood policy through a private insurer or the National Flood Insurance Program, while still covering wind damage and resulting interior water damage when the storm opens a hole in the roof or walls.
Hurricane deductibles add another layer. Florida’s hurricane deductible rules state that the percentage deductible applies to windstorm losses resulting from a hurricane, and state consumer guides from the Florida Department of Financial Services explain when a storm meets that standard and how long the hurricane deductible period lasts for a given event.
Another Source of Confusion
Confusion also arises when a storm exposes long-standing weaknesses in a structure. A roof may show signs of aging, but if covered wind damage is part of the cause, the carrier must separate the covered loss from the excluded deterioration. It cannot simply blame everything on wear and tear. Policyholders who review the exclusions, endorsements, and deductible provisions before large storms arrive can make more informed decisions about repairs, mitigation, and claim strategy.
Options When the Insurance Company Says No
Claim denials and lowball estimates continue to be common sources of frustration in Tampa storm damage claims. Carriers may argue that damage is cosmetic only, that water intrusion came from ongoing leaks, or that part of the claim falls below the deductible even after a major storm. In such situations, a seasoned lawyer will evaluate the denial letter, the adjuster’s estimate, and the inspection photographs to identify where the carrier may have misinterpreted the policy or the facts.
Several dispute resolution options exist before and during litigation. The Florida Department of Financial Services offers a residential property mediation program. This program lets policyholders and insurers meet with a neutral mediator in an informal setting to try to reach a voluntary resolution of the claim. Florida Administrative Code Rule 69J-166.002 explains how mediation works for commercial and residential claims, as well as which disputes qualify. Policies may also contain appraisal provisions that allow each side to select an appraiser to value the loss, with an umpire breaking the tie if the appraisers cannot agree.
When Tampa homeowners push back against an unfair denial or delay, practical steps often include the following. A property owner who takes these steps builds a clearer record of the dispute and puts the insurance company on notice that the claim will not simply fade away.
- Requesting a detailed written explanation that ties each coverage position to specific policy language and facts in the file.
- Gathering independent contractor or engineering opinions that address the cause and scope of storm damage.
- Reviewing deadlines under Florida law to confirm that the carrier met its duties and that any additional claims remain timely.
- Considering mediation, appraisal, or litigation if informal efforts fail.
How a Tampa Storm Damage Claims Attorney With Kuhn Raslavich, P.A. Will Approach Your Case
Our approach to evidence – and our track record of results – sets us apart. The legal professionals at Kuhn Raslavich, P.A. dig into adjuster estimates, roof reports, engineering opinions, and photographs to identify gaps between the actual damage and what the carrier agreed to cover. We will use the law, as well as policy language, to determine whether the insurer met its duties or whether the record supports a demand for additional payment.
Strategy discussions with our clients focus on practical choices. A property insurance advocate with our firm will outline options that can include seeking mediation, pressing the carrier to honor the appraisal process, or sending a pre-suit notice of intent to initiate litigation in accordance with the law. Our goal in every Tampa storm claim is to use Florida law, policy language, and solid evidence to move the claim toward a fair resolution.
Homeowners and business owners who work with Kuhn Raslavich, P.A. finish the process with a clearer understanding of their rights. When you choose a Tampa storm damage claim lawyer with our firm, we will treat the case with the urgency it deserves. You can easily schedule a no-cost case assessment online or call 877-352-7767.
Working With Kuhn Raslavich Day To Day
Files move when everyone knows what happens next. Kuhn Raslavich will establish a calendar for inspections, mitigation, build-back steps, and carrier checkpoints, then communicate in writing to ensure timelines are easily verifiable. Vendors will receive guidance on the documentation carriers expect, which reduces questions and surprise denials. One of our attorneys will translate policy language into tasks, such as photographing details, capturing moisture readings, and saving invoices, so the record answers predictable objections before they arise.
Transparency is one of the many reasons clients trust our firm. You will know where the file stands, what the carrier requested, and what comes next. Each submission will serve a defined purpose rather than a “data dump.”
Frequently Asked Questions
What are the key deadlines for a property storm damage claim in Florida?
An insurer must acknowledge communication about a claim within seven days and generally pay or deny a claim within 60 days of receiving notice. Policyholders must report an initial or reopened property claim within one year of the date of loss, and any supplemental claim within 18 months of the loss date. A lawsuit for breach of contract must be filed within five years from the date of loss.
What options are available if my insurance company denies or delays my storm damage claim?
Several dispute resolution options exist, including:
- Residential Property Mediation Program: A program offered by the Florida Department of Financial Services that allows policyholders and insurers to meet with a neutral mediator to seek a voluntary resolution.
- Appraisal Provisions: The policy may allow each side to select an appraiser to value the loss, with an umpire to break a tie.
- Legal Action: You may pursue a lawsuit for breach of contract, which must be filed within five years from the date of loss, provided initial notice of the claim was timely.
Why are storm damage claims in Tampa often complicated?
Storm damage is often complicated because it can manifest in various ways and over time, making it difficult to tie all losses to a covered storm event. Insurers may argue that part of the damage is old, due to poor maintenance, or is simply wear and tear, rather than a sudden storm event. Issues tied to repeated storms can also lead insurers to try and split the claim and blame part of the damage on age or pre-existing weaknesses.
Reasons To Call Kuhn Raslavich
If you have suffered property damage as a result of water damage, fire, hail, or hurricane, CALL KUHN RASLAVICH FIRST…not your insurance carrier. Kuhn Raslavich charges no fees unless you get paid! We will deal with the insurance company on your behalf so you do not have to worry about setting up a claim or getting paid adequately. As an illustration of why hiring Kuhn Raslavich would be beneficial, consider this common occurrence:
- A hurricane badly damages your home.
- You call your insurance carrier who sends out one of their own adjusters to estimate the amount of damage.
- You accept the amount estimated by the insurance carrier, not knowing that it is extremely undervalued because the insurance company is trying to pay the least amount possible to settle your claim.
- As a result, you do not have enough money to repair your home properly.
We will come to your home and estimate the true value of the damage, which is often much greater than what the insurance company has determined. We will then gather all necessary paperwork and submit the claim to your insurance company. Once submitted, we help you along step by step and negotiate the claim in an effort to maximize your recovery.
Since filing a homeowner’s insurance claim is not a common occurrence, many homeowners do not know where to start. Many believe that their insurance company works for them, and is looking out for their best interest; however, insurers DO NOT represent homeowners and ARE NOT looking out for their best interest. Insurers are FOR PROFIT CORPORATIONS that are trying to pay the least amount possible to resolve claims.
