When your Florida home suffers hurricane or storm damage, timely and thorough insurance claims can make or break your recovery. A recent appellate decision from Florida's First District Court of Appeal—Homeowners Choice Prop. & Cas. Ins. Co. v. Clark, Case No. 1D2023-1622 (Mar. 19, 2025)—serves as a critical reminder of what not to do when filing a property insurance claim.
Here’s what every Florida homeowner should know:
Under Florida law, if you delay reporting your claim, the insurance company can presume it was prejudiced by that delay—and that can void your right to recover. In Clark, the homeowners reported hurricane damage to their roof and siding right away. But they waited nearly 10 months to notify the insurer of damaged personal property and lost rental income.
Because the Clarks offered no valid explanation for the delay, the court ruled they were barred from recovering for contents and income loss.
Takeaway for Florida homeowners:
Notify your insurer of all aspects of the loss as soon as possible: structural, personal property, and any business/rental income.
Submit written notice and complete any required inventory forms.
Keep records (emails, claim forms, letters) showing when and how you submitted notice.
To receive payment, Florida policyholders must support their claims with documentation—like receipts, invoices, estimates, or photos.
In Clark, the homeowners claimed nearly $10,000 for linens but provided no receipts or proof of actual cash value (ACV). Aside from roof-related invoices, the court found the documentation lacking and ruled that the jury would be forced to guess at values—making recovery impossible.
Best practices for Florida claims:
Save all repair invoices and receipts for items you’re claiming.
Include proof of value (retail price, condition, date of purchase) for each item.
For large claims, consider hiring a public adjuster or legal counsel early.
Florida law requires policyholders to take reasonable steps to prevent further damage after a loss.
In Clark, the homeowners tarped the roof quickly, but waited 5–6 months before replacing the roof and siding. They also didn’t mitigate mold damage. Their home remained boarded up, allowing mold to spread. The court ruled this violated the policy’s post-loss duties—relieving the insurer of further responsibility.
Florida policyholder tips:
Use temporary tarps or covers immediately after a storm.
Hire licensed contractors for emergency repairs and mold remediation.
Notify the insurer of repairs before work begins to allow inspections.
Under Florida law (see §627.7011, Fla. Stat.), insurance companies only pay full replacement cost value (RCV) after actual repairs are completed. Until then, they only owe the depreciated amount—actual cash value (ACV).
In Clark, although the insurer paid ACV for roof and siding damage, the homeowners demanded RCV without finishing repairs. Their estimate also included upgrades not matching the original construction. The court said no: Without completed repairs, there’s no entitlement to withheld depreciation.
Key takeaway:
Finish all repairs before demanding the full RCV payout.
Use “like kind and quality” materials as required by your policy.
Document the completion of each repair phase clearly for your insurer.
The Clark decision is a clear warning to Florida homeowners: one mistake can cost you tens or even hundreds of thousands of dollars in denied claims.
At Godbey Giardina Law Group, we represent property owners across Florida in insurance claim disputes. If your claim has been denied, delayed, or underpaid, contact our team today. We’ll review your situation and help you fight back.
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