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Why Is September 10th, 2020, Such an Important Date?

September 10th, 2020, marks the deadline for policyholders to file a new or supplemental claim or reopen a previous claim with their insurance companies in relation to damages or losses incurred as a result of Hurricane Irma. This deadline is established by §627.70132, Florida Statutes, which governs notice of hurricane and windstorm claims. This statutory provision limits the length of time a policyholder has to file a windstorm claim or hurricane claim, and provides as follows:

  • §627.70132 Notice of windstorm or hurricane claim. — A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.

Hurricane Irma made landfall in Florida on September 10, 2017. Applying the statutory provision above to Hurricane Irma, a notice of new claim, supplemental claim, or reopened claim relating to Hurricane Irma must be given to the insurance company in accordance with the terms of the Association’s policy within three (3) years after the date that the hurricane first made landfall or by September 10th, 2020.

Why Is September 10th, 2020, Such an Important Date?

September 10th, 2020, marks the deadline for policyholders to file a new or supplemental claim or reopen a previous claim with their insurance companies in relation to damages or losses incurred as a result of Hurricane Irma. This deadline is established by §627.70132, Florida Statutes, which governs notice of hurricane and windstorm claims. This statutory provision limits the length of time a policyholder has to file a windstorm claim or hurricane claim, and provides as follows:

  • §627.70132 Notice of windstorm or hurricane claim. — A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years a er the hurricane first made landfall or the windstorm caused the covered damage. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.

Hurricane Irma made landfall in Florida on September 10, 2017. Applying the statutory provision above to Hurricane Irma, a notice of new claim, supplemental claim, or reopened claim relating to Hurricane Irma must be given to the insurance company in accordance with the terms of the Association’s policy within three (3) years a er the date that the hurricane first made landfall or by September 10th, 2020.

How Does the September 10th, 2020 Deadline for Hurricane Irma Claims Affect My Association?

If your Association’s Board of Directors does not take immediate action to fully evaluate its potential Hurricane Irma Claim so that a claim may be timely filed, supplemented or reopened prior to September 10th, 2020, the Association’s potential claim may be forever barred.

Many Associations do not readily see the connection between Hurricane Irma Storm Damage and their present (and potentially future) economic struggles… but that connection may be closer than you think.

In the immediate aftermath and years following Hurricane Irma, many Associations were burdened to pay out of pocket to repair damages allegedly not covered by their insurance policies. In turn, this caused additional expense to the members who were forced to pay for necessary repairs – making them less able to bear the burden of the economic impact of the current public health crisis.

In many cases, uncompensated or under compensated storm damage resulted in repair costs that created a financial hole from which many Associations never fully recovered.

These additional financial burdens on Associations and their members were not the result of a lack of effort in seeking fair and adequate compensation for hurricane damage. Much to the contrary, many Association Boards of Directors or their agents submitted insurance claims for Hurricane Irma Storm Damage, only to be told by their insurers that their claims did not reach the Association’s deductible.

Other Associations received some insurance proceeds, but not nearly enough to cover the costs of repairs. As a result, many of those Associations were forced to borrow money, raid reserves, or levy special assessments against their members for damages the insurance company determined were not covered. Even if your Association received some insurance proceeds, you may still be entitled to more. However, rest assured, you are not going to recover more without demanding it!

Finally, if your Association never filed an insurance claim following Hurricane Irma, you are not alone, and there is still time to file. Many Association Boards relied on their own visual evaluation of damages without seeking the advice or evaluation of a professional, and ultimately decided not to file a claim.

Quite simply, a Board of Directors, or any lay person for that matter, cannot accurately assess the scope and extent of damage that an Association may have suffered as a result of a casualty. That function is best left to industry experts who conduct these types of inspections/ evaluations daily, and have done so for many years in varying circumstances.

THE LAW FIRMS

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What are the Possible Outcomes of the Damage Inspection?

An Association’s Board of Directors has a fiduciary obligation to investigate and determine if a Hurricane Irma Damage Claim exists, and whether an action to pursue the insurer is in the best interests of the Association and its membership. Allowing our team to visit your property and conduct our FREE inspection will satisfy your Board’s obligation to the membership to determine if a claim exists.

Our Complimentary, No Cost, No Obligation Inspection and Evaluation of your Association’s potential Hurricane Irma Damage Claim will determine:

  • Whether your property has any damage.

    If we find damage, we will analyze whether filing a claim is appropriate under your circumstances.

    If we find no damage, then we will keep a copy of our evaluation as evidence of the current condition of the property to help prove future covered losses.

  • If you previously suffered storm damages and made a claim to your insurer, we will also evaluate how your insurer adjusted your claim, and whether you are entitled to reopen or supplement your claim because your insurer either did not pay you enough or wrongfully denied your claim.

If our FREE investigation reveals that you are entitled to reopen or supplement your claim, we will offer to pursue those monies for you on a full contingent fee basis.

While accepting our invitation and allowing our team to inspect your property and analyze your policies of insurance to determine if a claim exists has no cost or risk, it has an incredible potential benefit for your Association and its membership.

TIME IS OF THE ESSENCE as any claim not filed, supplemented, or reopened with your insurer prior to September 10th, 2020, may be forever barred pursuant to Florida Law.

This means that there is no time to waste! There is limited time remaining to schedule and conduct our inspection, review your policies, and provide your Board with our findings.  So please do not delay, click here TO SCHEDULE YOUR INSPECTION!!

Many Associations are not aware of and have not taken the measures necessary to determine whether they even have a claim.

As the September 10th, 2020, Notice Requirement Deadline nears for Hurricane Irma Damage Claims, it has never been more important to take immediate action as a Board of Directors to protect your Association’s legal rights. Upon your acceptance of this invitation and request to investigate, we will schedule our team of insurance professionals to conduct a visual inspection of the property and review your insurance policy at our sole cost and expense. The visual inspection may include technology that will provide information regarding the damages (including, but not limited to, drones, thermal imaging, and moisture testing), and it will not cause any physical damage to the property or be destructive in any way. Thereafter, a short form report will be created as to our findings regarding damage and the application of that damage to the provisions of the Association’s insurance policy.

A meeting with the Board of Directors and Management (via video-conference or conference call only at this time) will then be scheduled to discuss our findings as well as our legal recommendations. Accepting our invitation creates no obligation to hire our Law Firms.

However, should our investigation and evaluation indicate that a viable claim exists, we would, of course, welcome the opportunity to discuss our potential retention. In the event that we are retained, the representation would be on a full contingent fee basis.

Your Board will want to work with our Law Firms because we are no strangers to taking cases to trial when necessary and have a proven track record of success in resolving/litigating large Community Association Hurricane/Casualty claims.

FREE INSPECTION

Once your inspection is scheduled, we will work with you to gather the following documents:

1. Governing Documents (Declaration, Articles, Bylaws, any and all Amendments) These are usually available online as a public record. If so, we can retrieve them that way for your convenience.

2. All insurance policies in effect on September 10, 2017 (Hurricane Irma Landfall Date) – If not available, we can work with your insurance agent or insurer to obtain your copy.

3. Any and all communications with the insurance company regarding a Hurricane Irma claim, (if any) – If these documents are not readily available, we can start our analysis and work with you to gather these documents as well.

As we anticipate a large response to this “CALL TO ACTION” by Community Associations throughout the state, we have no alternative other than to offer this invitation on a First Come, First Serve basis.
SO, PLEASE DO NOT DELAY!

If it is determined that a viable claim exists, and your Association would like to work with us to pursue your claim, legal representation will be offered on a full contingent fee basis. Your Association would not be obligated to pay our Law Firms ANY LEGAL FEES OR COSTS, unless and until we successfully recover a monetary settlement or judgment that results in a monetary payment to the Association.

PLEASE RSVP TO OUR SPECIAL INVITATION
CLAIM YOUR ASSOCIATION’S NO COST, NO OBLIGATION PROPERTY INSPECTION TODAY!

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