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How Could The New Law Change Homeowners Claims In Florida?

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With all of the roof claims that have been made over the past couple of years, insurance companies are more upset than ever about paying to repair homeowner’s roofs. It is important to reach out to a Homeowners Insurance lawyer when filing a claim with an insurance company. Senate bill 76 is primarily concerned with how the claim process is handled, and reducing litigation dealing with the claims. The bill may restrict contractors from advertising in favor of filing a claim on the homeowner’s insurance company. In order for a contractor to make repairs, they would have to give a detailed estimate stating all the costs related to the repair. The bill can implement a $10,000 fine for any contractor who violates the terms that will be set regarding the solicitation of a claim, and the wrongful estimation of any repairs. 

The bill can change the filing period of a new, supplemental, or the reopening of a claim to a two-year period from the date of loss. Previously, there was only a restriction regarding the time to file a hurricane related claim, now it will be a restriction on other types of claims. This bill will offer insurance companies the ability to offer policies that adjust roof claims to a determined cash value of the roof that is older than ten years and will also offer homeowners the option to purchase a policy with a stated value limit for roof coverage. It attempts to restrict the claims being filed for compensation of losses, which is why it is important to always speak to an experienced homeowners insurance lawyer to help recover on your losses. 

How May Pre-Suit Requirements Change?

Additional to these specific policies, there will be new pre-suit requirements. The claimant must inform the insurance company ten business days prior to filing suit via a notice of intent. It is important to have a homeowners insurance lawyer, so that they can draft up the notice of intent correctly to ensure that the claim process goes smoothly. In the notice of intent, the claimant must state the alleged acts or omissions of the insurance company. If the claim is regarding a denial of coverage, an estimate of damages must be provided. If it is not a denial of coverage claim, then the claimant must provide a pre-suit demand. This law has not yet been decided, interpreted or litigated so there is no way to know for sure how this bill will really be implemented. 

How Can A Homeowners Insurance Lawyer Help?

It is important to know and speak with a good homeowners insurance lawyer that can help provide a pre-suit demand that will suffice for all the losses, since the demand seems to have to itemize the damages, attorney fees, and the disputed amount. The bill will also require the insurance companies to have a standard procedure in place to quickly investigate, review and evaluate the notices of intent. The insurance company must respond within ten business days after receiving the notice, the responses may be that they will accept the coverage, continue to deny the coverage or use their right to re-inspect the property. One major thing for these insurance companies is the amount being paid out for attorney’s fees. Under this new legislation, the amount that is recovered by the claimant will determine the amount of attorney fees and costs that will be covered by the insurance company. For example, if between 20% and 50% is recovered, then the insurance company will pay for the attorney’s fees up to the percentage recovered. If more than 50% is recovered, then all the attorney fees will be covered by the insurance company. It is important to have a Homeowners Insurance attorney that will work hard to recover everything you deserve to be compensated for. Again, this law needs to be litigated and decided in order to know how it will be interpreted for sure. These are all speculations as to the bill language.

Keep in mind that the law is always changing, and we are unsure if this bill will be passed or not. Whether the bill is passed or not, if you or anyone that you know has an issue with their home and are unsure whether they can file a claim or not, make sure to reach out to a homeowners insurance attorney. Here at PereGonza The Attorneys, our Miami homeowners insurance lawyers offer free case evaluations and most important, if our team feels you have a case, we take these cases on a contingency fee basis, which means you do not owe us anything unless we win the case. Our Miami Homeowners Insurance attorneys are eager to help you in the next steps. 


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