As a South Florida property damage attorney, I cannot stress the importance of acting quickly when making a claim for damages against your insurance company. If your home is damaged from during a storm or for any other reason, it is imperative that you do not delay in filing a claim against your insurance company. The new property insurance laws recently enacted make it even more critical to act fast by drastically shortening the time to make a claim against your insurance company. On May 17, 2011 Governor Rick Scott signed SB 408 into law. This bill changes Florida property insurance law by shortening the amount of time to file a claim against your insurance company for windstorm and hurricane damages. This new law also shortens the time to file a law suit for all property damage claims against your insurance company.
Notice of Windstorm or Hurricane
SB 408 creates Florida Statute §626.70132 Notice of Windstorm or Hurricane claim, which became effective on June 1, 2011. This law limits the amount of time to file a claim for property insurance damages from windstorm or hurricane by requiring that policyholders provide their insurer with notice of within three years of the date the damage occurred. This new law applies only to claims for damages sustained from a hurricane or windstorm. For example, if your home is damaged by flooding, this law does not apply. However, if your home was damaged from a hurricane this new law should apply. So if your home is damaged by a hurricane or windstorm, this new law requires that you give your insurance company notice of the damage within 3 years of the date the loss occurred to file an insurance claim. For example, if your home is damaged from a hurricane or windstorm today, do not sit around and let three years go by without mentioning this damage to your insurance company. If you do you will give up your right to make a claim for damage. To avoid this situation, be sure to notify your insurance company of the damage immediately and make your claim as soon as possible. Basically, if you sustain any property damage, especially if that damage was caused by a windstorm or hurricane do not wait around to file a claim or you may be out of luck.
Time to File a Lawsuit for all Property Damage Claims
SB 408 also amends Florida Statute §95.11 to shorten the amount of time for filing a law suit related to a breach of an insurance contract. The new law requires an action for breach of a property insurance contract to be brought within 5 years from the date of loss. Unlike above, this portion of the law deals with all property damage claims, not just damage from hurricanes or windstorms and limits the time to file a law suit in court against your insurance company. In sum, it limits you to five years from the date the damage occurred to file a law suit against your insurance company.
Basically, this new law restricts your time to file a claim for hurricane or windstorm damage against your insurance company to three years and limits your time to file a law suit in court against your insurance company for any type of property damage to five years after the actual loss. If you have sustained property damage and would like to make a claim against your insurance company, be sure to contact a local adjuster or an attorney.
Miami hurricane and storm loss attorneys are here to assist you 24/7. Feel free to call us at 305.764.9907 or 1.888.413.8353.