Hurricane, Homeowner, & Property Damage insurance Claims

West Palm Beach & Palm Beach County Hurricane & Other Property Damage Claims for Home, Business, Condo or Association

Specializing in Property Claim Assistance for:

• New Insurance Claims;
• Underpaid Insurance Claims;
• Denied Insurance Claims

Florida residents and businesses are accustomed to hurricanes. Hurricane season runs from June 1 to Nov. 30, with the vast majority of storms forming from mid-August to late October. The peak is Sept. 10^th.

Besides storms and hurricanes, other Florida property damage losses are commonly caused by:

• flood;
• wind;
• fire and smoke;
• water (often a leak);
• tornado;
• mold;
• accidental damage;
• theft and vandalism

Policyholders hope that in the event of a storm or other loss, their property insurer will work to pay out legitimate claims quickly and fairly. Unfortunately, insurance companies are often more interested in protecting their bottom line than they are adjusting their policy-holders’ claims in a legal and ethical manner.

They engage in tactics to delay and draw out the claim process, believing that the policyholder, as the “little guy,” will eventually be forced to give up. Many companies employ that business model.

They will often try to:

• pay out as little as possible;
• significantly underestimate the extent of losses; or
• misrepresent the cause of the loss

Many companies employ that business model.

Some common tactics insurance companies use to reject claims include:

• Inaccurate damage estimates and low-ball settlement offers;
• Claiming that the damage pre-existed the date of the loss;
• Delaying a claim resolution until near the filing deadline;
• Requiring unnecessary paperwork from you, its policyholder;
• Claiming that you do not require compensation for the repairs;
• Claiming that the damage is somehow not covered by the policy;
• Claiming your damage was not caused by an event that is covered by the policy; and
• Underpaying your claim or attempting to force you to settle for less than your claim is worth

One unscrupulous tactic used by insurance companies is to adjust your claim to incorporate only temporary (band-aid) repairs, when, in fact, your home or business requires replacement of everything in the entire damaged area. For example, many times insurance companies are only willing to pay for repair to one roof shingle/tile, floor tile or a single kitchen cabinet, when the policy actual requires replacement of the entire roof, floor or kitchen cabinets.

Another example is found in the way many insurance companies handle roof leak claims. Many people do not understand the proper presentation of a roof leak insurance claim. A roof leak can cause water to flow down your walls and onto the floor, causing severe damage to the interior of your home or business. Although the costs to repair the roof may not be covered under your insurance policy, the damages to the interior of your home caused by the leaking water are most likely covered. Insurance companies will not tell you that they are obligated to pay for all ensuing water damage including damage to the ceiling, walls, drywall, electrical system, cabinetry, flooring and any other interior parts of your home or business that sustained water damage, Virtually any ensuing damage resulting from the leakage of water is covered by your insurance policy, as a water damage claim.

If your insured apartment building, condominium, townhouse, office building, shopping center, warehouse, or other property was damaged or destroyed by a covered event, and your insurance company is delaying or denying your claim, or is otherwise treating you unfairly, then call Palm Beach County property damage claims lawyer, Andrea McMillan, with the Law Offices of Andrea McMillan, at (561) 612-5700. We will provide you with the help you need.

Our firm handles all covered property insurance claims, including those involving:

• Appliance Discharge;
• Fire Damage;
• Flood;
• Hurricane Damage;
• Mold;
• Plumbing/Pipe Breaks or Bursts;
• Roof Leak Damage;
• Sinkhole;
• Tornado;
• Water Damage;
• Windstorm Damage

Homeowners’ Property Damage Claims

If you are like most people, your home is the largest investment you have ever made. It is usually the culmination of years of hard work and savings, and represents your own personal space, where you feel comfortable and secure. It’s your castle…your sanctuary.

You try to protect your home by buying a homeowners’ insurance policy, which is a contract. In that contract, you and the insurance company make promises to each other. You promise to pay your premiums, and your insurance company promises to stand by you, in the event disaster strikes your home. You feel secure, thinking that, in the event of a covered loss, your insurance company will promptly pay to repair or rebuild your home, and/or replace your personal property.

But then disaster strikes. The tree falls on your roof, the pipe in your bathroom bursts, or an appliance fire damages your kitchen. You’re feeling the stress of it all.  You make a claim for the damage with you homeowners’ insurance company. You think the company will promptly process the claim and pay you fairly for the damages, so you can make the necessary fixes and move on with your life. But you’re hitting roadblocks along the way—maybe even at every turn. You’re angry and frustrated, and then—you realize that your insurance company is not living up to its end of the bargain.  It’s not keeping its promise to you.

Instead of promptly paying your claim for damages, the company keeps delaying payment, and/or is not agreeing to pay you the full amount due you, or is outright denying payment. So, rather than alleviating your stress and economic loss, your insurance company—which has been collecting your policy premiums for years–is adding to your stress.

Now, you’re dealing with the stress of the underlying loss from the property damage, plus, the stress of your own insurance company’s refusal to deal fairly with you.

Florida law requires an insurance company to act in “good faith and fair dealing,” when carrying out its legal obligations to its insured customers. Sometimes, this duty is referred to by hurricane property damage lawyers and courts as the “covenant of good faith and fair dealing.” Unfortunately, it is fairly common to find insurance companies breaching this “covenant of good faith and fair dealing” with their policyholders. Often this type of claims-handling approach is part of a company’s business model. The idea is that if the company frustrates you enough, the stress of the process will overwhelm you, and you will walk away without receiving the benefits you are due under your insurance contract.

But you don’t have to go it alone. We’re here to help you—with zero out-of-pocket cost to you.  If you suffered property damage as a result of a hurricane, burst pipe, fire, flood, tornado, lightning, or another event covered under your policy, contact us for a free Florida property damage claim consultation at (561) 612-5700.  Palm Beach County property damage claims lawyer, Andrea McMillan, with the Law Offices of Andrea McMillan, handles Florida property damage claims on a contingency fee basis. This means you don’t pay us out of pocket to help you. We only get paid if you recover money on your claim.

Who Pays The Attorneys’ Fees When We Help You?

In many cases, your insurance company will be required to pay our attorney’s fees in your case, under Section 627.428, Florida Statutes. This statute is often serves as a hammer over the head of an insurance company to deal fairly with its policyholder.  The longer the company wrongfully fights the claim, the more attorney’s fees it will potentially have to pay. Without an attorney challenging its claims-handling, your insurance company does not feel the threat of having to pay attorney’s fees; it has no economic incentive to treat you fairly. It only has an economic incentive to treat you unfairly. Call us today.

Florida Homeowners’ Insurance Toolkit

Florida’s Department of Financial Services Division of Consumer Services created a Florida Homeowners’ Insurance Toolkit. The Florida homeowners’ insurance toolkit provides basic information on:

• a Florida homeowners’ insurance policy;
• what the policy may cover;
• creating a property inventory; and

the homeowners’ insurance claims process.

The Different Coverage Categories In A Florida Homeowners’ Insurance Policy

Most homeowners’ policies in Florida are broken down into different coverage categories.  Homeowners can typically choose their coverage levels for these categories, as well as their deductible levels. The categories are:

• Structure Coverage -generally covers the physical structure of the property (the building itself). This may include:
  • roof tiles;
  • siding;
  • walls, and
  • flooring

We can evaluate the policy to see what your specific policy covers and what may be excluded.

• Other Structures Coverage-Your policy may provide coverage for Other Structures. This typically covers property damage to:
  • sheds;
  • fences;
  • barns; and
  • boats (sometimes)

• Personal Property Coverage- covers the contents of the structures, such as:
  • furniture; and
  • clothing

• Loss of Use Coverage (also called Additional Living Expense Coverage) – can help provide additional coverage for extra costs for:
  • food;
  • housing;
  • telephone;
  • relocation;
  • storage;
  • utility installation and furniture rental for a temporary residence;
  • other expenses

What You May Be Entitled to Recover, Under The Terms of Your Insurance Policy

• Repair of the structure– The insurance company is generally required to pay to have your structure rebuilt, including any walls, floor, and roofing. If the company fails to do so, we may be able to assist in forcing it to do the right thing under the policy’;
• Money for living expenses– You may be entitled to money for your living expenses, following the hurricane or property damage. This may include money for gas, food, and hotels;
• Money for property damage – You may be entitled to money to pay for any damage to your personal property, as a result of the storm. This may include money for appliances, furniture, and clothing;
• Boat damage – If you lost your boat or your boat was damaged, your boat insurance or homeowner’s insurance may cover you, depending on the policy language. If covered, we look at the policy to see whether you are entitled to actual cash value, replacement value, or to have the boat repaired if possible;
• Landscaping damage – If you lost any trees or had damage to your landscaping, you may be entitled to reimbursement or money to restore your landscaping to the condition it was in, prior to the storm, or loss;
• Other structure damage – If you had any damage to a shed, boat, fence, barn, playground, or other structure on your property, you may be entitled to compensation for the actual or replacement value of the property;
• Cleaning – If you had any damage to the interior of your property, you may be entitled to money for deep cleaning of the property, following the damage – causing event;
• Food – If you lost power, or otherwise had to throw out your food as a result of a damage-causing event, like a hurricane or fire, you may be entitled to money to replace your groceries.

Keep receipts. If you had any other out-of-pocket expenses as a result of a storm, or other event that caused damage to your property, you may be entitled to reimbursement from your homeowners’ insurance.

Getting proper repair estimates and documentation, like photo evidence of your damage, dramatically increases your chances of success. It can also significantly raise the value of your claim, raising your odds of getting all the compensation you deserve to repair the damage and get on with your life.

The Law Offices of Andrea McMillan will not only assist you with the filing process, but we will also gather the evidence and documentation needed to support your claim for full damage compensation.

If you have any questions about something your insurance company is not covering, contact the Law Offices of Andrea McMillan at (561) 612-5700.

Homeowners’ Insurance Deductible

A hurricane deductible applies whenever the National Weather Service or U.S. National Hurricane Center declares a storm, and also applies a name or number to it. Think of Hurricane Katrina.

How do homeowners’ insurance deductibles work? Most policies have different deductibles for each coverage, and an additional deductible, if the damage is caused by windstorm, like a hurricane. The separate deductible for hurricanes and windstorm damage is a percentage of your home’s value. This can be from 1 to 10 percent.

Typically, you don’t actually have to pay the deductible out- of- pocket to the insurance company or anyone. When the insurance company appraises the property to come up with an amount of money it will offer to cover the damages, it will simply deduct your deductible from the total settlement.

For example, if a homeowner has a house worth $500,000, and the windstorm policy has a 2% hurricane/windstorm deductible, then the deductible is $10,000.00. If the homeowner sustained $100,000.00 in property damage as a result of Hurricane Irma, then the insurance company should pay $90,000.00 to settle the claim; that is, $100,000.00 total damage minus the $10,000.00 deductible.

Exclusions In The Insurance Policy

Most homeowners’ insurance policies have exclusions. An exclusion is a condition in the insurance contract that states that if the damage to the property occurs in certain ways, then the insurance company does not have to pay. Following a major hurricane, like Hurricane Irma, insurance companies often try to use exclusions in the policy to:

• deny legitimate insurance claims; or to
• charge a high deductible under one coverage, when another coverage with a lower deductible may apply.

Let us look at the policy language to see what is covered, what exclusions are spelled out in the policy, and the coverage to which you are entitled.

Your Legal Duty To Mitigate (Lessen) Your Damages 

Under the mitigation of damages doctrine, a person who has suffered an injury or loss must take reasonable action, where possible, to avoid additional injury or loss. If a person fails to take protective steps after suffering an injury or loss, then the amount of money the person recovers for the loss, may be legally reduced.

This means that after your property has been damaged, you are legally obligated to take steps to prevent further damage, even if the insurance company has not yet paid you funds to repair the damage. If you don’t, the  insurance company may not cover all your damages, and may be legally justified in doing so.

For example, if a pipe burst in your ceiling and water leaked all over your furniture, you must take action to mitigate or lessen the damages, by moving the furniture to a dry area to prevent further damage.

If you have a pipe break under the floor in your laundry room, and the laundry room floor is flooding, then you must take photos of the flooded area, call your insurance company and report the claim, and immediately call a plumbing company to find and repair the leak. If you allow the water to keep flowing, your property will be further damaged, and your insurance company will not pay for that additional damage. The company will be legally justified in not making full payment, because under the mitigation damages doctrine, you were legally obligated to take steps to prevent further damage.

So what if when you call the insurance company to report the claim, the company tells you not to fix the problem until it has had a chance to send an adjuster out to inspect the problem?  That instruction from the company would conflict with your duty to mitigate your damages. You may feel like you’re in a Catch-22 situation. What do you do?

The answer is: you mitigate you damages by taking immediate steps to repair the loss. Your insurance policy, which is a contract, likely explicitly states that you have a duty to mitigate your damages.  In fact, your insurance policy may even have a clause stating that if you don’t mitigate you damages, the loss will be excluded from coverage. This means that the company would owe you nothing for the loss.

So, ALWAYS READ—AND RE-READ— YOUR INSURANCE POLICY, which is the contract that sets forth your legal duties, in the event of a loss. If your company tells you to wait to repair the loss, explain that you will be following through on your duty to mitigate, by taking immediate steps to reduce or repair the damage. However, you should always make sure you take photographs of the damage as it was, before the repairs are made. Those photos will be important evidence showing the pre-repair damage.

Finally, even if your insurance policy does not explicitly state that you have a duty to mitigate your damages, it is likely that a judge or jury will later find that you should have mitigated your damages, by making the repairs without delay. That finding will mean a reduced recovery for you. The bottom line is: always mitigate your damages.    

Your Right to Choose Your Own Contractor

Under Florida law, an insurer who offers residential coverage may contract with a building contractor skilled in techniques that mitigate hurricane damage. Insurers may offer policyholders the option to select the services of such building contractors to repair damage covered by the insurance policy. The insurer must guarantee the building contractor’s work and may offer the policyholder any other terms, conditions, or benefits. However, the insurance company is not liable for the actions of the building contractor.

Insurance companies may try to push their contractors on you, or tell you that they have special discounts or rates with certain contractors, but they may not be acting in your best interest. Often, the insurance company’s contractor is working at a reduced rate, in order to save the insurance company money. The bottom line is that you have the right to choose your own contractor to repair your home.

Condominium Owner Insurance Claims

Condo owners and condo associations face unique problems after a storm. There are typically multiple insurance policies at play when a condo unit is damaged: the individual condo unit owners’ policy; and the condo association policy. Many times there is also a flood policy that applies to some of the loss. Confusion often arises after property damage inside a condo unit, as to who pays for what damage. The condo association may try to deny the claim and argue that the damage is the condo unit owner’s responsibility. Much of the responsibility of who pays for what depends on the language of the condo insurance policy, your own condo unit owner policy, as well as the condo documents themselves.

The typical condo owners’ insurance policy covers the inside of the condo and damage to the contents in the condo. Most policies also provide coverage for “additional living expenses” while the condo owner is out of the unit. These additional living expenses pay for a hotel or a rental home while the damaged property is being repaired.

The condo association policy typically covers the “common elements,” such as the roof, drywall, and structural elements. Typically, a condo association policy covers the structure of the property to the studs of the wall, though it may differ by policy. This means that anything in the common areas should be covered by the condo association policy. If a structural wall is damaged, the condo association should be responsible to fix it. They may put the drywall up with the nails showing, and do nothing more, or they may “whitewash” the wall, where they paint it white, as if it were a new wall. It windows break, the condo policy should cover it. The condo association policy typically does not cover appliances, fixtures, built-in cabinets, flooring, window treatments, and paint, within the confines of the condo itself.

You Have Three Years To Make A Claim For    Hurricane Damage

Florida law generally allows you up to 5 years to file a lawsuit against your homeowners’ insurance company if they fail to pay all of your damages, or there is a dispute over the claim. However, Section 627.70132, Florida Statutes, states that a claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall, or the windstorm caused the covered damage.

That means that you must put your insurance company on notice of the claim within 3 years following the hurricane or your claim may be barred. However, as long as you made the claim within 3 years of the hurricane’s landfall, you may still have up to 5 years from the time you incur the damage to file a lawsuit in the event you cannot settle your case without a lawsuit.

The Homeowners’ Claims Process Under Florida Law

Florida law requires an insurance company to handle your claim quickly and efficiently. If they delay paying your claim, they could have to pay attorneys’ fees, costs and interest on your claim.

Section 627.70131, Florida Statutes, requires a homeowners’ insurance company to review and acknowledge your claim within 14 calendar days, subject to few exceptions. The acknowledgment of your claim shall be responsive to the communication. If the communication constitutes a notification of a claim, the acknowledgment from the insurance company should provide necessary claim forms, and instructions, including an appropriate telephone number. Within 10 days from when the insurance company gets the proof of loss statements, the insurance company must begin its investigation into the claim, unless, in general, the policy provides otherwise.

Within 90 days after an insurer receives notice of an initial, reopened, or supplemental property insurance claim from a policyholder, the insurer must pay or deny such claim or a portion of the claim unless the failure to pay is caused by factors beyond the control of the insurer which reasonably prevent such payment. Any payment of an initial or supplemental claim or portion of such claim made 90 days after the insurer receives notice of the claim, or made more than 15 days after there are no longer factors beyond the control of the insurer which reasonably prevented such payment, whichever is later, must be paid with interest. Interest begins to accrue from the date the insurer receives notice of the claim.

The Law Office of Andrea McMillan can handle insurance claim issues in Palm Beach County. Whether you need an attorney to help with a flood insurance claim, homeowners’ insurance claim, or hurricane windstorm damage claim, call us for a free consultation at (561) 612-5700 today.

Florida Mobile Home Insurance Policy Claims

Florida mobile home insurance policies generally give mobile homeowners a few insurance options. These may include a Stated Amount policy, an Actual Cash Value policy, and a Replacement Cost policy.

• A Stated Amount policy is generally where the owner and insurance company agree on a price of the property in the event of a total loss. This limits the coverage for the insurance company, but also provides more certainty in the event of a total loss
• An Actual Cash Value policy is more difficult to resolve because it is based on the value of the property at the time of the loss. Insurance companies may try to reduce the value of the property by a number of factors, like wear and tear or depreciation on the property. They may also pay only what costs are necessary to repair the damage. If a 10 year old TV is damaged, the insurance company may only offer you the value of a 10 year old TV, not the value of what a new TV would cost.
• A Replacement Cost policy generally provides you with the full value of your property as of the date of the loss. No deductions are generally made for wear and tear, or depreciation. If a 10 year old TV is damaged, the insurance company would consider giving you money for a new TV, even if it costs more than you paid for your original TV. The goal is to replace the property you lost with similar property, if available.

Palm Beach County Hurricane & Property Damage Claims Lawyer

We handle Palm Beach County hurricane and other property damage claims.  If you feel that your insurance company wrongfully delayed, denied or underpaid your property damage claim, call hurricane and property damage claims attorney, Andrea McMillan, at the Law Offices of Andrea McMillan today for a free consultation. Call us at (561) 612-5700. We will investigate your claim, let you know what your options are, and represent you at no out-of-pocket cost.

Homeowners’ and Condo Owners’

Insurance Bill of Rights 

• Within 90 days of claim submission, your insurance company must pay or deny your claim (unless the insurer’s failure is caused by factors beyond the insurer’s control).
• If your insurance company denies or delays your claim, and you have to hire a lawyer to help, your insurance company must pay your lawyer’s fees and costs, if you win.
• Your insurer must, within 14 calendar days of submitting your claim, provide you with necessary claim forms and instructions, including an appropriate telephone number.
• When parts of your home (like flooring or your roof) must be replaced, the replaced items must match in quality, color, and size. If the items cannot be matched, your insurer must make reasonable repairs or replacement of items in adjoining areas.
• Your insurance company must pay your entire claim, less any applicable deductibles.
• Most homeowners’ insurance policies are “replacement cost” policies – your insurer is not allowed to make any deductions or depreciation because of age.
• Most homeowners’ insurance policies are “all-risk” policies, in which all risks of loss are covered: your insurer has the burden to show that the loss is caused solely by things excluded from coverage.
• In the event your home was a total loss, your insurer is liable for the total amount of money for which the property was insured.
• If your home is a mobile or manufactured home, your insurer cannot avoid its obligations under the insurance policy, by saying your home was not properly installed.
• If your rights are violated, you don’t have to stand for it. Contact the Law Offices of Andrea McMillan today at (561) 612-5700 for a free, no-risk case evaluation. 

CALL US.  WE WILL HELP YOU

Clink on this link to Our Resources Page, where you will find Helpful Florida Property Damage Information and Resources

Business & Commercial Property Damage Claims

Business & Commercial Property Damage

Commercial property owners have many concerns about the health and viability of their businesses in today’s unpredictable economy. The types of businesses and organizations that may elect to have commercial property insurance include:

•  Building Owners
•  Churches, Mosques, Synagogues, and Temples
•  Condominium Associations
•  Franchises of National Chains
•  Gyms and Recreational Facilities
•  Hotels and Motels
•  Landlords
•  Private Businesses
•  Real Estate Investors
•  Restaurants
•  Shopping Malls and Strip Malls

One way in which businesses protect their financial interest is by securing commercial property damage insurance that covers damage or losses arising from events, such as hurricanes, windstorms, fires, water damage, or accidents. These types of events may inflict substantial damage to a commercial property that slows or stops the business from its normal operations, interrupting cash flow, and threatening the livelihoods of employees.

Common causes of commercial property damage include:

• Accidents Caused by Customers or Employees;
• Damages to Company Buildings or Vehicles;
• Damages to Inventory or Lost or destroyed Inventory;
• Falling Objects;
• Fires;
• Hail Storms;
• Hurricanes;
• Roof damage and Roof Collapses;
• Slip and Fall Accidents;
• Theft;
• Tropical Storms;
• Tornadoes;
• Vandalism;
• Water Damage (Due to Weather, Leaks, Plumbing or Fires);
• Windstorms and Wind Damage

Disputes Over Business & Commercial Property Damage  Claims

When commercial property damage does occur, a business typically files a claim to recover its losses or damages. The business rightfully expects the insurer to settle the claim fairly, reasonably and quickly. However, the reality is that insurance companies are for-profit businesses that employ an army of people to watch the bottom line. This means that they are tight-fisted in making large monetary awards after a claim is filed.

Because a commercial property damage claim often involves damage more extensive than a residential or personal property damage claim, insurance adjusters and damage claim experts tend to scrutinize every detail of a commercial property damage claim. In an effort to save money, insurance companies will often stall, delay, dispute, deny or “subrogate” (blame another party for) the claim. Sometimes a company will even misrepresent the cause of the loss, in order to avoid providing coverage, altogether.

Disputes between commercial insurance companies and business policyholders are often about:

• Determining whether the damage or loss is covered by the insurance policy;
• Determining the replacement cost of the commercial property, if a building or essential equipment was seriously damaged or totally lost;
• Pursuing repairs or paying replacement value, and deciding on appropriate associated costs;
• Valuation of business equipment or other insured items destroyed by a storm, fire, or other disaster;
• Business interruption coverage or valuation;
• Adjustments in business valuation as a result of commercial property damage or loss

Indeed,commercial property insurers often delay, dispute, deny, and underpay claims, or otherwise act in bad faith. Sometimes a company will drag out its investigation of a loss, so that a claim languishes for years. Such delay tactics are designed to make the policyholder give up the fight, and accept less than full compensation for the damage or loss.

Business Interruption Claims

Many owners focus on the damage to the building and do not realize that they may be covered for loss of revenue from the aftermath of the event itself, or the disruption created by necessary repairs. Most commercial property owners are covered for business interruption in their commercial property casualty insurance, for fire loss or hurricane damage, or under a separate rider. However, your insurance company may conclude that your scenario isn’t covered, or may underpay you for business interruption.

Business Interruption Coverage Can Cover:

• Lost income and cash flow;
• Loss of customers who take their business elsewhere;
• Loss of use or rental value;
• Temporary lease of other commercial space

Remember, the longer your insurance company can deny or delay your claim, the longer time it will take until your business is operating again normally.  Every day that your business is closed because of fire or storm damage means lost business revenue for you. Even if you remain open during clean-up and repairs, work crews and construction noise may keep customers at bay. This delay can lead to further damage to your property, a loss of income, a loss of customers, and a loss of your business reputation.

Loss of Use or Rental Value

Loss of use and loss of rental value are typically covered under a general property casualty policy, or under a separate rider. Loss of use includes dangerous, filthy or unlivable conditions, as well as any period the property or unit cannot be occupied because of rebuilding, repair, smoke extraction, etc. All of this means a loss of revenue for you. For owners who really depend on rental income, this loss of revenue can be catastrophic.

Using Experts To Help Prove Your Claim

It is often necessary to hire certain experts to prove a commercial property damage claim. This is particularly true with proving a business interruption claim, where hiring a forensic accountant early on in the claims process can help prove your claim. Additional experts may be needed to model the unique financial aspects of your business. Their professional fees and other mitigation expenses are frequently covered under property policies, subject to certain limits.

Palm Beach County Business & Commercial Property Damage Claims Attorney

If your commercial property or business sustained damage or loss, or if you filed a Palm Beach County commercial property insurance claim that is being delayed, disputed, or denied, then contact the Law Offices of Andrea McMillan today at (561) 612-5700 to schedule an appointment. We handle the full spectrum of commercial property damage claims, including hurricanes and windstorms, fire loss, floods and water damage, damaged roofs, or sinkhole damage. We can bring about a faster resolution to your commercial property insurance claim, or take the insurer to court, if the insurer acts in bad faith.

Some of the ways in which we can assist you in a commercial property damage claim, include:

• Providing aggressive representation in all matters related to your claim in order to protect your rights and help you recover fully from commercial property damage or loss;
• Serving as your capable advocate in correspondence and negotiations with your insurer, by being fully prepared for all questions and disclosing only appropriate information;
• Identifying issues and solving problems while engaging in serious, professional interactions that accelerate the claims process to a speedy and favorable conclusion

We will fight the insurance companies every step of the way for your entitled compensation. Call us today at (561) 612-5700. We will  help determine your rights and remedies under the policy

Don’t Wait. Call Us Now.

Business Owners’ Insurance Bill of Rights

• Within 90 days of claim submission, your insurance company must pay or deny your claim (unless the insurance company’s failure is caused by factors beyond its control).
• If your insurance company denies or delays your claim, and you have to hire a lawyer to help, your insurance company must pay your lawyer’s fees and costs if you win.
• Your insurer must, within 14 calendar days of submitting the claim, review and acknowledge your claim (unless the insurer’s failure is caused by factors beyond its control).
• Your insurer must, within 14 calendar days of submitting your claim, provide you with necessary claim forms and instructions, including an appropriate telephone number.
• When parts of your business (like flooring or your roof) must be replaced, the replaced items must match in quality, color, and size. If the items cannot be matched, you are insurer must make reasonable repairs or replacement of the items in adjoining areas.
• Your insurance company must pay your entire claim, less any applicable deductibles.
• Most business owners’ insurance policies are “replacement cost” policies – your insurance company is not allowed to make any deductions or depreciation because of age.
• Most business owners’ policies are “all-risk” policies, in which all risks of loss are covered: your insurer were has the burden to show that the losses caused solely by things excluded from coverage.

In the event your business was a total loss, your insurer is liable for the total amount of money for which the property was insured. If your rights are violated, you don’t have to stand for it. Contact the Law Offices of Andrea McMillan at (561) 612–5700 for a free, no-risk case evaluation.