Maus Law Firm

Delays and Partial Payouts — Challenging the Patience of Florida Policyholders

Insurers often engage in strategies meant to challenge the patience of the policyholder and thereby force the policyholder to accept a lower payout, or to simply resign themselves to no payout.  For example, an insurer may excessively delay the processing of the claim, arguing that the delays are due to ongoing investigation of the damage.  By doing so, they hope that you — under pressure to fix the roof and no doubt overwhelmed by the proceedings— will simply move forward without waiting for the insurer and potentially give up on dealing with the hassle they created.

Partial payouts — in which the policyholder is offered an inadequate sum, but a sum nonetheless — are another way in which insurers try to goad policyholders into accepting less than what they’re owed under the policy at issue.

It’s worth noting that Florida law may entitle policyholders to bring an independent “bad faith” action against the insurer (which could even lead to punitive damages) if the insurer failed to investigate and pay the claim in a timely manner, or failed to evaluate the claim fairly under the circumstances. Simply put, if there was no valid justification for the denial, then our Fort Lauderdale roof damage attorneys may be able to sue and recover damages pursuant to a bad faith claim.

Coverage Exclusion as the Basis for Denial

In homeowner’s insurance policies, payouts for roof damage may be limited due to coverage exclusions.

For example, a roof damage claim may be covered if it is caused by a thunderstorm, but not if it is caused by a hurricane.

Such strict categorization for roof damage coverage often leads to a dispute, particularly if the event leading up to the roof damage at-issue is somewhat muddled — if your roof is damaged in a hurricane (which is covered by the policy), the insurer might claim that it was not actually the wind force of the hurricane itself, but a falling tree that caused the roof damage.  You can successfully counter this argument by showing how the hurricane directly caused the tree to fall on your roof.

Contact Our Fort Lauderdale Roof Damage Attorneys for a Free Consultation

Here at Maus Law Firm, our South Florida property damage attorneys have decades of experience representing the interests of policyholders whose real estate property has been harmed, whether due to a storm, fire, or some other unexpected event — including those which cause damage to the roof structure.

We understand the unique challenges that are faced by policyholders who are attempting to secure an adequate payout through submitting a roof damage claim, and are standing by to assist such policyholders in pursuing litigation against their insurers.

Ready to speak to a property damage lawyer at our firm?  Call us at 1-855-999-5297 or complete an intake form through our website to schedule a free and confidential consultation today.