Panama City Beach Hurricane Damage: Protect Your Insurance Claim

If your Panama City Beach home has hurricane damage, photograph and film it before anything is removed, take reasonable steps to stop more damage, keep every receipt, and report the claim to your insurer promptly. Read any contract from a restoration crew before you sign it. If the insurer later denies, delays or underpays the claim, talk to a property insurance lawyer.

Step 1: Photograph and film the damage before anything is removed

• Take wide shots of every room and every side of the exterior. Then take close-ups of the specific damage.
• Record video and describe what you see as you go, including water lines, roof openings, broken windows and damaged contents.

Florida's Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes applies to insurers that issue personal lines residential property policies. It advises policyholders to keep the damaged property if feasible, keep all receipts, and take photographs or video of the damage before and after any repairs to give to the insurer.

Step 2: Prevent further damage and keep every receipt

Your policy may require you to take reasonable steps to protect the property from further damage. The Bill of Rights separately advises policyholders to make and document emergency repairs that are needed to prevent further damage.

Examples include tarping a roof opening and boarding broken windows. As you go:

• Keep every receipt and invoice for tarps, plywood, fans, equipment rental and mitigation work.
• Keep a simple log with dates, what was done, who did it and what it cost.

Step 3: Read any contract or work authorization before you sign

A crew may give you a contract, work authorization or direct-pay form before starting work. Read every page. Watch for wording about your insurance benefits, payment straight from your insurer, or a fee based on a percentage of what the insurer pays. If a document mentions your insurance benefits, ask a lawyer before you sign it.

The Bill of Rights also advises policyholders to:

• Contact the insurer before signing any repair contract to confirm whether the policy has managed repair provisions or optional preferred vendors.
• Confirm the contractor is licensed in Florida through the Florida Department of Business and Professional Regulation.

Step 4: Report the claim promptly

The Bill of Rights advises filing all claims directly with your insurance company. Write down your claim number and the date, and note the name of everyone you speak with.

Section 627.70132, Florida Statutes applies to property insurance policies, including those issued by eligible surplus lines insurers. Under it, a claim or reopened claim is barred unless notice was given to the insurer under the policy's terms within 1 year after the date of loss. A supplemental claim is barred unless notice was given within 18 months after the date of loss. For a hurricane, the date of loss is the date the hurricane made landfall. These time limits are tolled while a named insured servicemember is deployed to a combat zone or combat support posting, if that deployment materially affects their ability to file.

What your insurer must do, and when

Section 627.70131, Florida Statutes applies to residential property insurers, including surplus lines insurers that provide residential coverage. Under that section:

• Acknowledge: Within 7 calendar days after receiving a communication about a claim, the insurer must review and acknowledge it. This does not apply if payment is made within that time or if the delay is caused by factors beyond the insurer's control. This acknowledgment requirement does not apply to claimants represented by counsel, except for communications necessary to provide forms and instructions.
• Investigate: Unless the policy or the law provides otherwise, the insurer must begin a reasonably necessary investigation within 7 days after it receives proof-of-loss statements. The exception is factors beyond its control. Any physical inspection must take place within 30 days after it receives the proof-of-loss statements. The adjuster must give you their name and state adjuster license number.
• Share estimates: The insurer must send you a copy of any detailed estimate within 7 days after its adjuster generates it.
• Pay or deny: Within 60 days after receiving notice of an initial, reopened or supplemental claim, the insurer must pay or deny the claim or a portion of it, unless the failure to pay is caused by factors beyond its control. It must give you a reasonable written explanation of its decision. If it pays less than its own detailed estimate, it must explain the difference in writing.

Factors beyond the insurer's control include a state of emergency declared by the Governor, if the Office of Insurance Regulation issues an order giving insurers more time. The office may not extend the period for payment or denial by more than 30 additional days. They also include fraud, lack of cooperation or intentional misrepresentation by the policyholder that reasonably prevents the insurer from complying.

These deadlines are also tolled during mediation under section 627.7015 or a dispute resolution process in the policy. They are tolled as well if you do not provide material claims information within 10 days after receiving the insurer's request, but only if that request was sent at least 15 days before the pay-or-deny deadline. Answer information requests quickly.

When to talk to a lawyer

It is worth speaking with a property insurance lawyer if:

• The insurer denies all or part of the claim.
• The insurer misses the timelines above.
• The payment falls short of your repair estimates, or of the insurer's own estimate without a written explanation.

Section 627.7015, Florida Statutes sets up a Department of Financial Services mediation program for claims under personal lines and commercial residential policies. It is available before appraisal or a lawsuit, subject to exceptions in the statute. Before filing most suits under a property insurance policy, section 627.70152, Florida Statutes requires a written notice of intent to initiate litigation. The statute exempts counterclaims from this notice requirement. The notice must be given at least 10 business days before suit, and not before the insurer has made a coverage determination.

Frequently Asked Questions

Can the restoration crew start before the adjuster inspects?

The Bill of Rights advises making and documenting emergency repairs needed to prevent further damage, and your policy may require reasonable steps to protect the property. Photograph everything first, keep damaged materials when feasible, and keep every receipt.

How long do I have to report Panama City Beach hurricane damage?

Under section 627.70132, Florida Statutes, notice of a claim or reopened claim must be given under the policy's terms within 1 year after the date of loss. For a supplemental claim, the limit is 18 months. For hurricanes, the date of loss is the landfall date. Report as soon as you can.

What if the payment is lower than my contractor's estimate?

Under s. 627.70131(7)(a), Fla. Stat., the insurer must give you a reasonable written explanation of its payment, denial or partial denial. If it pays less than its own detailed estimate, it must explain the difference in writing. Ask for that explanation, compare the estimates, and consider talking to a lawyer.

Talk to Louis Law Group

Louis Law Group is a law firm. We do not do restoration, cleanup or repair work. If your Panama City Beach hurricane damage claim was denied, delayed or underpaid, you can see if you qualify or call (833) 657-4812. Our office is at 12 SE 7th St Ste 805, Fort Lauderdale, FL 33301.

This article is general information, not legal advice.