Having Trouble Getting Insurance Payment for Hurricane Ian Roof Damage?

Having Trouble Getting Insurance Payment for Hurricane Ian Roof Damage?
What to Do If Your Insurance Company Won’t Pay for Hurricane Ian Damage
December 16, 2022
Having Trouble Getting Insurance Payment for Hurricane Ian Roof Damage?
Will My Florida Homeowners Insurance Cover Damage from Hurricane Idalia?
September 21, 2023
Show all
Having Trouble Getting Insurance Payment for Hurricane Ian Roof Damage?

Having Trouble Getting Insurance Payment for Hurricane Ian Roof Damage?On September 28, 2022, the deadliest hurricane in almost 100 years made landfall along Florida’s southwest coast. Hurricane Ian made landfall with wind speeds approaching the level of a category 5 hurricane. The wrath and destruction of Hurricane Ian would be felt along a path from the southwest coast of Florida to the northeast coast where Ian finally moved back out into the Atlantic Ocean. The damage estimates for Orange County alone are estimated to be over $200 million. The powerful winds and torrential rain caused roof damage to thousands of homes and businesses. If you are having trouble getting insurance to pay for roof damage caused by Hurricane Ian, help is available.

What Hurricane Damage Should My Insurance Policy Cover?

An insurance policy is a contract between the insured (homeowner or business owner) and the insurance company. As such, not all policies are the same; however, there are some standard terms found in the average policy. For example, most homeowner policies do cover damage to both a primary structure and attached/detached secondary structures caused by natural disasters such as wind, rain, and fire. Hurricane damage, however, is typically treated differently in a homeowner’s insurance policy with separate coverage limits and a separate deductible. In addition, there are usually limitations and exclusions to coverage for all types of losses. Commercial insurance policies tend to provide similar coverage as well as additional coverage for things such as business interruption coverage that may cover lost income.

What Reasons Might an Insurance Company Give for Underpaying or Denying a Roof Damage Claim?

If your roof was damaged or destroyed during Hurricane Ian, you understandably expect your insurance company to cover the cost of repairing or replacing the roof as well as for additional related losses. What may happen instead is an outright denial or an underpayment of your claim. Your insurance company is a business that aims to make a profit each year. To show a profit, your insurance company will attempt to limit the amount paid out in claims by employing several common tactics, such as:

  • Excluding losses. Your insurance coverage is not absolute. There are losses that are specifically excluded from your policy. Flood damage, for example, is typically excluded from homeowner’s insurance (but not commercial insurance) in Florida. Your insurance company may deny or limit coverage based on a policy exclusion.
  • Advantageously categorizing damage. How roof damage is categorized can directly impact an insured’s coverage. If the damage is categorized as hurricane damage, for example, your hurricane deductible (which may be higher) applies.
  • Claiming you failed to mitigate damage. An insured has an obligation to mitigate damage, meaning you need to take reasonable steps to prevent further damage when a loss has occurred. Your insurance company may try to claim that you did not do enough to mitigate damage.
  • Blaming a third party. Insurance companies frequently try to shuttle some or all responsibility for roof damage onto a third party, such as the materials manufacturer or roof installer.


What Can I Do If I Am Having Trouble Getting My Hurricane Ian Roof Damage Claim Paid?

If your roof suffered damage during Hurricane Ian and your insurance company has failed to pay your claim in full, there are steps you can take to get the reimbursement to which you are entitled, including:

  • Check your insurance policy. Before you confront your insurance company about an underpayment or denial, take the time to read through your policy and any correspondence you have received from the company. Make sure you are clear on what your policy should cover and on the reason for the underpayment or denial.
  • Gather evidence supporting your claim. If your claim becomes a dispute or leads to litigation, you will need evidence to support the value of your claim. Pictures of the damage, receipts or appraisals showing the value of damaged/destroyed property, and independent estimates showing the cost to repair/replace your roof are good examples of evidence that can help support your claim.
  • File an official dispute. Insurance companies often have an official dispute process that applies when an insured disagrees with a payment amount or a denial of a claim. Make sure you are aware of any deadlines that apply to the dispute process and be prepared to file within the deadline.
  • Consult with an experienced roof damage lawyer. Do not wait to consult with an attorney. The moment your claim is denied, or you are offered less than you believe the claim is worth, consult with an experienced roof damage lawyer. An experienced attorney can begin advocating on your behalf immediately and may be able to resolve the claim without the need for litigation. If a lawsuit does become necessary, however, it is best to already have an attorney on board who is prepared to aggressively litigate on your behalf.


Get Help from An Experienced Roof Damage Lawyer

If your Hurricane Ian roof damage claim has been underpaid or denied, contact an experienced roof damage lawyer at Malik Law P.A. for help. Attorney Malik has the commitment, expertise, and resources needed to successfully resolve your insurance claim and get the claim paid in full.

Call us at 407-500-1000 or submit our online form today. One of our experienced Orlando Hurricane Ian roof damage lawyers will explain your rights to you and discuss your legal options at no cost.

Imran Malik
Imran Malik
Imran Malik, rated AV® Preeminent, by Martindale-Hubbell, is the founding member of Malik Law P.A. An AV® Rating signifies that a lawyer has reached the heights of professional excellence. He has practiced law for a number of years, and is recognized for the highest levels of skill and integrity by fellow attorneys in his area of practice. Martindale-Hubbell is the oldest and most trusted lawyer information service in America.