Property Insurance · Hurricane Claims
Hurricane claim denied. Now what?
A "denied" letter is not the end of the conversation. Florida hurricane claims are denied or underpaid for a handful of recurring reasons — most of them are arguable. Brittany G. Melendez represents Florida homeowners against their own insurers in first-party hurricane disputes.
Why hurricane claims get denied
The common denial patterns — and how a policyholder pushes back
"Damage is wear and tear, not wind"
The insurer says the roof was already deteriorating. Counter: independent engineering reports, comparable pre-storm photos, and the actual wind pressures recorded at landfall.
"Water damage is flood, not wind-driven rain"
Your homeowner's policy covers wind-driven rain through a wind opening. NFIP flood is separate. Where the water came in matters more than where it ended up.
Named-storm deductible eats the claim
Florida policies typically carry a 2% to 10% hurricane/named-storm deductible. Insurers sometimes apply it incorrectly or stack it across multiple events. The math is checkable.
Partial-roof scope
The insurer pays for a partial roof repair when the damaged shingles are no longer manufactured and the slope cannot be matched. Florida's matching statute can require replacement of the full slope or the full roof.
What to expect
How a hurricane-claim engagement works
Send the file
Email the denial or partial-payment letter, your policy declarations, photos of the damage, any adjuster reports, and the sworn proof of loss if you have one. Brittany G. Melendez reviews and tells you whether there's something worth pursuing — even if the answer is no.
Florida statutes do real work
Florida law sets specific deadlines for insurers to acknowledge, investigate, and pay claims, and provides remedies when they don't. Recent reforms changed the landscape — the firm works within the rules as they currently stand.
Engagement letter before work begins
Property insurance representation is offered on a fee structure that does not require you to pay legal fees out of pocket. The fee structure, including how costs are handled if there is no recovery, is laid out in writing in the engagement letter before any work begins.
Time matters on a Florida hurricane claim.
Florida law sets deadlines for reporting losses, supplementing claims, and filing suit — and recent statutory changes have shortened some of those windows. The longer you wait after a denial, the more options narrow. Even if you're not sure you want to fight it yet, a claim review is free and tells you where the deadlines fall.