Every hurricane season I get some version of the same call. A homeowner did everything right during the claim: filed on time, cooperated, documented the damage. And the carrier still found a way to point the finger back at them. Not at the wind. Not at the water. At you.
Here is what most policyholders do not realize. Your obligations under the policy do not start the day the storm hits. They start before it. Buried in that policy is a duty to take reasonable steps to protect your property from damage, and the carrier knows exactly where it is. They are counting on you not knowing.
So let me be direct about what that means when a named storm is heading your way.
If you have time and it is safe to do so, board or shutter your windows. Bring in the patio furniture, the grill, the potted plants, the trampoline, anything that can turn into a projectile and put itself through your glass. Secure the loose items around the yard. Take photos of the property beforehand so you have a record of its condition. These are not just good ideas. In the eyes of your policy, they are your responsibility.
Why does this matter so much? Because the carrier is going to scrutinize everything, and I mean everything. What you did before the storm. What you did during the storm. What you did after. They comb through all of it looking for one thing: a reason to say the damage is your fault instead of the storm’s.
Think about how backwards that is. You bought a policy that covers wind. The wind comes, exactly the peril you paid to be protected against, and instead of paying the claim, the carrier’s first move is to build a case against you. Did you leave a window unshuttered? Did that lawn chair break the glass instead of the wind? Did you wait too long to tarp the roof? Every one of those becomes a talking point in a denial letter.
I have watched carriers deny covered claims over things a reasonable homeowner would never think twice about. That is the game. They are not looking for the truth. They are looking for the excuse. So take the excuse away from them.
Do what you reasonably can before the storm to protect your home, then document it. Keep receipts for plywood, tarps, and anything else you buy to secure the property, because reasonable steps to prevent further damage are often recoverable. After the storm, make temporary repairs to stop the bleeding, but do not throw out damaged property or make permanent repairs until the carrier has had a fair chance to inspect. Report the loss promptly, and write down who you spoke with and when.
None of this means you have to be perfect. The standard is reasonableness, not perfection. You are a homeowner riding out a hurricane, not a professional risk manager. But the more you can show that you acted reasonably at every stage, the fewer fingers the carrier has left to point.
And if they still deny you after you did everything right? That is where I come in. That is the fight I take on every single day.
The lengths these carriers go to in order to avoid paying a legitimate claim never stop surprising me. Do not make it easy for them.
Louis P. Meyer, Esq. is a Florida attorney with Kanner & Pintaluga who represents homeowners and property owners in first-party property insurance disputes throughout Florida, including hurricane, wind, water, fire, and mold damage claims, as well as bad-faith matters. He also handles personal injury cases, including auto, motorcycle, truck, boat, and slip-and-fall claims. If your Florida property damage or hurricane claim has been denied, underpaid, or delayed, Louis fights to hold insurance carriers accountable.
Disclaimer
Attorney Advertising. This article is provided for general informational purposes only and constitutes attorney advertising under the Rules Regulating The Florida Bar. The lawyer responsible for its content is Louis P. Meyer, Esq. of Kanner & Pintaluga, with bona fide offices in Tampa and Boca Raton, Florida.
This article is not legal advice and should not be relied upon as legal advice for any specific situation. Reading, sharing, or commenting on this article does not create an attorney-client relationship between you and Louis P. Meyer, Esq. or Kanner & Pintaluga. No attorney-client relationship is formed until you and the firm sign a written retainer or engagement agreement.
Insurance and legal claims are governed by strict deadlines. If you believe you have a claim, you should act promptly and consult a licensed attorney, because waiting can permanently affect or extinguish your rights.
Prior results do not guarantee or predict a similar outcome in any future matter. Every case is different and turns on its own facts.