In our practice representing policyholders, the aftermath of a hurricane is often defined more by the insurance claim process as by the storm itself. Insurers scrutinize every clause in your policy, and the terms you may overlook today can become the basis for reduced or denied payment tomorrow.
Several Key Policy Terms And Florida Laws That Deserve Your Attention Now
- Hurricane Deductibles – Many policies carry percentage-based deductibles for hurricane damage, often between 2–10% of your insured value.
- Windstorm Coverage – Some policies exclude wind damage altogether, especially surplus lines coverage. You may need separate wind coverage through another carrier.
- Flood Exclusions – Standard homeowners insurance does not cover flooding or storm surge. That coverage requires a separate NFIP or private flood policy.
- Anti-Concurrent Causation Clauses (ACC) – These provisions can exclude coverage entirely if a non-covered peril (like flood) and a covered peril (like wind) both contribute to the damage.
- Roof Coverage Restrictions – Many policies now depreciate roof coverage or pay only Actual Cash Value for roofs over a certain age, often 10–15 years.
- Ordinance or Law Coverage – This pays for code-required upgrades during repairs but is often capped at 10–25% of your dwelling coverage—limits that may fall short under Florida’s strict building codes.
- No More Assignment of Benefits (AOBs) – Florida law now prohibits AOB agreements for property insurance claims on policies. This means you cannot sign your benefits over to a contractor and have them deal directly with the insurer.
- Claim Deadlines – Florida law now requires hurricane claims to be filed within one year of landfall and supplemental claims within 18 months.
Why This Matters
With an active season ahead, understanding these provisions before a storm is not just prudent—it’s a strategic legal step. Once a hurricane hits, the clock starts ticking, and the insurer’s interpretation of your policy will govern your recovery. We routinely see valid claims delayed, undervalued, or denied based on these very clauses. Our firm’s role is to ensure your insurer honors its contractual obligations. That means leveraging policy language, Florida law, and the facts of your loss to maximize recovery. But the strongest cases begin with homeowners who know their coverage and prepare before the storm arrives.
