I am a home owner and my primary residence suffered damage

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Few events in life can be more difficult than the loss of or damage to your home. We provide the following services which can assist you in this tough time:

Review of your insurance policy

When you purchased or moved into your home, you likely purchased an insurance policy to cover damage to your home and the contents of your home. In some communities, your property owner's association also carries insurance relating to damage to your property. These policies are written by the insurance industry and can be difficult to navigate. We urge everyone, whether or not you suffered damage during a hurricane, to set a consultation, for a flat fee, to have us review your policy with you. We can explain some of the common traps for the unwary contained in the policy and direct you to provisions that are buried in the policy which you need to be aware of. Our goal is to give you an understanding of what is insured, what is not insured and your basic obligations under your policy.

Working with you and your insurance adjuster 

If you have sustained damage to your home, related structures, incurred additional living expense or suffered damage to the contents of your home, please understand that your insurance adjuster is a trained professional that works for the insurance company. We cannot stress enough that the person sent out to your home to view for damages and the people you speak with are contracted by your insurance company. These are not people who work for you and they do not necessarily work for your benefit. We can help bridge the gap between you and your insurance company. You have paid too much for your insurance to have coverage denied, claims reduced or to take the blame for damages that should be covered by your insurance. Let us help you with this dialogue.

Claims filing and supplementation

Your insurance claim(s) must be timely filed and supplemented as you discover new damage. A frequent excuse for denial of a claim by an insurer is the failure to timely report or discover damage. Let us review the process with you so you can act with the diligence that your policy requires.

Insurance company acting in bad faith 

In Florida, the law requires insurers to act in good faith throughout the claims process. If an insurer acts slowly, wrongfully denies coverage, uses improper or deceptive acts or has unqualified personnel perform repairs on your house, the insurer may be in violation of the Florida bad faith laws. The bad faith laws in Florida are tricky and full of procedural hurdles. We are familiar with this process and can help determine whether you have a viable bad faith claim.

Emergency repairs

Your home needs to be secured and your losses mitigated so that you can preserve as much of your home and belongings as possible. Will doing work outside of your insurance void your coverage? Will the insurance company reimburse you for these repairs? Allow us to guide you on these gray area issues.

The companies hired by my insurance company are not doing the work timely or properly

Insurance companies will have 'preferred providers' to perform repair and remediation work. This does not mean that they are the best or most qualified for the job. They may work slowly, not show up at scheduled times or may do a poor job. Do not accept inferior work and do not accept the 'we will get to you when we get to you' work ethic. We can help push the buttons to move the work along, and, in the event of defective work, can pursue the service providers for corrective action and damages.

Someone else is claiming damages on my insurance policy

Is this even possible? Yes, it is. If a tree from your yard fell on a neighbor's house, you may be liable or your insurance may be pursued by your neighbor or their insurance company. There are infinite scenarios where a third party can file a claim against your insurance for something that happened to their property. We have experience in dealing with third party claims and knowing the parameters and the process is essential in successfully coping with the liability.

Unlicensed and troubled contractors

Unfortunately, people take advantage of those in need. Individuals will look official, act official and have a great sales pitch. We have experience in construction industry licensing, disciplinary actions and construction industry insurance and bonding. Please consult with us before becoming a victim of an unlicensed, troubled or uninsured contractor.

I want the work done, where do I sign? 

Whether it is an insurance company or a contractor, before anyone does work or pays out money, you are going to sign a contract, a waiver, a release or some other form of hard copy or electronic paperwork. The legal ramifications of doing so are tremendous and we find many clients come in after signing documents to find that many of their legal rights and remedies are now gone. Contractors also have the ability to lien your property for work done if the insurance company does not pay them. We can review documents, releases, waivers and construction contracts with you and explain the legal ramifications of signing these documents, along with setting up measures to minimize the risk of construction liens. We can also assist in the negotiation of contracts with the people and companies doing work on your home.

Does it matter that I have a mortgage on my house? 

Absolutely. Your mortgage contains complex provisions for what happens in the event of a loss due to a hurricane, and your lender may largely control the process by which your home is repaired or rebuilt. Your lender may also be an additional insured on your insurance policy. This can slow down or alter the course of your insurance payouts and timely getting the work done. We have experience dealing with lenders in these instances and want to help you navigate the process so that your lender is only exercising the control over the work and insurance proceeds that they are legally entitled to.

I live in a community where there is a condo or homeowners association. 

This may mean there are multiple policies which cover your damages. This also may mean that your association:

    • May control the pace and type of work done;
    • May tell you who is allowed to do the work;
    • May require submittals to the Board or its Committees to approve the proposed work;
    • May have the right to inspect the work done; and
    • May assess you for work done on limited or general common elements or common areas. These concepts and the laws surrounding them are very technical. We have been through this from both the owner's side and the association's side. We can assist you in understanding the process and working with your association on the work for your unit. We can also assist in determining whether or not the assessments you are subject to were properly imposed.

Preservation of evidence of your loss

When you incur a loss, and at each point during the repairs being made, you need to make a record. We can help explain to you the best practices to use to preserve your evidence of the existence of a loss and that the damage was repaired. This is also crucial where repairs are not made properly and we can assist you with that defective construction claim.

Preparing for the next storm or weather event

We have dealt with property and casualty claims and know what steps are prudent and necessary to take. Let us help you in formulating a plan to put you in a better position should you ever suffer another loss due to damage to your property.

Fees for each service vary and certainly can be discussed at the time of consultation. Please contact us at (772) 287-4444 or at contact@FoxMcCluskey.com today to schedule an appointment.

  • 2300 SE Monterey Road, Suite 201
    Stuart, FL 34996
  • 772-287-4444

  • 772-283-4637

2300 SE Monterey Road, Suite 201
Stuart, FL 34996