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10 September 2020 is not the law on restrictions on hurricane Irma claims | Legal insurance blog about property insurance



In the last couple of weeks, I have had several policyholders who touched on the coming September 10, 2020, "deadline to bring an action."

I even forwarded an email from an insurance adjuster to a policyholder's representative stating that the Florida Statute § 627.70132 was the deadline for legal action for any claims arising from Hurricane Irma. Apparently, this adjuster did not actually read §627,70132.

If you signed up for Merlin Law Group's Hurricane Irma webinar on August 10, you know this is completely wrong.

As a summary, §627.70132:

[a] claims, supplementary claims or reopened claims under an insurance that provides property insurance, as defined in p. 624.604, for loss or damage caused by the danger of storm or hurricane is prohibited unless the notice if the claim, additional claim or reopened claim was given to the insurer in accordance with the terms of the policy within three years after the hurricane first landed or the windstorm caused the covered damage.

In layman's terms, a policyholder must notify Hurricane Irma of a loss before September 1

0, 2020. The Charter continues to define a "supplementary claim" or "reopened claim" as: [19659007] any additional claims for recovery by the insurer for losses from the same hurricane or windstorm that the insurer has previously adjusted according to the original claim. a little confusing. But to be sure, if there is a dispute about Hurricane Irma damage, make sure that the insurance company has notified the dispute before September 10, 2020.

Finally, § 627.70132 specifically states:

This section does not affect anyone applicable limitation of civil acts specified in page 95.11 for claims, supplementary claims or reopened claims filed in time under this section.

§95.11 requires that legal action be filed within five years after the expiration date.

So the next time you hear someone say September 10, 2020, is the statute of limitations for Hurricane Irma's claims, put them straight and point them to this blog!


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