Thursday, September 7, 2017

Hurricane Irma Will Bring Windstorm Claims

In the wake of this season's monster storm, Hurricane Irma, we are sure to see some claims from wind damage and resulting lawsuits which will need to be mediated. Florida law requires insurers of residential property to include hurricane windstorm coverage in such insurance policies. See §627.0629, Fla. Stat. Residential policies can be both personal lines (homeowner's coverage, mobile home, dwelling, tenant's, condominium unit owner's, cooperative unit owner's, and the like) and commercial lines (coverage provided by a condo association, coop association, apartment building, and similar policies, including those covering the common elements of a homeowners' association). See §627.4025, Fla. Stat. “Hurricane coverage” is coverage for loss or damage caused by windstorm during a hurricane. It includes ensuing damage to the interior of a building, or to property inside a building, caused by rain, sleet, hail, sand, or dust if the direct force of the windstorm first damages the building, causing an opening through which rain, sleet, hail, sand, or dust enters and causes damage. “Windstorm” means wind, wind gusts, hail, rain, tornadoes, or cyclones caused by or resulting from a hurricane that results in direct physical loss or damage to property. “Hurricane” means a storm system that has been declared to be a hurricane by the National Weather Service's National Hurricane Center. A hurricane includes the time period (1) beginning when the National Hurricane Center issues a hurricane watch or warning for any part of Florida, (2) continuing for the time period during which the hurricane conditions exist anywhere in Florida, and (3) ending 72 hours after the National Hurricane Center terminates the last hurricane watch or warning issued for any part of Florida. Please keep this in mind once the storm passes and be safe out there! For more information, see complete statutory language here-- http://bit.ly/2wMpd7h and http://bit.ly/2xdT2R7