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Underpaid or Denied Homeowner’s Insurance Claim?

 Whether it’s caused by hurricanes, mold, water, fire or vandalism, damage to one’s home is a distressful and resource consuming experience. 

Unfortunately, insurance companies don’t typically act in good faith even as it pertains to honoring valid homeowners’ insurance claims. Insurance representatives are tasked with sacrificing the least amount of money possible, if any at all. As a result, many homeowner claims are underpaid or outright denied. We’ve seen instances where insurers misinterpret policies to reduce payouts or deny the claims altogether. 

At The Law Offices of Scott Jay Senft, we’ve been fighting and achieving favorable outcomes for Florida homeowners for over three decades. Contact us today for a free case evaluation, home inspection, and policy review.

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Steps to Take After Experiencing Damage to Your Home

1. Ensure Safety First

Before anything else, make sure you and your family are safe. For fire or structural damage, evacuate immediately and wait for authorities to declare the home safe. In water or storm-related incidents, be cautious of electrical hazards or weakened structures.

2. Contact Emergency Services (If Needed)

Call 911 if the damage is severe, like a fire or collapsed roof. For storm or flood damage, report downed power lines or other hazards to local authorities. Quick response protects not only your family but also your neighborhood.

3. Document the Damage

Take clear photos and videos of all visible damage before making any repairs. This includes structural issues, destroyed belongings, water intrusion, or external elements like broken windows or roofs. This evidence will be vital for your insurance claim.

4. Prevent Further Damage

Make temporary repairs to stop worsening conditions—such as tarping a roof, shutting off water, or boarding up windows. Keep all receipts for any emergency repairs, as these may be reimbursable under your policy.

5. Be Cautious When Notifying Your Insurance Company

While it’s important to report the damage promptly, be mindful of what you say. Stick to the basic facts—date, type of damage, and affected areas—and avoid speculating about the cause or extent until you’ve spoken with an attorney. Insurers may use your initial statements to limit or deny your claim, so it’s best to get legal guidance as soon as possible.

6. Consult a Homeowners Insurance Attorney & Adjuster

If your claim is denied, underpaid, or delayed—or if the damage is severe—it’s wise to speak with an experienced homeowners insurance attorney. A lawyer can help manage communication with your insurer, gather evidence, and fight for the full compensation you’re owed.

Type of Homeowners Insurance Claims We Handle

Underpaid and Denied Claims

Between 2017 and 2021, the average cost of a homeowners insurance claim was $15,091—yet many claims are still denied or underpaid. Common issues include damages not covered by the policy, like floods, hurricanes, or windstorms, which often require separate endorsements in Florida. Late filing and missing documentation can also lead to rejections. Without proof like receipts, photos, or a home inventory, insurers may undervalue or deny your claim entirely.

Storm Damage

These claims often involve significant property damage that requires prompt and thorough handling. Florida is particularly susceptible to storm damage, especially during the summer months when high winds and frequent afternoon storms are common. From 1980 to 2024, the cost of severe storms in Florida ranged between $5 billion and $10 billion. Given the frequency and severity of these events, it is crucial for homeowners to be prepared. Preparation includes having an up-to-date inventory of your property and understanding your insurance policy’s coverage.

Hurricane Damage

In Florida, hurricane insurance is not a separate policy and is typically included in standard homeowners’ insurance policies. This coverage includes damage to the interior of a building and to personal property inside if the windstorm causes an opening that allows rain, snow, sleet, hail, sand, or dust to enter and cause further damage. Hurricane coverage as part of standard homeowners’ insurance policies typically includes a separate deductible. This hurricane deductible is usually a percentage of the dwelling coverage limit, ranging between 2% and 10%, with some exceptions. 

Flood Damage

Flood damage is a common issue in Florida due to frequent storms and hurricanes. However, it can also result from other incidents like burst pipes or other in-house damages. Flood damage can lead to extensive water damage and mold growth, severely affecting your property. Flood insurance typically covers structural damage, personal property, and temporary housing if need to relocate while repairs are made. Unlike hurricane coverage, flood damage is not included in standard homeowners’ insurance policies.

Fire Damage

Fires can be accidental, caused by natural disasters, or even criminal acts like arson. The aftermath often requires significant repairs and replacement of personal property. Homeowners insurance typically covers fire damage, but the specifics can vary based on the policy and the cause of the fire.

Property Theft

Property theft involves the unlawful taking of personal belongings from your home, ranging from burglary to identity theft. Homeowners insurance typically covers theft, including the loss of personal property. Most insurance policies provide coverage for personal property on an actual cash value basis, but some policies or endorsements offer coverage on a replacement cost basis, which includes the cost to repair or replace the property with comparable items.

 

Vandalism

Vandalism involves the intentional destruction or defacement of property and can lead to significant repair costs. Homeowners insurance often covers vandalism, but the extent of coverage can vary depending on the policy chosen. Insurance generally covers various acts of vandalism, including graffiti, arson, breaking windows, and defacing property. Homeowners insurance does not cover vandalism if the home has been vacant for more than 60 days or if the damage is associated with a home-based business without the necessary endorsements​.

We Fight to Protect What Matters Most

With decades of experience and trusted adjusters on your side, we work to get you the full value you’re owed.

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We Know What’s at Stake

Having dealt with insurance claims personally due to recent hazardous storms and hurricanes in South Florida, we know what’s truly at stake. It’s not just about the money, it’s about recovering your safe space, your home. Thus, we work with a certified public adjuster to ensure you get a fair value for your insurance claim.
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Experience Fighting Insurance Companies

Insurance companies should always act in good faith regarding your settlement. Unfortunately, this is not always the case. Insurance companies are in the business of making money, and one way they do this is by wrongfully denying or undervaluing your claim. After years of experience, insurance representatives already know us. The negotiation doesn’t end until you receive what you rightfully deserve.
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Results & Experience

At The Law Offices of Scott J. Senft, our homeowner’s insurance claim attorneys in South Florida do not give up on a fight until a fair deal is achieved. We have decades of experience fighting for the rights of homeowners and know how to get results.
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Personalized Attention

We know how overwhelming the claims process can feel, especially after serious damage to your home. That’s why we take the time to understand your unique situation, keep you informed, and guide you through every stage of the process. We’re available 24/7 to support you when you need us most.

Frequently Asked Questions

Can’t Find What You Are Looking For? Call 954-329-0137 to Connect With a Homeowners Insurance Attorney.

Why Should You Choose The Law Offices of Scott Jay Senft for Your Homeowners Attorney?

At the Law Offices of Scott J. Senft, we specialize in advocating for homeowners’ rights against insurance companies that act in bad faith. Our experienced attorneys have a proven track record of successfully recovering compensation for clients who have been unfairly treated by their insurers. We are committed to ensuring that our clients receive the maximum compensation they deserve.

What Types of Homeowners Insurance Claims Does The Law Offices of Scott Jay Senft Cover?
We handle a wide range of homeowners insurance claims, including storm damage, hurricane damage, flood damage, fire damage, vandalism, property theft, underpaid and denied claims.
Why Do I Need a Lawyer for My Homeowners Claim?
Navigating the homeowners insurance claims process can be complex and frustrating, especially when dealing with insurers who may deny or undervalue your claim. A lawyer can help ensure that your rights are protected, provide expert guidance throughout the process, and advocate on your behalf to secure fair compensation.
What Should I Do to Prepare for Filing a Homeowners Claim?
To prepare for filing a homeowners claim, document all damages thoroughly with photos and videos, gather receipts and records of your property, and create an inventory of your belongings. Additionally, review your insurance policy to understand what is covered and ensure you meet any filing deadlines. If a crime has been committed, make sure to report it to the police immediately to avoid any issues during the claims process.
How do I File a Claim Against Someone Else's Homeowners Insurance?
To file a claim against someone else’s insurance, gather evidence of the damage or injury, contact the insurance company, and provide them with all relevant information. An attorney can help with legal advice to ensure that your claim is handled properly.
What Should I Do When Homeowners Insurance Denies My Claim?
The Florida Homeowner Claim Bill of Rights outlines the rights and responsibilities of homeowners and insurance companies during the claims process, including specific timelines for acknowledging and responding to claims, and provisions for mediation and evaluation services. Within 14 days of filing a claim, the insurance company must acknowledge receipt. The homeowner must submit a completed proof-of-loss statement detailing the damage, cause, and estimated repair costs, and the insurance company has 30 days to review and respond to this statement. Within 90 days of receiving the completed proof-of-loss statement, the insurance company must either fully settle the claim, pay the undisputed portion, or deny the claim; otherwise, they must pay interest on the unpaid amount.
What Are Three Common Reasons Why Insurance Claims Are Denied?

Here are three common reasons why a homeowner’s insurance claim might be denied:

  1. Damage Not Covered Under Policy: Home insurance covers a wide range of damages to your home and personal belongings, but certain losses are excluded. For example, standard homeowners’ insurance policies typically do not cover flood damage. Homeowners in Florida may need separate flood insurance, especially in flood-prone areas, as well as additional coverage for specific risks like hurricanes or earthquakes. While hurricane coverage is often included in Florida home insurance policies, flood insurance must be purchased separately, and windstorm coverage might require a special endorsement or a separate policy​.
  2. Late Filing of Claims: Insurance policies often have strict deadlines for filing claims, which can vary by state and insurer. In Florida, for claims resulting from hurricanes, tornadoes, windstorms, severe rain, or other weather-related events, the date of loss is determined by the National Oceanic and Atmospheric Administration (NOAA). For property insurance policies, notice of an initial or reopened claim must be filed within one year after the incident occurred. Notice of a supplemental claim must be given within 18 months after the date of loss. These deadlines can be extended for specific reasons, such as service members deployed in combat zones or combat support postings, which materially affect their ability to file a claim.
  3. Insufficient Documentation: To support a claim, homeowners must provide sufficient evidence of the damage and the value of the lost items. This includes receipts, photos, or videos of the damaged property, both before and after the loss. Creating an inventory of your belongings can help substantiate your claim. A lack of documentation may cause an insurance company to deny or underpay the claim. Witness statements can sometimes provide additional support if primary evidence is missing.

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Looking For a Hassle Free Solution?

With over 30 years of experience, we bring the tools, knowledge, and determination to help you secure the compensation you deserve. When you work with our firm, you can expect:

  • A free home inspection to assess the damage
  • A free policy review to uncover all coverage options
  • Full claims handling, from cleanup coordination to insurer negotiations

We handle the complexities, so you can focus on restoring your home and peace of mind.

Get Your Free Consultation Today

954-505-2183