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    Courts Housing Hurricane Disaster JCL Blog

    Hurricane Season is Here! Step One, If Your Home Suffers a Loss “Promptly” Report Your Claim.

    Emily Chahede
    By Emily Chahede

    Florida is often referred to as “The Sunshine State”, but the onset of hurricane season inflicts great fear onto its residents. Hurricane season takes place annually from June 1 through November 30. Undoubtedly hurricanes are no stranger to Florida and are notoriously known for their tremendous impact and catastrophic effects on residents’ dwellings. From strong winds ranging from 25 to 155 mph, storm surges, endless flooding, and sporadic tornadoes, the results can be lethal. As such, it is highly recommended and encouraged that prior to hurricane season, homeowners obtain a reliable insurance in case of a suffered loss. It is important to note that having this insurance allows for protection to the structure of the house to be covered from disasters, such as hurricanes and windstorms. More importantly, it is crucial and in the best interest of homeowners to thoroughly read the terms, conditions, and policy provisions contained within their insurance to be informed of their rights.

    To illustrate, if for instance a hurricane hits Florida and causes damages to a homeowner’s property, for the insured to benefit from this coverage there must be “prompt notice” provided to the insurance carrier. Now, “Prompt notice” pursuant to the Eleventh Judicial Circuit has been interpreted to mean “reasonable dispatch” and within a “reasonable time in view of all of the facts and circumstances.” Florida Condominium Law Manual § 5.25 (2021). Although in Florida “prompt notice” is analyzed by courts on a case-by-case basis, it is nonetheless better to report a claim sooner rather than later. When a homeowner provides “prompt notice” it then precludes the insurance company from claiming untimeliness as an affirmative defense. On the other hand, when a homeowner fails to report the claim in a timely matter, it then opens the door and opportunity for a legal basis to deny coverage under the terms of the Policy. Ideal Mut. Ins. Co. v. Waldrep, 400 So. 2d 782, 785 (Fla. 3d DCA 1981).

    Insurance Company’s place these sorts of provisions, such as the one at hand because “a notice provision [for example] . . . allow[s] an insurer to evaluate its rights and liabilities, to afford it an opportunity to make a timely investigation, and to prevent fraud and imposition upon it.” Laquer v. Citizens Prop. Ins. Corp., 167 So. 3d 470, 473 (Fla. 3d DCA 2015). Citizens Property Insurance for example, includes a 72-hour notification requirement, which attorneys anticipate will result in claim denials and lawsuits against Citizens. Citizens claims that the reason for the provision is to allow its own adjusters to inspect the damages and approve the cost and scope of such damages. So, what exactly happens if a homeowner suffers a loss due to a hurricane and fails to provide “prompt notice”? Well, at that point the insured then carries the burden to prove that the insurer was not prejudiced by the condition of the untimely notice. Laquer v. Citizens Prop. Ins. Corp., 167 So. 3d 470, 473 (Fla. 3d DCA 2015). In turn, carrying such a burden of proof places a significantly higher standard on the plaintiff and presents loops and obstacles that must be triumphed in litigation.

    All in all, the best course of action for homeowners is to ensure that they are thoroughly versed with the coverage of their insurance. Additionally, if throughout hurricane season a homeowner does experience a loss, that claim should be reported within the time frame specified and pursuant to their coverage. If a homeowner is in doubt at the convenience of homeowners are public adjusters and attorneys who are readily available to serve as an invaluable resource in litigation and aid with potential settlements and compensation for repairs.

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