Hurricane Irma’s Devastation: Homeowners’ Insurance Bad Faith?
In late May, Coastal Breeze News featured an important article discussing when homeowners have tried for long enough to settle their Hurricane Irma claims with their insurance carriers, and whether there has been insurance bad faith. Below, we discuss this issue in greater detail. Florida Homeowner Claims Bill of Rights Florida has what’s known as the Homeowner Claims Bill of Rights, which every insurance company providing residential property insurance policies must provide to homeowners within 14 days of receiving any initial communication related to a claim (with the exception of any “state of emergency” declared by the Governor). Specifically, the Bill of Rights provides that you have the right to: Receive acknowledgment of the reported claim within 14 days; Confirmation that your claim is covered, partially covered, denied, or being investigated within 30 days after you have submitted your proof-of-loss statement to your insurance company, upon written request; Receive full settlement or payment for the claim or undisputed portion of claim, or denial, within 90 days (subject to any dual interest in the policy); Free mediation, courtesy of the Florida Department of Financial Services, Division of Consumer Services; If your damage is caused by a sinkhole and covered by your policy, and your claim is disputed, neutral evaluation of your disputed claim; and Assistance from the Florida Department of Financial Services, Division of Consumer Services, if needed. The Bill of Rights also provides a number of recommendations, including: Making sure that you first contact your insurance company before hiring any contractors or entering into any contracts for repairs; Take photographs and document any emergency repairs that are necessary to do to prevent further damage; Carefully read any and all contracts regarding pay-out-of-pocket expenses or fees based on insurance proceed percentages; Confirm that any contractors you hire are licensed in Florida and have proof of insurance; and Making sure that you take any and all precautionary measures (such as turning off the gas, water, etc.) if the damage requires you to leave your home. Note, however, that the Bill of Rights does not create a civil cause of action against an insurer. When an insurance company acts in bad faith, a separate law in Florida creates a statutory bad faith cause of action against the insurance company which allows homeowners to recover costs and attorneys’ fees if they prevail. Still, it is wise to work with an experienced attorney to first file a Civil Remedy Notice with the Florida Department of Financial Services that the insurance company is acting in bad faith. Florida Homeowners’ Attorneys It has been more than eight months since Hurricane Irma. If you are still fighting your insurance company, contact our attorneys at HD Law Partners to discuss how we can help. Resources: coastalbreezenews.com/articles/homeowners-face-insurance-bad-faith/ leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0624/Sections/0624.155.html leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.7142.html Tags: Florida Homeowners Insurance Attorney, Florida Homeowners Insurance Attorneys, Florida Homeowners Insurance Lawyer Posted in Hurricane Claims, Hurricane Insurance | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us