Understanding Your Right to Re-Open a Hurricane Claim in Florida
When Florida homeowners suffer hurricane damage, they often assume their options are exhausted once their insurance claim is closed. This is not true. Under Florida law, policyholders retain the right to re-open a property insurance claim if new damages are discovered, the initial payment was insufficient, or the insurance company acted in bad faith.
Re-opening a claim can be the key to securing the full compensation you’re entitled to, especially after storms like Hurricane Ian or Hurricane Milton, where widespread losses overwhelm insurers and adjusters rush to undervalue claims.
Why Are Florida Hurricane Claims Often Underpaid or Denied?
Insurance companies are businesses focused on profitability. To protect their bottom line, they may minimize payouts by undervaluing claims or finding reasons to deny them altogether. Common tactics include misinterpreting policy language, underestimating the cost of repairs, or citing exclusions that may not apply to your situation.
After a hurricane, an insurer might claim that the damage was due to flooding rather than wind, even when your policy covers wind damage but not flooding. This can lead to significant financial loss if the claim is not correctly handled.
For example, approximately 30% of claims were reopened after Hurricane Irma due to disputes over payment amounts, denial of claims, or new damages being discovered.
A scathing report published by The Washington Post outlined how insurance companies in Florida intentionally reduced property damage claim values by more than 80 percent. The report also highlights the importance of understanding policyholder rights.
When Can You Re-Open a Hurricane Insurance Claim in Florida?
1. Discovery of New or Hidden Damage
Florida’s humid climate and everyday use of stucco or tile roofing mean some hurricane damage isn’t immediately visible.
For example:
- Roof leaks may not show up until weeks later.
- Mold growth might appear months after water intrusion.
- Structural cracks may go unnoticed until conditions worsen.
If you identify additional damage after closing the original claim, you can request that the insurer reassess and adjust your claim.
2. Underpaid Insurance Claims
Insurance companies often calculate Actual Cash Value (ACV) instead of Replacement Cost Value (RCV), leaving policyholders undercompensated.
- Your contractor estimate is significantly higher than the insurer’s payout
- The insurer denied parts of your damage unfairly
- You were paid only a partial settlement
3. Insurance Bad Faith or Delay Tactics
If your insurer engaged in the following, you may re-open and even pursue a lawsuit:
- Delayed payments
- Misrepresented policy coverage
- Ignored evidence or failed to investigate properly
- Pressured you to accept a lowball settlement
Florida Statute § 627.70131 and the Unfair Claims Practices Act protect homeowners from these tactics.
Florida Law Supporting the Reopening of Insurance Claims
Florida Statutes Section 627.70132 pertains to the notice requirements for property insurance claims in Florida. This statute outlines the timeframes for policyholders to notify their insurers of a property insurance claim, including initial, supplemental, and reopened claims.
Key Provisions:
- Notice of Claim: Policyholders must provide notice of a property insurance claim to their insurer within a specified period after the date of loss.
- Supplemental Claims: Policyholders may submit a supplemental claim if additional damage is discovered after the initial claim is filed. The statute specifies the timeframe within which such supplemental claims must be filed.
- Reopened Claims: Policyholders can reopen a claim in cases where it was previously closed but new information or damage arises. The statute delineates the conditions and time limits for reopening a claim.
This legal timeframe allows homeowners to seek full and fair compensation, especially when initial inspections fail to reflect the total damage or when repairs uncover hidden structural issues.
Why Reopening a Claim Matters More Than Ever
With recent legislative changes and increasing insurance company scrutiny, underpaid and prematurely closed claims are becoming more common.
Reopening your claim ensures:
- You receive full value for all repairs
- Hidden or long-term damage is addressed correctly
- You aren’t forced to cover repairs out of pocket
- Your property is restored to pre-hurricane condition
Steps to Re-Open a Florida Hurricane Insurance Claim
Step 1: Review Your Policy in Detail
Examine the policy’s declarations page to:
- Confirm coverage types (wind, water, flood, mold, ALE)
- Check for endorsements or exclusions
- Note any deductibles, especially hurricane deductibles
Step 2: Document All Additional Damage
Take clear, dated photos, videos, and obtain:
- Independent contractor estimates
- Engineer or roofing inspections
- Mold or moisture testing reports
More documentation strengthens your position when requesting a supplemental or reopened claim.
Step 3: Contact the Insurance Company
Send a written request referencing your original claim number.
Provide:
- Explanation of newly discovered damage or underpayment
- Supporting documents and expert reports
- A request for the insurer to re-inspect the property
Make sure all communication is in writing for documentation.
Step 4: Hire an Expert Florida Insurance Claim Attorney
Many Florida policyholders turn to property insurance lawyers when facing:
- Claim denial
- Low settlements
- Repeated insurer delays
Our lawyers can help file a civil remedy notice, negotiate with the insurer, and pursue litigation if necessary.
Shocking Statistics: 14 Florida Insurers Closed Over Half of Claims Without Payment
According to the 2024 industry data report:
- 14 major Florida insurers closed over 50% of homeowner claims without a single dollar paid.
- This includes claims for hurricane damage, water leaks, roof failures, and more.
- In some cases, insurers paid nothing while public adjusters or independent contractors estimated tens of thousands in damage.
This isn’t just bad luck. It’s a business model that leaves honest homeowners with all the costs and none of the coverage.
Reopened Claims Often Result in Higher Settlements
According to industry data and consumer-rights organizations, policyholders who re-open their claims with legal representation often receive substantially more than their initial settlement. Please don’t assume your insurer got it right the first time; reopening your claim might be the key to getting what you’re truly owed.
Under Florida law, you often have the right to reopen a claim within a set timeframe if new evidence or damages arise. By working with an experienced insurance claim lawyer, you can challenge the insurer’s decision and present a stronger, well-documented case that justifies a higher payout.
Need Help Reopening a Hurricane Insurance Claim?
Navigating the reopening process without the help of a legal professional can be overwhelming and fraught with challenges. Our expert hurricane insurance claim lawyers will provide you with the expertise, support, and advocacy needed to protect your rights and receive fair compensation for your hurricane-related damages. If you’re considering reopening a hurricane property insurance claim, call our firm at 1-800-451-6786 or fill out our online contact form.