¿El daño que sufrió en su hogar está cubierto por su póliza de seguro?

Cada póliza es diferente y debe ser revisada y evaluada para identificar lo que sí está y no está cubierto.  Algunas pólizas son pólizas de “todo riesgo”, lo que significa que cubren el daño físico directo a su hogar causado por cualquier peligro a menos que se excluyan específicamente. Mientras que otras son pólizas de “Daño nombrado”, lo que significa que solo cubren una lista establecida de danos nombrados que podría incluir solo algunas de las siguientes categorías generales:

  • Huracán
  • Incendio o relámpago
  • Tormenta de viento o granizo
  • Explosión
  • Revuelta o conmoción civil
  • Avión
  • Vehículos (a menos que sean causados por el asegurado)
  • Humo
  • Vandalismo o travesuras maliciosas
  • Robo (el límite de responsabilidad en HOA suele ser de $1,000)
  • Erupción volcánica
  • Objetos que caen
  • Peso del hielo o la nieve 
  • Descarga accidental o desbordamiento de agua o vapor
  • Desgarro accidental, agrietamiento, ardor o abultamiento
  • Congelación
  • Daño accidental por corriente eléctrica generada artificialmente
  • Las pólizas de daños nombradas son aún más específicas al definir qué daños cubren y tienen excepciones o límites impuestos a los riesgos nombrados cubiertos que requieren una interpretación adicional para determinar la cobertura y lo que puede esperar como un posible resultado en caso de que decida presentar un reclamo.  

A veces hay coberturas adicionales bajo una póliza que los asegurados desconocen o simplemente podrían haber olvidado que seleccionaron opcionalmente cuando obtuvieron su póliza, como (Esta es una lista de muestra):

  • Medidas de emergencia razonables
  • Árboles, arbustos y otras plantas
  • Cargo por servicio del departamento de bomberos
  • Eliminación de propiedades
  • Evaluación de pérdidas
  • Colapso
  • Colapso de la cubierta terrestre de catástrofe
  • Quitar ruina después de un huracán 
  • Robo de su propiedad
  • Daños a la propiedad personal (por ejemplo, muebles, ropa, obras de arte, armas de fuego, joyas, etc.)
  • Cobertura limitada de hongos, podredumbre húmeda, podredumbre seca, moho y bacterias con diferentes cantidades de cobertura
  • Cobertura limitada de la carcasa de la pantalla
  • Cobertura de vidrio 
  • Cobertura de carritos de golf
  • Robo de identidad
  • Tarjeta de crédito, tarjeta de transferencia electrónica de fondos o dispositivo de acceso, falsificación y falsificación de dinero
  • Daños limitados por agua
  • Sumidero opcional
  • Cobertura de ordenanzas o leyes
  • Respaldo de agua 
  • Guerra y riesgos nucleares

A pesar de que un peligro puede estar cubierto, la recuperación de dinero para colocar su hogar de nuevo en su condición previa a la pérdida aún puede ser excluida, exceptuada o limitada.  Tales exclusiones podrían incluir, entre otras:

  • Descuido
  • Daños continuos a largo plazo
  • No prevenir más daños o mitigar
  • Daños relacionados con la guerra o el peligro nuclear
  • Violación de ordenanza o ley
  • Movimiento de la Tierra
  • Inundaciones de agua, maremotos, pulverización, aguas superficiales, etc.
  • Corte de energía
  • Pérdida intencional
  • Acción gubernamental
  • Cesionario o terceros
  • Actividad delictiva o ilegal
  • Daños preexistentes
  • Daños superpuestos por múltiples reclamaciones
  • Hongos, podredumbre húmeda, podredumbre seca o bacterias
  • Trabajo de reparación inadecuado o de mala calidad que resulta en daños a la propiedad
  • Causas relacionadas con el mantenimiento

Fugas o daños a techos o sistemas de plomería causados por la edad, desgaste normal, obsolescencia, desvanecimiento, oxidación, intemperie, deterioro, descomposición, deterioro, desgarro, desmoronamiento, asentamiento, agrietamiento, desplazamiento, inclinación, abultamiento, flexión, inclinación, contracción, contracción, corrosión. 

Como puede ver, no es fácil interpretar una póliza de seguro de propiedad para determinar qué está y qué no está cubierto por su póliza.  Sin embargo, en Watson Et Barnard Law como cortesía podemos eliminar la confusión de esta determinación de si la pérdida que sufrió está cubierta por su póliza.  También podemos explicarle el proceso de reclamos y qué esperar si decide presentar un reclamo.  Llámenos o envíenos un mensaje para poner nuestra experiencia a trabajar para usted.  Recuerde que solo se nos paga si se le paga por su reclamo.

La información en este blog, publicación o artículo no constituye, y no pretende, constituir consejo legal; en cambio, toda la información discutida es solo información general.  La información en este blog, publicación o artículo puedo obtener información no actualizada. 

Los lectores de este blog, publicación o artículo deben ponerse en contacto con su abogado para obtener consejo legal respecto a cualquier asunto legal en particular.  Ningún lector, usuario o navegador de este blog, publicación o artículo debe actuar o abstenerse de actuar sobre la base de la información contenida en este blog, publicación o artículo sin antes buscar consejo legal de un abogado en la jurisdicción correspondiente.  Solo su abogado individual puede proporcionar garantías de que la información contenida en este documento, y su interpretación, es aplicable o apropiada para su situación particular.  El uso y el acceso a este blog, publicación o artículo no crea una relación entre abogado y cliente, usuario o navegador y los autores, colaboradores, bufetes de abogados contribuyentes o socios o asociados de Watson Et Barnard.

Las opiniones expresadas en este blog, publicación o artículo son las de los autores individuales que escriben solo a título individual, no las de sus respectivos empleadores, socios, asociados o personal.  Watson Et Barnard PLLC, sus miembros, empleados y agentes por la presente renuncian expresamente a toda responsabilidad con respecto a las acciones tomadas o no tomadas en función del contenido de este blog, publicación o artículo.  El contenido de este blog, publicación o artículo no se representa de que el contenido esté libre de errores.

Christopher Watson¿El daño que sufrió en su hogar está cubierto por su póliza de seguro?
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5 Things that could impact your ability to recover on your Hurricane loss insurance claim!

  1. Failing to timely report your loss.  
    1. What is timely reporting?  Insurance policies do not give a specific time period to report a loss. However, case law provides a standard as to whether notice of a loss was given promptly to your insurance company.  “’Prompt’ is undefined in the policy. It is well settled, however, that ‘prompt’ and other comparable phrases, like ‘immediate’ and ‘as soon as practicable,’ do not require instantaneous notice.” Cont’l Cas. Co. v. Shoffstall, 198 So.2d 654, 656 (Fla. 2d DCA 1967). Instead, Florida courts have interpreted these phrases to mean that notice should be provided “with reasonable dispatch and within a reasonable time in view of all of the facts and circumstances of the particular case.” Yacht Club on the Intracoastal Condo. Ass’n, Inc. v. Lexington Ins. Co., 599 Fed.Appx. 875, 879 (11th Cir.2015) (citation omitted). “Notice is necessary when there has been an occurrence that should lead a reasonable and prudent [person] to believe that a claim for damages would arise.” Waldrep, 400 So.2d at 785. Thus, the issue of whether an insured provided “prompt” notice generally presents an issue of fact. LoBello, 152 So.3d at 600.  So, in summary, whether a claim has been timely reported is an issue of fact that must be determined by a court taking into consideration all of the circumstances the insured encountered during the loss occurrence, and would they be sufficient to make a reasonable and prudent person in the insured’s shoes believe they have a claim for damages under their policy.  If so, they should have reported the loss around that time and if not they did not need to report anything at that time.
    2. Even if it is determined to be untimely then this only creates a presumption that the insurance company has been prejudiced, which is rebuttable by the insured. [T]he proper interpretation of the effect of prejudice in delayed notice cases was that while prejudice to the insurer is presumed, if the insured can demonstrate that the insurer has not been prejudiced thereby, then the insurer will not be relieved of liability merely by a showing that notice was not given “as soon as practicable.”

Tiedtke v. Fidelity & Cas. Co. of N.Y., 222 So. 2d 206, 209 (Fla. 1969) (emphasis added).  This too is a question of fact that must be determined by a court weighing how any delay in claim reporting has in fact caused harm to the insurer.

  1. Failing to mitigate or prevent further damage after the loss.  
    1. An insured has a duty under their policy to protect their home from further damage after they become aware of a loss.  Example: failing to cover your roof to prevent future rain from entering via hurricane created openings in your roof. 
  2. Failing to disclose information on your property insurance application.  
    1. An insured has obligation to be truthful and candid in their property insurance application so that the insurance company has a fair opportunity to evaluate the risk of loss and risk of incurring a claim on the insured property.  This includes being allowed to limit liability to only future damage that occurs from a covered peril after the policy has been bound.  Example: failing to disclose prior claims or pre-existing damage on your application can negate an insurance company’s liability on a future claim.
  3. Failing to cooperate with the claim investigation.  
    1. Policies are often written obligating the insured to cooperate with the insurance company’s investigation of a claim or risk the insurer not being held liable by a court to pay for the claimed damages.  Example: This includes things like failing to allow an insurance company adjuster to inspect your home upon request or failing to perform an examination under oath requested by your insurance company.
  4. Failing to provide documentation or a sworn proof of loss when requested
    1. Insurance company adjusters will frequently request numerous documents to investigate the loss and damages being claimed requiring the insured to search for and provide documents and information.  Example: Insurance carriers often have a contractual right to request a sworn proof of loss document detailing the dollar amount of your claimed damages and sworn to by you in front of a notary.

If you have questions or concerns, at Watson Et Barnard Law we can handle your Hurricane claim from beginning to end.  We explain the claims process to you, what to expect, and how to avoid things that could impact your ability to get paid on your claim.  Give us a call or send us a message to put our expertise to work for you in getting the money you need to restore your home to its pre-loss condition.  Remember we only get paid if you get paid on your claim.

Disclaimer: The information provided in this blog, posting, or article does not, and is not intended to, constitute legal advice; instead, all information discussed is for general informational purposes only.  Information in this blog, posting, or article may not constitute the most up-to-date legal or other information.

Readers of this blog, posting, or article should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this blog, posting, or article should act or refrain from acting on the basis of information contained in this blog, posting, or article without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this blog, posting, or article does not create an attorney-client relationship between the reader, user, or browser and authors, contributors, contributing law firms, or Watson Et Barnard partners or associates.

The views expressed within this blog, posting, or article are those of the individual authors writing in their individual capacities only – not those of their respective employers, partners, associates, or staff.  Watson Et Barnard PLLC, its members, employees, and agents hereby expressly disclaim all liability with respect to actions taken or not taken based on the contents of this blog, posting or article.  The content in this blog, posting, or article is provided “as is;” no representations are made that the content is error-free.

Christopher Watson5 Things that could impact your ability to recover on your Hurricane loss insurance claim!
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What immediate actions should you take after suffering hurricane damage to your insured home to aid in your insurance claim?

The following actions should be taken after the storm is passed and it is safe to do so:

  1. First, document the extent of your damage with videos and photos.  This should be a good 20-minute walk around your house both outside and inside to capture any water or wind related damage from the storm (and if you have flooding coverage under a separate policy any flooding damage as well).
    1. Video any active dripping of water from damaged ceilings, damaged door casings or seals, or damaged window casings or seals.
    2. Photograph wind damaged roof tiles, shingles, membranes, underlayment, or sheathing that appear to have been ripped off your roof and landed on your yard or the surrounding areas.  Standing back with a view of your roof take photos of newly missing tiles, shingles, membranes, and any other damage conditions.
    3. Photograph any suddenly occurring water stains on ceilings, walls, baseboards, casing materials inside your home.
    4. Video any abnormal pooling water on flooring surfaces in your home.
  2. Second, take action to prevent further damage to your home including:
    1. Drying up water inside your home.  Depending upon the extent of water this may require professional help from a dry out or water mitigation company.
    2. Stopping further water from entering your home thru the installation of roof, window, door, and exterior wall coverings such as tarps, shrink wrap, plastic, and plywood. Depending upon the extent of damage to your roof, window(s), door(s), or exterior wall(s) this may require professional help from a roofer or water mitigation company.
    3. Documenting and removing damaged building materials as well as personal property for storage and later inspection (e.g. furniture, clothing, electronics, etc.)
    4. Be sure to take photos and videos of your damage prevention efforts to document to provide later to your insurance company.
  3. Third, get professional help in handling your claim and file your claim as soon as possible:
    1. The extent of damage suffered from a hurricane can be overwhelming and having a professional in your corner to handle your claim from the beginning to end can make a big difference in obtaining money needed to restore your home to its pre-loss condition.
      1. You can either hire a public adjuster or an attorney to handle your claim.
      2. Per Florida law for hurricane claims the maximum fee a public adjuster can charge is 10% of what is recovered on your behalf.
      3. Attorneys can sue an insurance company on your behalf if you are unable to recover a sufficient amount to restore your home to its pre-loss condition through the claims process.  Under Florida law attorneys can seek their attorney fees directly from the insurance company upon winning a judgment in your favor, which means that after a lawsuit is filed, they do not have to take a percentage of what they recover for you, but instead can seek their fees directly from the insurance company on top of what they recover for you. 
      4. The advantages of hiring a professional to handle your claim rather than going it alone is they can help you avoid missteps during the claims process and be there to answer questions about policy reviews to verify coverage, conducting recorded statements, examinations under oath, completing sworn proofs of loss, responding to document requests, getting damage estimates, obtaining mitigation services you will need, and negotiating claim adjustments.
      5. Ensure you timely report your claim with the assistance of your professional 
  4. Fourth, keep and store damaged building materials and personal property you removed for future inspection by your insurance company as well as any receipts, invoices, or reports for services you obtained on your loss.  If it is an unsafe health hazard to store damaged building materials and personal property, then ensure you video and photograph damaged materials before discarding.  Receipts, invoices, reports, contracts, etc. from roofers, dry out or water mitigation companies, home repair supply houses, handyman, etc. need to be kept for review later along with their contact information.
  5. Fifth, monitor for newly occurring damage at your insured property and document with photos and videos, keeping in mind that the full extent of hurricane damage may not reveal itself for weeks, months, or even years after the storm has passed thru.

Performing these immediate actions after a hurricane can greatly aid in the processing of your property insurance claim later.  If you need help with your claim, give our office a call or send us an electronic message as property insurance claims are what we do.  We look forward to helping you navigate and handle your Hurricane Ian property damage claim. 

Disclaimer: The information provided in this blog, posting, or article does not, and is not intended to, constitute legal advice; instead, all information discussed is for general informational purposes only.  Information in this blog, posting, or article may not constitute the most up-to-date legal or other information.

Readers of this blog, posting, or article should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this blog, posting, or article should act or refrain from acting on the basis of information contained in this blog, posting, or article without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this blog, posting, or article does not create an attorney-client relationship between the reader, user, or browser and authors, contributors, contributing law firms, or Watson Et Barnard partners or associates.

The views expressed within this blog, posting, or article are those of the individual authors writing in their individual capacities only – not those of their respective employers, partners, associates, or staff.  Watson Et Barnard PLLC, its members, employees, and agents hereby expressly disclaim all liability with respect to actions taken or not taken based on the contents of this blog, posting or article.  The content in this blog, posting, or article is provided “as is;” no representations are made that the content is error-free.

Christopher WatsonWhat immediate actions should you take after suffering hurricane damage to your insured home to aid in your insurance claim?
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Is the damage you suffered at your home covered under your insurance policy?

This a question insured homeowners often struggle to determine before filing a claim.  Each policy is different and must be reviewed and evaluated to identify what is and is not covered.  Some policies are “all-risk” policies meaning they cover for direct physical damage to your home caused by any peril unless specifically excluded, excepted, or endorsement limits apply, while others are “named-peril” policies meaning they only cover a stated list of named perils which could include only a few of the following general categories:

  • Hurricane
  • Fire or Lightning
  • Windstorm or Hail
  • Explosion
  • Riot or Civil Commotion
  • Aircraft
  • Vehicles (unless caused by the insured)
  • Smoke
  • Vandalism or Malicious Mischief
  • Theft (limit of liability on HOA is usually $1,000)
  • Volcanic Eruption
  • Falling Objects
  • Weight of Ice, Snow, or Sleet
  • Accidental Discharge or Overflow of Water or Steam
  • Sudden & Accidental Tearing Apart, Cracking, Burning, or Bulging
  • Freezing
  • Sudden & Accidental Damage from Artificially Generated Electric Current

Often named peril policies are even more specific in defining what peril they cover and have exceptions or limits placed upon the named perils covered requiring further interpretation to determine the extent of coverage and what you can expect as a possible outcome should you choose to pursue a claim.  

There are sometimes additional coverages under a policy that insured homeowners are unaware of or could have simply forgot they optionally selected when they obtained their policy such as (This is a sample list and is not all encompassing of all Florida property insurance policies.):

  • Reasonable emergency measures
  • Tree, shrubs, and other plants
  • Fire department service charge
  • Property removal
  • Loss assessment
  • Collapse
  • Castrophic ground cover collapse
  • Debris removal after a hurricane or other catastrophe
  • Burglarization of your property
  • Personal property damage (e.g. furniture, clothing, artwork, firearms, jewelry, etc.)
  • Limited fungi, wet rot, dry rot, mold, and bacteria coverage with differing coverage amounts
  • Limited screen enclosure coverage
  • Glass or safety glazing material coverage
  • Golf cart coverage
  • Identity Theft
  • Credit card, electronic fund transfer card or access device, forgery and counterfeit money
  • Limited water damage
  • Optional sinkhole
  • Ordinance or law coverage
  • Water backup or sump overflow
  • War and nuclear hazards rider

Even though a peril may be covered, the recovery of money to place your home back in its pre-loss condition may still be excluded, excepted, or limited.  Such exclusions could include but are not limited to:

  • Neglect
  • Ongoing long-term damage
  • Failure to prevent further damage or mitigate
  • War or nuclear hazard related damage
  • Violation of ordinance or law
  • Earth movement
  • Water flooding, tidal waves, spray, surface water, etc.
  • Power failure
  • Intentional loss
  • Governmental action
  • Assignee or third parties
  • Criminal or illegal activity
  • Pre-existing damage
  • Overlapping damage from multiple claims
  • Fungi, wet rot, dry rot, or bacteria
  • Improper or poor-quality repair work resulting in property damage
  • maintenance related causes
  • Leaks from or damages to roofs or plumbing systems caused by age, normal wear and tear, obsolescence, fading, oxidization, weathering, deterioration, decay, marring, delamination, crumbling, settling, cracking, shifting, bowing, bulging, bending, leaning, shrinkage, expansion, bellying, contraction, corrosion, 

As you can see it is not easy to interpret a property insurance policy to determine what is and is not covered under your policy.  However, at Watson Et Barnard Law as a courtesy we can take the guesswork and confusion out this determination of whether the loss you suffered is covered under your policy.  We can also explain the claims process to you and what to expect should you choose to file a claim.  Give us a call or send us a message to put our expertise to work for you in getting the money you need to restore your home to its pre-loss condition.  Remember we only get paid if you get paid on your claim.

Disclaimer

The information provided in this blog, posting, or article does not, and is not intended to, constitute legal advice; instead, all information discussed is for general informational purposes only.  Information in this blog, posting, or article may not constitute the most up-to-date legal or other information.

Readers of this blog, posting, or article should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this blog, posting, or article should act or refrain from acting on the basis of information contained in this blog, posting, or article without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this blog, posting, or article does not create an attorney-client relationship between the reader, user, or browser and authors, contributors, contributing law firms, or Watson Et Barnard partners or associates.

The views expressed within this blog, posting, or article are those of the individual authors writing in their individual capacities only – not those of their respective employers, partners, associates, or staff.  Watson Et Barnard PLLC, its members, employees, and agents hereby expressly disclaim all liability with respect to actions taken or not taken based on the contents of this blog, posting or article.  The content in this blog, posting, or article is provided “as is;” no representations are made that the content is error-free.

Christopher WatsonIs the damage you suffered at your home covered under your insurance policy?
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What is “Actual Cash Value” vs “Replacement Cost Value” in property insurance?

When you’re purchasing an insurance policy for your property you will likely be given many different choices provided by different carriers. Deductibles, coverage amounts, and annual premiums will all vary in different ways. But, it’s important to know how the value of the damage will be measured when its time for your insurance carrier to make a payment for your insurance loss. These options come in two flavors: “Actual Cash Value” or “Replacement Cost Value”. In order to understand the difference between the two, you must first understand what Replacement Cost Value is.

“Replacement Cost Value” or RCV

Replacement Cost Value (or “RCV”) determined by measuring what it would cost to replace the damaged structure on the same premises. When determining RCV, you only examine the cost to replace the damaged item without looking at the condition or age of the damaged item. For example, if your wall is broken, the replacement cost value of the damaged property is going to be whatever it costs to fix that wall in the same or similar condition it was before it was damaged. For example: if your 10-year-old shingle roof gets ripped off during a hurricane, then the value of that loss is cost of replacing that missing roof with a new shingle roof. It doesn’t matter how old your roof was when it got destroyed. If it costs $20,000.00, then the RCV of the loss is $20,000.00.

“Actual Cash Value” or ACV

“Actual cash value” is generally defined as “fair market value” or replacement cost minus normal depreciation,” where depreciation is defined as a “decline in an asset’s value because of use, wear, obsolescence, or age.” With these definitions, actual cash value could be measured in different ways:

First let’s talk about Fair market value. Fair market value is what the damaged property would cost if you were examine other properties of like kind and quality. For example, appraisers in the real estate market will inspect your property, then compare it to similar properties in your neighborhood, then determine the value of your property. Another example is when you’re looking to buy a used cell phone on Ebay or Amazon, the market will dictate the value of that item or good. Fair market value can be a wide range of valuations that take in consideration different variables such as the age, quality, availability, and condition of a piece of property.

However, Insurance companies commonly determine Actual Cash Value by using the “RCV minus depreciation” approach. This is accomplished by looking at the damaged property and determining what it will cost to fix it or replace it using like-kind quality materials. In practice they first determine how much it would cost to replace the property and assign it a dollar value (“RCV”). Then they subtract an amount which takes in consideration of how old, used, or worn out the property was before it was damaged (Depreciation). Let’s look at the breakdown using a VERY simple example of $600 cabinets.

The Value of New Cabinets of similar type RCV $600
Given the age, condition, and wear of the cabinets, we’ll say they cabinets were depreciated about 10% Depreciation $60 (10%)
New cabinets – depreciation = ACV ACV $540

Somehow, the adjuster found like-kind and quality cabinets for $600. Then the adjuster will examine the damaged cabinets, maybe see a bit of wear and tear, and determine that the cabinets were somewhat old and will estimate and apply 10% depreciation amount to the valuation. Subtracting the 10% ($60) of $600 dollars comes to an actual cash value payment of $540. This is basically how these determinations are made in the property insurance industry.

Here’s a tougher example: Let’s say when you bought your home it already had kitchen cabinets installed. One day your home suffers a covered loss and part of that loss includes your kitchen cabinets. Now you have damaged kitchen cabinets and have no idea what it cost to get those cabinets installed. How do you determine the value if those cabinets are no longer manufactured? This should not be an issue if you’ve hired a qualified adjuster, contractor, or cabinet installer. The professional would only need to explore the market for new cabinets which are the same quality and condition as the ones you had. This is usually achieved by using estimating software based upon the dimensions of the cabinets. Then they would just use that value in order to determine the actual cash value or replacement cost value of your loss.


1Trinidad v. Florida Peninsula Ins. Co., 121 So.3d 433, 438 (Fla 2013).
2It will matter to an insurance company for the purposes of whether the damage is covered.
3Id. at 438 citing Black’s Law Dictionary 509, 1690 (9th ed. 2009).
Christopher WatsonWhat is “Actual Cash Value” vs “Replacement Cost Value” in property insurance?
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Mold Damage: Are You Covered?

Mold is one of the most stressful things you can find in your home. It is stinky, can cause major damage to your house’s structure, and can even threaten your health. Many people don’t think about the potential for mold until they’re confronted with it, but it’s a very real issue, especially here in Florida where water damage occurs so frequently from incidents like hurricanes.

Home insurance policies are often unclear as to what extent of mold coverage they provide. Sometimes mold damage is mentioned as an exclusion and sometimes it can only be covered as a part of a larger water damage claim.

In general you will find wording that states mold issues are only covered if they stem from an already-covered peril. So if mold appears as a result of a flood from a broken water heater, it would be covered, whereas if it simply begins appearing on the ceiling or develops after a small leak that you didn’t think was important, it wouldn’t.

You also must consider that repairing mold damage can be extremely expensive. It can cost fifteen- to thirty-thousand dollars to fix, while most homeowner’s policies cap how much they’ll cover at one- to ten-thousand.

When mold becomes an issue in your home, a basic homeowner’s insurance policy may simply not be enough. Since Florida is considered a mold-prone area, it is wise to look for an additional rider for this coverage. Unfortunately, because of our state’s propensity for mold, this rider can be more expensive here than it would be elsewhere.

Whether or not you have insurance for mold, it is best to do what you can to prevent this problem from ever occurring. We recommend:

  • Using a dehumidifier
  • Cleaning out your gutters frequently
  • Bleaching your bathroom frequently
  • Checking crawl spaces for dampness
  • Installing an exhaust fan in your bathroom and/or kitchen
  • Keeping your pipes and appliances in good condition
  • Avoiding letting water accumulate anywhere in your home
  • Avoiding installing carpets in damp rooms

If you encounter an issue with mold and need help filing a claim or determining whether or not your covered, the team at Watson et Barnard, PLLC can help. We have extensive experience tackling insurance issues on behalf of our clients. We even offer a free consultation and a free on-site inspection to assess your damages. Contact us today!

Christopher WatsonMold Damage: Are You Covered?
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Appraisal Appeals FAQ

When you buy a homeowners insurance policy, you expect that if anything happens to your property, you will be compensated fairly by your insurance company. But sometimes the claim settlement that the company offers you falls radically short of what you were expecting and sometimes a claim that seems completely reasonable is denied. When these situations occur and you want to dispute what your insurance company says, it is sometimes possible to do so by way of appraisal.

What is an appraisal in the world of homeowners insurance?

As with appraisals for general real estate purposes, getting an appraisal as it relates to homeowners insurance is a process in which a third party with no stake in the situation determines the value of something.

Generally two competent, independent appraisers will look at the damage to your home and try to come to an agreement about how much you are owed.

Who picks the appraiser?

You pick one appraiser and the insurance company picks the other.

What if the appraisers cannot agree and reach a deadlock?

There will be another neutral third party, referred to as an umpire, who steps in to resolve any deadlocks between the two appraisers.

Who chooses the umpire?

The appraisers are tasked with choosing the umpire. If they cannot agree on an umpire, the choice may be made by a district court judge in the district where the loss happened.

What are the downsides of an appraisal?

An appraisal can only be useful in certain types of disputes. If you disagree about whether your insurance has to pay for the damage at all, or whether the type of damage is covered by your insurance, an appraisal won’t do much good. Appraisals can only determine the amount of loss.

Who can help me if I am dealing with property damage and insurance claims?

The team at Watson et Barnard, PLLC is here to help you. We are passionate about helping clients better understand their insurance policies and guiding them in getting the settlement they deserve when their property has been damaged. If you or someone you know has a question or issue with their property insurance company or insurance claim, do not hesitate to contact us. We offer a free consultation and free on-site inspection to assess the damages to your property. You can reach us at (305) 665-0000. We look forward to partnering with you!

Christopher WatsonAppraisal Appeals FAQ
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Five Documents You’ll Need at Your Examination Under Oath

Whenever you file an insurance claim, your insurance company typically conducts an investigation. They do this for several reasons — to uncover fraud, but also to find ways they might be able to reduce the claim or deny it completely on a technicality. It’s also likely that part of their motivation is making the process more difficult so that their client is more likely to give up and take a loss.

Part of the insurance company’s investigation process is what’s called an “examination under oath.” This process is not common. If you’re being asked to sit for an examination under oath, your insurance company is having an issue with the documents you’ve provided or the facts and circumstances surrounding the claim. This is a formal contractual process where a representative of the insurance company asks you questions about the claim under oath. At Watson et Barnard, PLLC., we have extensive experience helping clients get through their examinations under oath. Before every examination under oath, you will receive a letter from your insurance company or its attorney requesting you bring several different documents. These typically include:

1. Photos of damage

It is helpful to have photos of the damage for which you are making your claim. Having photos of the property before and after the damage occurred will assist your insurance company in completing its investigation.

2. Bank statements

You may be asked questions about some of the costs you expended around the time of the loss. Having bank statements to consult can help you answer such questions accurately. However, these bank statements should not just be handed over to your insurance carrier simply because they ask for them. Your financial situation is completely irrelevant as to whether or not your insurance claim is covered by your policy. When in the wrong hands, your financial situation can be used as a way for your insurance company to pressure you into an unfair settlement. We recommend that you consult with an attorney before handing over bank statements to your insurance company.

3. Records of previous insurance claims

You may be asked about past insurance claims, so it is useful to have the details of these on hand during your examination. Although this is a time to disclose past insurance claims or damages to your property, you should be careful to understand the difference between what was claimed and repaired on your past insurance claim and what is being claimed now. A cunning insurance company representative may attempt to confuse the issues and policy language in order to persuade you to withdraw your current or parts of your current claim. Again, we strongly recommend consulting with an attorney if you are asked to bring these documents.

4. Lease agreements

If you are making a claim for loss of rent or use, you may need to be able to demonstrate how much money you were receiving from rental payments before the damages occurred.

5. Anything else requested by the insurance company

The insurance company will provide you with a list of documentation that they want you to bring with you to your examination under oath. It may include the documents above and/or other documents. It’s important to follow their instructions in order to fulfill your duty to cooperate with the insurance claim. If you’re unsure what is relevant or truly required, you should immediately contact an attorney experienced with examination under oaths.

Who can help me prepare for my examination under oath?

At Watson et Barnard, PLLC., we have extensive experience helping clients navigate insurance claims of all shapes and sizes, and achieve the highest possible compensation. If you’ve made or plan to make a claim, we can help. If you’re dealing with an insurance issue in South Florida, call us at (305) 665-0000 to schedule a free consultation. We can even offer a free on-site inspection to assess the damages to your property. We can’t wait to hear from you!

Christopher WatsonFive Documents You’ll Need at Your Examination Under Oath
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