Did your insurer deny, delay, or underpay your hurricane claim? We make Florida carriers honor what they wrote into your policy.
Florida is the most hurricane-exposed state in the country. After named storms like Helene, Milton, Ian, and Irma, insurers face a crush of claims, and the playbook is predictable: scrutinize photos, point to wear and tear, blame flood (which most policies exclude), and minimize the scope of repair. Ilabaca Law represents Florida homeowners, condo owners, HOAs, and businesses whose hurricane claims have been denied, delayed, or paid less than the policy actually covers. We build the file the carrier has to engage with.
Hurricane losses combine wind, wind-driven rain, storm surge, and named-storm deductibles into a single complicated event. Most homeowners policies cover wind and wind-driven rain but exclude flood, so causation matters more here than in any other property claim. The carrier has every incentive to call interior water damage "flood" and push it to your separate flood policy or out of coverage entirely.
Florida named-storm or hurricane deductibles are also higher than standard deductibles, often two to five percent of dwelling coverage. That makes accurate scope and valuation even more important: a misclassified loss can leave a homeowner paying tens of thousands of dollars out of pocket on a covered claim.
Wind uplift breaks roof seals, displaces shingles and tiles, and opens flashing at chimneys, valleys, and walls. Wind-driven rain enters through compromised roofs, soffits, vents, windows, and door assemblies. Trees and debris cause impact damage to roofs, screens, fences, pool cages, and exterior walls. Storm surge and inland flooding (typically a separate flood policy) bring waterlines, contamination, and structural settlement. After the rain stops, wet drywall, insulation, flooring, and cabinets begin to fail within days, and microbial growth follows. A complete hurricane claim documents each of these layers and ties them to covered events.
The single biggest dispute in Florida hurricane claims is whether interior damage came from wind-driven rain (covered by homeowners policies) or from rising flood water (excluded, requires a separate NFIP or private flood policy). Carriers exploit the ambiguity. We counter with weather-station data, radar history, photos taken in sequence, attic and ceiling moisture mapping, and elevation measurements that show whether water entered from above or below. The right evidence at the right time changes the result.
Hurricane damage attorneys who take on denials, delays, and lowball offers.
Hurricane claims typically turn on four levers:
We tie damage to a covered wind event using weather data, radar history, photos, and moisture mapping. That separates wind-driven rain (covered) from rising flood water (excluded).
Named-storm deductibles in Florida often run 2 to 5 percent of dwelling coverage. We model the deductible up front so you know exactly what the carrier owes after it applies.
If the home is uninhabitable, Additional Living Expenses cover hotels, rentals, meals, and storage. Most policyholders underclaim this. We document it correctly.
Code-driven upgrades to roof, electrical, and impact protection often apply after hurricane damage. When the policy covers them, they belong in the estimate.
Safety first: do not return to a damaged home until utilities are confirmed safe. Once it is safe, photograph every elevation of the structure before any cleanup begins. Capture roofs, soffits, screens, fences, pool cages, exterior walls, and any debris field. Move inside and document ceilings, walls, floors, cabinets, electronics, HVAC, and contents. Save receipts for tarping, board-up, dry-out, hotel stays, and meals. Keep a written log of every call, email, and visit from the carrier or its adjusters. We then layer in objective testing: moisture readings, thermal imaging, and engineer or contractor opinions where the loss calls for it.
Adjusters frequently say the damage is "old," "pre-existing," or caused by flood rather than wind. We counter with progression evidence: storm-track data, radar imagery for the loss date, photo metadata, attic moisture paths, and roof-system observations that place the damage at the storm. When the carrier insists on partial repair, we analyze material availability, color match, and code requirements to demonstrate why a patch will not return the property to pre-loss condition.
Florida property insurance law has hard deadlines that can extinguish an otherwise valid hurricane claim. We move fast in part because the statute requires it.
1 year from the date of loss to give initial notice of a property insurance claim, including hurricane claims. 18 months to file a supplemental or reopened claim. Miss these deadlines and the claim is barred.
After receiving complete proof of loss, the insurer must pay or deny within 60 days. We document each milestone so the carrier's clock is on the record from day one.
When an insurer fails to act in good faith, whether through delay, misrepresentation, or unreasonable lowballing, Florida law provides a separate cause of action. We file a Civil Remedy Notice (CRN), give the carrier the statutory cure period, and pursue extra-contractual damages when the facts support it.
Homeowners need clear answers on full repair scope, ALE while uninhabitable, and whether interior build-back and contents are included. Condo unit owners face HO-6 versus master-policy questions, hurricane deductible apportionment, and association-level disputes that affect individual recovery. HOAs and commercial properties add multi-building scope, business interruption, and code-upgrade exposure. We coordinate with mitigation vendors, contractors, engineers, and property managers while keeping a clean paper trail for the carrier and, if it becomes necessary, the court.
If your hurricane claim is denied or short-paid, we request the carrier's claim file, push reinspection, and supplement for missed line items. Where the policy allows, we invoke appraisal or mediation. If the carrier stalls, misrepresents, or applies the wrong deductible, we litigate and pursue bad-faith remedies as permitted. From day one we build a litigation-ready file. The case is strong whether it settles or goes the distance.
Insurers move fast after a named storm. Your best leverage is getting a lawyer involved early. Attorney Nicholas Ravinet builds strong, evidence-driven files, protects the statutory deadlines, and negotiates from a position of proof rather than pressure. A quick consult can uncover coverage you did not know you had, fix scope or causation issues, and help you avoid early settlement offers that fall short of what the policy owes.
Start your free case review today. Tell us what happened, upload a few photos or documents, and Attorney Ravinet will follow up promptly.
Every hurricane case is different. The best answers come from looking at your facts, documents, and deadlines. Contact Ilabaca Law for a free, no-obligation review and clear next steps.
Plenty. Many denials rest on causation labels (flood vs. wind), pre-existing damage assertions, or "wear and tear" language. We rebuild the file with weather data, photo timelines, and moisture or engineering analysis that ties damage to the named storm. We then push reinspection and supplements; if the carrier will not move, we shift to appraisal or mediation, file suit, and where appropriate, raise bad-faith under Fla. Stat. § 624.155.
Generally no. Standard Florida homeowners policies cover wind and wind-driven rain but exclude flood. Flood typically requires a separate NFIP or private flood policy. The line between the two is often blurry, and that is exactly where the carrier tries to deny. We document the precise water path so coverage applies where it should.
Florida named-storm or hurricane deductibles are higher than standard deductibles, usually 2 to 5 percent of the dwelling coverage limit. The deductible applies once per calendar year for named-storm losses. We confirm the carrier is applying the right deductible (some try to apply hurricane deductibles to non-named-storm losses) and model the net recovery up front.
Under Fla. Stat. § 627.70132, you have 1 year from the date of loss to give initial notice of a property insurance claim, and 18 months to file a supplemental or reopened claim. These deadlines apply even when the underlying contract statute of limitations would otherwise be longer. Miss them and the claim can be barred outright.
It depends on when the storm occurred relative to the deadlines above. Storms within the past year are still within the initial-notice window. Older storms may be inside the 18-month supplemental window if you have an existing claim. Call us before assuming a deadline has run; the analysis is fact-specific.
ALE pays for the increased cost of living when your home is uninhabitable: hotel or rental housing, meals, storage, pet boarding, and similar costs. Most policyholders dramatically underclaim this. We help document it from day one so the carrier cannot quietly cap or shortchange it.
Public adjusters can document and negotiate, but they cannot litigate, file a Civil Remedy Notice, or pursue bad-faith damages. When your claim has been denied, materially underpaid, or deliberately delayed, an attorney's leverage changes the carrier's behavior. We often work alongside a public adjuster when one is already engaged.
Nothing up front. Hurricane cases are handled on a contingency-fee basis, with no attorney's fees unless we recover for you. We will review the policy, the loss documentation, and the carrier's position before any commitment, so you know exactly where the case stands.
…and every county in between. Florida-only practice, statewide reach.
Florida deadlines are short. Get a free case review and a straight answer on what your claim is actually worth.
