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28 06, 2021

New Florida Property Damage Bill: What Does it Mean?

By |2021-06-28T08:38:47-04:00June 28th, 2021|Categories: Fire Damage Law, Hurricane Damage Law, Insurance Claims, Tree Damage Law|Tags: , , , , , , , , |

Florida Gov. Ron DeSantis has signed Senate Bill 76 into law which will have a significant impact on homeowner’s insurance claims in Florida.

Created to give relief to a large sector of the state’s insurance industry, the SB 76 bill will cause wide changes to the handling and litigation of homeowner’s insurance claims.

Here’s what the new Florida homeowner’s insurance bill may mean for you if you’re making a property damage claim in Florida:

No More Soliciting From Contractors

From July 1, 2021, contractors will be prohibited from soliciting property owners, including offers for making roof damage claims.

Specifically, contractors will be prohibited from advertising to ‘encourage, instruct or induce’ a consumer to contact contractors or public adjusters in order to make roof damage claims.

That means no more door hangers, flyers, signs, emails, magnets, pamphlets, business cards or people knocking your door with property damage claim offers.

This statute applies to anyone working for a contractor, either as an employee or specifically for soliciting. Contractors can also no longer interpret insurance policies or advise insured people without being a licensed public adjuster.

No More Offers for Roof Inspections

Florida Statute § 489.147 will also prohibit financial incentives for roof claims.

Contractors in Florida often offer rebates, gift cards, coupons and other deals in exchange for roof inspections.

Similarly, the new statute restricts the use of referral fees or rewards for any roof repair or replacement services payable by property insurance proceeds.

Reduced Time Frame to Make Property Damage Claims

SB 76 also expands the existing Florida property damage claim notice statute. Previously, property owners had 3 years to file and reopen property damage claims.

But now, beginning July 1, 2021, if you want to make a property damage claim, or reopen a claim you must do so within two years of the date the damage occurred.

A ‘supplemental claim’ is no longer allowed, unless you make notice of that claim within three years.

Additionally, this will now also cover all property damage claims, not just hurricane claims.

Note: This will not change the existing five-year statute of limitations for filing a breach of contract lawsuit under Florida Statute § 95.11.

What Are Reopened or Supplemental Property Damage Claims?

  • A reopened claim is a property damage claim that was closed, but has been reopened to help cover additional costs or damage that was previously disclosed.
  • A supplemental claim is a property damage claim for additional damages not previously covered, from the same situation as previously adjusted or for costs incurred during repairs.

Other Changes in the New Florida Property Damage Bill

  • Allows for larger annual rate increases for customers of Citizens Property Insurance, the government-backed insurer. Currently, the cap is at 10%, but that could gradually increase to 15% over the next five years.
  • Steps to limit fees of attorneys representing homeowners in lawsuits against insurers. This will be done via a formula that compares how much money is awarded in court judgments and how much was offered by insurers in claim settlements before the lawsuit.

What Impact Could This Have on Florida residents?

While insurers may claim the new Florida property damage bill will keep costs down, many critics are concerned these law changes will raise premiums on homeowners who receive coverage from state-backed providers as a last resort.

When Does The New Florida Property Damage Bill Begin?

Florida SB 76 takes effect July 1, 2021.

Why The New Florida Property Damage Bill?

The insurance industry argues that it has suffered considerable losses in recent years through property damage claims and this is an effort to minimize the number of claims.

Lawmakers also believe the bill is needed as private insurers have raised rates, forcing many homeowners to turn to Citizens for coverage.

At the bill-signing event in Sarasota, Senate sponsor Jim Boyd, R-Bradenton said, “I think we’ve gotten at the cost drivers here, the unscrupulous contractors, the unlicensed contractors. We’ve got significant penalties and responsibilities for them that will get at the costs. And then some of the claims reporting and some other areas that I think will definitely make a difference, and it will drive costs down.”

But Sen. Annette Taddeo, D-Miami argued, “There is no sugar-coating this, it literally is going to raise the rates.”

Did You Know?

How to Make a Property Damage Claim?

If your property damage claim has been turned down by an insurer or if you’re unsure on where to start, then contact a Property Damage attorney as soon as possible.

Insurers are notorious for finding ways to avoid paying out what property owners deserve. From denying claims, to stalling and putting the blame on you, we’ve seen it all.

By hiring a property damage attorney, you can find help to navigate the claims process. They’ll take on the daunting team of lawyers that insurers are armed with and will give you the best chance at receiving compensation to cover your repairs.

Property damage claims often include:

  • Fire Damage
  • Sinkhole Damage
  • Storm and Hurricane Damage
  • Theft Damage
  • Tree Damage
  • Water Damage
  • Wind Damage
  • And More

Act Fast!

Acting fast to make your property damage claim has always been important. But starting July 1, 2021, you have even less time than before.

Be sure to file your property damage claim with your insurance company as soon as possible. SB 76 now shortens the time frame to file your initial claim, so time is of the essence! By contacting a property damage attorney, we can guide you through the claims process.

Property Damage Attorney in St Petersburg, Florida

Free Consultation Today

If you’re suffering from property damage and facing a problematic insurance company, then contact us today.

Attorney Jonathon Douglas leads the property damage claim team nationally ranked by US News and World Reports as a Tier 1 Law Firm, Battaglia Ross Dicus & McQuaid, P.A.

Having previously represented some of the largest insurance companies in the State of Florida, Mr. Douglas uses his inside knowledge and experience to help you tackle the insurance companies.

Regardless of your situation, you can receive a free consultation today.

11 09, 2018

What to Do If You Have Had Fire or Tree Damage

By |2018-09-11T12:08:35-04:00September 11th, 2018|Categories: Fire Damage Law, Tree Damage Law|Tags: , , , |

Owning a home is a responsibility. There are so many things to take care of and to pay attention to. Every homeowner needs to be concerned about the damage that can happen to their home and what they can do about it.

Fire or Tree Damage Can Happen To A Home Easily

For many people, fire or tree damage happens and is dreaded. It can be caused by a storm or other type of occurrence or by neglect. Homeowners will want to check the fire or tree damage as soon as something happens. It will be a good idea for them to contact an expert so that they understand what they need to do in order to get their home back in order. For many people, an attorney will be needed.

Finding A Good Attorney

In order to find a good attorney, many people ask other people for recommendations. They ask their friends, family, and co-workers who they have used in the past. This is because they need to be able to trust someone enough to tell them information about their home.

Know Your Rights When You Have A Problem With Your Home

It is very important that you know your rights when you are searching for a lawyer to help you with problems with your home. When you know your rights, you will be able to enlist the help of a lawyer that will give you the proper information that is needed to get your home back in order.

Other Ways To Locate A Good Lawyer To Help You

If you need to find a lawyer and the people that you know do not know of one, you can do a search on the Internet. Try to find one that is close in proximity to either your home or work. You will want them to be available when you need them.

Trusting The Lawyer Is Important

When you first have a consultation with the lawyer, you will want to make sure that you can trust them. Be sure that you have a good rapport with the lawyer so that you can be as honest as possible when you are dealing with them. In most cases, the consultation phase is free. Bring along photographs of the damage that was caused to your property so that the lawyer can have the information to keep in your file.

How Can The Lawyer Be Of Help?

Depending on what caused the damage to your home, the lawyer will be able to get you the money that is necessary to fix the problems. This may include dealing with your home insurance company. Be sure to give the lawyer all of the information from your home insurance policy. The lawyer will be able to discuss specific points with the insurance company to get you the money that is needed in order to repair the damages.

How Much Will The Lawyer Cost?

This will all depend on the lawyer that you choose. During the consultation phase, you will receive the information that you need in order to understand how much you will need to pay them. You will also receive information on what means of payment they will take for their service. In most cases, they will accept cash, checks and credit cards.

How Long Will The Process Take?

The process will take more time depending on how much damage there is to your home or property. Be prepared for it to take a while. Have several ways for you to get in touch with your lawyer. A cell phone number is a great way to be able to reach them when you need to. Texting is easy for many people to do, and you will be able to contact your lawyer quickly when you need to.

After The Case Is Completed

You will want to keep your lawyer’s information in case you need them again in the future. They will be extremely beneficial to you.

Since you are the owner of your home, make sure that you are making the time to do the upkeep that is necessary. When you do this, you can feel proud of the place that you live in. Don’t hesitate to contact a lawyer if you find that your house or property has been damaged. They can help you in so many ways.