A homeowner in Coral Gables discovers water pouring through her ceiling three days after a hurricane passes. She calls her insurer. The adjuster shows up a week later, takes photos, and leaves. Two months go by. No call. No payment. No explanation. She finally gets a letter saying the damage is “pre-existing wear and tear” — not covered.
This happens constantly in Miami. Carriers delay, lowball, or flat-out deny hurricane claims that should be paid. Florida law gives you specific deadlines and rights, but most policyholders don’t know them until it’s too late.
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You Have One Year to Report Hurricane Damage in Florida
Florida Statute § 627.70132 sets a hard deadline: you must give your insurer initial notice of a hurricane claim within one year from the date of loss. Miss that window and your claim is barred — even if the damage is obvious and documented.
The “date of loss” is the day the hurricane hit your property. Not the day you discovered hidden damage behind a wall. Not the day a contractor told you the roof needs replacing. The day the storm came through.
For example, if Hurricane Idalia makes landfall on August 30, you have until August 30 of the following year to notify your carrier — in writing — that you’re making a claim. After that, the insurer can refuse to pay a dime, and Florida courts will generally back them up.
If you discover additional damage later — mold behind drywall, structural issues in the attic, water intrusion that wasn’t obvious at first — you can file a supplemental or reopened claim within 18 months from the date of loss under the same statute. But you still need that initial notice within the first year.
Insurance companies know these deadlines. Adjusters won’t remind you. They’re counting on you to wait.
Insurers Have 60 Days to Pay or Deny Your Claim
Once you file a complete proof of loss, Florida Statute § 627.70131 requires the insurer to send a written coverage decision within 60 days. That decision must say one of four things: paid in full, paid in part, denied, or still investigating with a specific reason why.
Carriers routinely miss this deadline. They’ll request the same documents twice. They’ll schedule inspections and then reschedule. They’ll send you to an examination under oath and then ask for more paperwork. All of it is designed to drag the process out and pressure you into accepting a lowball offer.
The statute also requires insurers to acknowledge your claim and start an investigation within 14 days. Most do acknowledge it — with a form letter that says nothing — and then remain silent.
A hurricane damage lawyer enforces these deadlines. When a carrier stalls, we send a demand letter citing § 627.70131 and make it clear we’re tracking every day of delay. That usually gets things moving.
Wind Damage Is Covered But Flood Damage Is Not
Standard homeowners and commercial property policies in Florida cover wind damage. They also cover wind-driven rain that enters through a wind-created opening — a hole in the roof, a broken window, or a door blown off its hinges.
They do not cover flooding from storm surge or rising groundwater. That requires a separate flood policy, either through FEMA’s National Flood Insurance Program (NFIP) or a private flood carrier.
This distinction creates constant fights after hurricanes. For example, a storm surge may push water through first-floor doors and windows while wind rips off part of the roof and rain pours into the second floor. You could have two separate claims — flood and wind — under two different policies.
Adjusters will try to call all of it “flood” to shift the loss onto your NFIP policy, which typically has lower limits and different coverage. Or they’ll claim the roof damage was “pre-existing” and the water came from the ground, not the sky.
You need an engineer or roofing expert who can document wind speeds, wind direction, the roof’s condition before and after the storm, and moisture mapping that shows where the water actually entered. Without that, the carrier will mischaracterize the loss and deny coverage.
Many Miami properties are in Special Flood Hazard Areas where lenders require flood insurance. If you’re in one of those zones, you’re dealing with two policies, two adjusters, two sets of deadlines, and two separate proofs of loss. A lawyer coordinates both claims and makes sure damage doesn’t fall through the cracks.
Carriers Love to Blame Pre-Existing Damage
The single most common reason hurricane claims get denied in South Florida is the adjuster saying the damage was already there.
Insurers hire engineers who write reports claiming your roof was “poorly maintained,” “near the end of its useful life,” or “showing signs of prior leaks.” They’ll take photos of algae stains, missing granules, or small cracks and argue the hurricane didn’t cause the problem — it just exposed what was already broken.
Florida policies don’t cover wear and tear, deterioration, or maintenance issues. That’s a legitimate exclusion. But carriers apply it broadly. A 12-year-old roof that was in good condition before the storm? They’ll call it “worn out.” A small prior leak that was repaired years ago? They’ll say the current damage is a continuation of that old problem.
This is where you need your own experts. A roofing contractor who inspected the property before the hurricane. An engineer who can show the damage is consistent with hurricane-force winds and not gradual deterioration. Moisture mapping that proves the water intrusion is new, not old.
Insurance companies send their engineers to every claim. You should have your own.
Miami-Dade Building Code Adds Thousands to Repair Costs
Miami-Dade and Broward counties have some of the strictest building codes in Florida — a legacy of Hurricane Andrew. If hurricane damage triggers code requirements, your repair costs can increase dramatically.
For example, if wind damages 30% of your roof, Miami-Dade code may require you to replace the entire roof, not just patch the damaged section. You may also need to upgrade fasteners, underlayment, or flashing to meet current wind-resistance standards.
Most property policies include “ordinance or law” coverage for code upgrades, but it’s usually a sublimit — $25,000, $50,000, or $100,000. If code-required repairs cost $150,000 and your ordinance coverage is $50,000, you’re stuck with the difference unless you can successfully argue the full replacement is part of the covered loss, not just a code upgrade.
Adjusters will try to limit their estimate to the bare minimum — patch and paint. They won’t include code-required work unless you force the issue. Contractors familiar with Miami-Dade code know what’s required. Insurers are betting you don’t.
Mold Claims Get Denied Because of Mitigation Failures
Hurricanes often knock out power for days or weeks. Water sits in walls, under floors, and in attics. Mold grows fast in South Florida’s heat and humidity.
Most policies cover mold only if it results from a covered peril — like wind-driven rain from a hurricane. They also require you to mitigate damage promptly. That means tarping the roof, boarding up broken windows, drying out the interior, and removing wet materials before mold takes hold.
If you don’t mitigate, the carrier will deny the mold claim and argue you failed to prevent additional damage. Even if you do mitigate, they’ll claim you didn’t act fast enough or thoroughly enough.
Document everything before you remove damaged materials. Take photos and videos of every wet surface, every piece of damaged drywall, and every soaked carpet. Get moisture readings from a restoration company. Keep receipts for tarps, generators, dehumidifiers, and emergency repairs.
Mold coverage is usually capped at $10,000 or $15,000. If remediation costs $40,000, the insurer will often only pay the sublimit unless you can prove the mold is part of the larger covered water loss, not a separate “mold claim.”
A hurricane damage lawyer works with industrial hygienists and mold remediation specialists to show the mold is a direct result of the covered wind and water damage — and that you did everything required to mitigate it.
Bad Faith Claims Under Florida Statute § 624.155
When an insurer denies or delays a legitimate hurricane claim without a reasonable basis, you may have a bad faith claim under Florida Statute § 624.155.
Bad faith is separate from a breach of contract claim. First, you prove the carrier violated the policy — denied coverage, underpaid, or delayed without justification. Then, if their conduct was egregious enough, you can pursue extra-contractual damages for bad faith.
Before you can sue for bad faith, you must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. The CRN gives the insurer 60 days to cure the violation — pay what they owe, reopen the claim, or fix the problem. If they don’t, you can file a separate bad faith lawsuit.
Bad faith damages can include the full amount of the unpaid claim, attorney’s fees, interest, and in some cases punitive damages. Carriers know this. When they see a CRN from a lawyer who is serious about litigation, they often settle quickly.
Not every denied claim is bad faith. The insurer must act without a reasonable basis and with knowledge or reckless disregard that they’re wrong. But after hurricanes, when carriers systematically lowball wind claims or mischaracterize flood damage to avoid paying, bad faith claims are common.
Condo Owners Deal with Two Policies
Most Miami residents live in high-rise condos. After a hurricane, you’re often dealing with two separate insurance policies: the association’s master policy and your individual HO-6 policy.
The master policy covers the building structure, roof, exterior walls, common areas, lobbies, elevators, and amenities. Your HO-6 policy covers your unit’s interior build-out — drywall, flooring, cabinets, fixtures — and your personal property.
Disputes commonly arise over what’s a “common element” versus a “unit interior.” For example, if water comes through an exterior wall and damages your drywall, flooring, and furniture, the association’s insurer may claim the drywall is your responsibility while your HO-6 carrier may claim it’s part of the building structure.
Meanwhile, the condo association may assess all owners to cover the master policy’s hurricane deductible — often $50,000, $100,000, or more. You’re facing that assessment while also dealing with your own unit damage and deductible.
A lawyer reviews the condo declaration and both policies to determine who’s responsible for what. We coordinate with the association’s counsel and both insurers to make sure every dollar of damage is covered by someone’s policy.
Business Interruption and Additional Living Expenses
If a hurricane makes your home uninhabitable or shuts down your business, your policy may cover additional living expenses (ALE) or business interruption losses.
For homeowners, ALE covers hotel bills, temporary rental costs, restaurant meals, and other expenses incurred while your home is being repaired. For businesses, business interruption coverage pays for lost income and extra expenses — payroll, rent, utilities — while the property is closed.
Carriers fight these claims aggressively. They’ll argue your home was habitable even without power or air conditioning. They’ll say your business could have reopened sooner or moved to a temporary location. They’ll demand detailed proof of every expense and every dollar of lost income.
You need documentation. For ALE: hotel receipts, lease agreements for temporary housing, and dated photos showing the property was uninhabitable. For business interruption: profit and loss statements, payroll records, tax returns, and invoices showing lost revenue.
Adjusters will often lowball these claims or pay for two weeks when repairs took two months. A lawyer and a forensic accountant can substantiate the full loss and prove how long the property was actually unusable.
What to Do Immediately After Hurricane Damage
Before you call your insurer, document everything. Walk through every room with your phone and record video. Take close-up photos of roof damage, broken windows, water stains, soaked floors, damaged furniture, and ruined belongings.
If it’s safe, get into the attic and photograph any roof penetrations or water intrusion. Take exterior photos showing missing shingles, torn fascia, or blown-off roof sections.
Mitigate the damage: tarp the roof, board up windows, move furniture away from wet areas, and hire a restoration company to dry out the interior and remove soaked materials. But photograph everything before you remove it.
Call your insurer within a few days and report the claim in writing — email or certified mail. Don’t wait to see if the damage is “bad enough.” You have one year under § 627.70132, but the sooner you report, the better.
Do not give a recorded statement without talking to a lawyer first. Adjusters will ask leading questions designed to create coverage defenses — “Was the roof in good condition before the storm?” “Did you have any prior leaks?” “When was the last time you had the roof inspected?” Your answers can sink your claim.
Do not sign a proof of loss or any settlement agreement until you’re certain it covers the full scope of damage. Once you cash a check marked “full and final settlement,” you’re likely finished. You can’t reopen the claim later when you discover hidden damage unless you specifically reserved that right in writing.
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When to Call a Hurricane Damage Lawyer
Call a lawyer as soon as the damage is significant — roof damage, major water intrusion, structural issues, or business losses. Don’t wait until the carrier denies your claim.
A lawyer will review your policy before you talk to the adjuster. We know what coverage you have, what exclusions apply, and what the carrier is likely to argue. We make sure you don’t say anything that gives them a reason to deny coverage.
If the adjuster lowballs the estimate or denies part of the claim, we bring in our own contractors and engineers to document the full scope of damage. We submit a detailed supplemental claim with line-item estimates, code upgrade costs, and supporting reports.
If the carrier keeps stalling or refuses to pay what they owe, we file suit. Property insurance cases move fast in Florida — many settle within a few months once the carrier sees you’re serious.
You typically pay nothing upfront. Hurricane damage cases are handled on contingency. We get paid when you get paid.
The Law Offices of Eric J. Goldman handles hurricane damage claims throughout Miami-Dade, Broward, and Palm Beach counties. Call 954-990-7552 or contact us online. Don’t let the carrier run out the clock on your one-year deadline.
