What To Do If Your Property Sustains Water Damage

What To Do If Your Property Sustains Water Damage

property damage
Water Damage is generally covered under a homeowners insurance policy, but the way the claim is made and described has a significant affect on whether the insurance company accepts the claim.  In other words, water damage is typically covered, but flood damage is typically not covered.  If you approach your insurance company and tell them that you are making a claim related to water damage, but describe the damage as flood damage, your claim will likely be denied.  On the other hand, if you contact an attorney or a public adjuster and they determine that your water damage is water retention or wind retention damage, your insurance company is unlikely to deny your claim based upon a flood exclusion.  If you have water damage to your home: Discuss your potential…
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What is an Anti-Concurrent Clause with a Homeowners Insurance Policy

What is an Anti-Concurrent Clause with a Homeowners Insurance Policy

property damage
An Anti-concurrent clause is a common clause within a homeowners insurance policy.  Although it is common it is also commonly misused by insurance companies to compartmentalize damages into a coverage exclusion.  Anti-concurrent clauses prohibit recovery when a covered peril and non-covered peril combine to cause damages.  For example, if your home is damaged by wind (covered) and flooding (non-covered) due to hurricane Ian, you may run into an anti-concurrent clause defense from your insurance company.  In this situation, your insurer will deny your claim regardless of the existing wind coverage.  You can get ahead of this issue by getting an attorney at the outset of your client.  Ideally before you make a recorded statement.  Public Adjusters are also helpful in classifying damages and avoiding this type of policy defense.  Be…
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Is Water Damage Covered Under My Homeowners Insurance Policy?

Is Water Damage Covered Under My Homeowners Insurance Policy?

property damage
Damage from water may be covered under a standard homeowners insurance policy.  Damage from water and damage from flooding are commonly separate within a homeowners insurance policy, with flood damage being a common exclusion.  Flood damage coverage typically requires a separate election. FEMA defines flooding as: “A general and temporary condition of partial or complete inundation of 2 or more acres of normally dry land area or of 2 or more properties (one of which is the policyholder’s) from: Overflow of inland or tidal waves; orUnusual and rapid accumulation or runoff of surface waters from any source; orMudflow; orA collapse of subsidence of land along the shore of a lake or similar body of water because of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical…
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Is Wind Damage Covered Under Your Homeowners Insurance Policy?

Is Wind Damage Covered Under Your Homeowners Insurance Policy?

property damage
Wind Damage is typically covered by your Homeowners Insurance Policy.  You can confirm this by reviewing your policy to confirm that wind is noted as a covered peril, if your policy is “all-risk,” or if there is any explanation for windstorms.  If your policy covers, there are two primary types of protection to look for regarding your property: (1) dwelling coverage, which protects the structure of your home such as repairs to your home’s roof, windows, or siding; (2) personal property coverage, which assists with the cost of replacing any personal contents damaged by wind within your home’s structure.   Please keep in mind that all coverage is subject to limits.  If you have coverage for wind damage a deductible will typically apply.  A deductible is the amount you pay out…
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What To Do If You Suspect Hurricane Ian Wind Damage

What To Do If You Suspect Hurricane Ian Wind Damage

property damage
Start by developing a plan, taking action and documenting your work: Immediately photograph any damages to your property.  If you were able to prepare your home by taking photos, gather “before and after” photos.Document and address any damages to your property.  Keep an eye out for potential sources for further damage as a result of wind hitting your property.  If temporary repairs would limit further damages, those repairs should be handled immediately to mitigate damages and avoid policy defenses.  File your claim quickly and keep track of the name and contact information of the insurance adjusters assigned to your claim.Consider hiring a public adjuster or engineer to review any windstorm damage. It is recommended you obtain a second opinion, as a public adjuster’s estimate may differ from the independent adjuster. An outside opinion could…
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Flood Damage vs. Storm/Wind Driven Rain

Flood Damage vs. Storm/Wind Driven Rain

property damage
The claims process is not simple. In fact, its purposely complicated and designed by insurance companies that thrive off of the complications. If your home was damaged by Hurricane Ian and you approach your insurance company without the assistance of an attorney, the insurance company will try and walk you into a policy exclusion and subsequent denial. It is what they do BEST! One of the most common pitfalls is the difference between Flood Damage and Storm Driven Rain. Flood Damage is not covered under a typical homeowners policy. Storm driven rain or wind-driven rain is not in the same damage category as flood damage. Storm and Wind-driven rain damage, regardless of the cause, is a covered peril like wind or lightning.  Storm and Wind Driven rain can cause an…
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Difference Between Personal Injury and Property Damage

Difference Between Personal Injury and Property Damage

property damage
When injured in a car accident, you must make a claim to pursue a personal injury case, but you are not required to have significant injuries or damages to make a claim.  If this is applicable to you, you have two separate components of your claim: the personal injury component and the property damage component. Each aspect is fundamentally different and may even require different lawyers. But here at Quattrochi, Torres, and Taormina, P.A., we handle property damage for free (that’s right, free!) as long as it is a personal injury case as well. Many attorneys do not address the property damage aspect,leaving you as a claimant to fend for yourself against experienced insurance adjusters. Contact us today and we can handle all of your needs at one time. Now…
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Property Damage: Is it important?

Property Damage: Is it important?

property damage
Florida requires a minimum level of property damage coverage, which indemnifies only the damage you may have caused to another’s property or vehicle. The minimum level of property damages coverage does not cover your vehicle if you are involved in a motor vehicle accident.  In order to cover your own vehicle, your will need to elect collision coverage on your auto insurance policy, which covers your vehicle if you are involved in a motor vehicle accident, hit a stationary object or a phantom (hit and run) driver hits your vehicle.  Collision coverage does not cover your vehicle for incidents beyond a motor vehicle related accident.  Comprehensive coverage is necessary to cover theft, acts of god, vandalism, falling objects, flood, fire, animals, or natural disasters.  Comprehensive coverage is commonly required by auto…
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