Home or Building Damaged by Hurricane: What Do I Do?
Home or Building Damaged by Hurricane: What Do I Do?
Do I have to do anything after my home or building has been damaged by a hurricane?
Naturally insurance companies owe their insureds a duty to fairly and honestly adjuster the claim. What many people don’t know is that they also have duties under the insurance policy after a loss. Many times, the failure of the homeowner or building owner to comply with their duties after a loss has occurred can cause problems. In order to prevent these problems, you should read you policy to determine what you must do after a loss before the loss happens so you are familiar with your responsibilities if a hurricane damages your property.
Most people in the State of Florida that are located on the water are insured by Citizens Property Insurance Corporation. The Citizens policy typically has a section entitled “Your Duties After Loss” and it provides as follows:
- 2. Your Duties After Loss. In case of a loss to covered property, you must see that the following are done:
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- a. Give prompt notice to us or our agent;
- b. Notify the police in case of loss by theft;
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- c. Notify the credit card or fund transfer card company in case of loss under Credit Card or Fund Transfer Card coverage;
- d. Protect the property from further damage. If repairs to the property are required, you must:
- (1) Make reasonable and necessary repairs to protect the property; and
- (2) Keep an accurate record of repair expenses;
- e. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory;
- f. As often as we reasonably require:
- (1) Show the damaged property;
- (2) Provide us with records and documents we request and permit us to make copies; and
- (3) Submit to examination under oath, while not in the presence of any other “insured,” and sign the same;
- g. Send to us, within 60 days after our request, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief:
- (1) The time and cause of loss;
- (2) The interest of the “insured” and all others in the property involved and all liens on the property;
- (3) Other insurance which may cover the loss;
- (4) Changes in title or occupancy of the property during the term of the policy;
- (5) Specifications of damaged buildings and detailed repair estimates;
- (6) The inventory of damaged personal property described in 2.e. above;
- (7) Receipts for additional living expenses incurred and records that support the fair rental value loss; and
- (8) Evidence or affidavit that supports a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss.
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What this section of the policy is spelling out is that after a loss, you as the insured must promptly let the insurance company know about the loss. Don’t wait days, weeks or months. This will only hurt your claim later.
You must protect the property from further damage. This means that you may need to tarp the roof or board up any broken windows. If there are some minor repairs you can do to protect the property, you should do them and keep any receipts showing the cost to submit to the insurance company. Often times I am asked how much do you have to do to protect your property. A recent case, Forbes v. Prime Gen Constractors, Inc., 2018 WL 42625287 (Fla. 2nd DCA 2018) attempted to answer this questions by holding that the concept of mitigation is often used to refer to the doctrine of avoidable consequences. In contract cases, a person is not required to undertake any ameliorative, (extrodinary) effects, rather must take measure to prevent damage that could have reasonably been avoided. Based on this, you are only required to try to do temporary repairs or coverings that would prevent further damage that can be reasonably avoided.
If you have personal property that was damaged due to the hurricane, like furniture or clothes, you need to prepare an inventory list of those items that were damaged, listing how many were lost, a description of the item, what you believe the item is worth and submit receipts for the items if you still have them.
If the insurance company asks to see the damage or inspect the property, the policy requires that you let them. If they ask for documents like contracts for repair, inspection reports, receipts, or any other documents, if you have them you need to provide them when they are requested. The insurance company is not entitled to originals but they are entitled to copies. If they request what is called an Examination Under Oath, or EUO for short, don’t refuse. This process is like a deposition but the Rule of Evidence don’t apply. Because of this, I would recommend that you contact an attorney to assist you through this process but if you refuse to go to an EUO, it could potentially allow the insurance company to get out of paying your claim.
If the insurance company asks for a document referred to as a Proof of Loss, you must provide that as well. Some policies have a time period, like this one that states you must submit one within 60 days after being requested to do so. Other policies don’t have a time frame so always check your policy. This is a sworn document in which you must list your total amount of damage you suffered. If you fail to get this figure right or attempt to inflate the figure in the hopes of getting more than you actually deserve, the insurance company could void your whole claim on the basis of fraud even if you have a valid claim. If you have questions, about this document, please contact someone like an attorney.
In summary, call in your claim as soon as you can, take measure to protect your property from further damage, cooperate with the investigation of the claim as long as it is reasonable, and make sure you comply with all reasonable requests. If you are asked to do something from your insurance company that you believe is unreasonable, contact us for a free consultation. We are always here to help.
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