MIAMI—In the wake of Hurricane Irma, many commercial real estate owners are scrambling to find their paperwork and file their claims. When can you expect to get paid?

GlobeSt.com caught up with Gina Clausen Lozier and Michael Higer, insurance litigation attorneys with Berger Singerman LLP representing policy holders, to get some answers in part one of this exclusive interview. In part two, they will discuss whether or not you should hire a public adjuster and address other claims issues.

GlobeSt.com: How long do I have to report my Hurricane Irma claim?

Lozier: Under Florida law, you have three years after Hurricane Irma first made landfall or the windstorm caused the damage to report your claim. If you do not report your claim within three years, the claim is barred. This limitation also applies to supplemental and reopened claims, which are any additional claims arising from Hurricane Irma that the insurance company would have adjusted pursuant to the initial claim. Fla. Stat. §627.70132.

Although the law allows up to three years to report your claim, your insurance policy requires notice that must be immediate, timely or prompt. Most insurance policies do not provide a specific period of time within which you are required to report your loss, however, notice is necessary when there has been an event that would lead a reasonably prudent person to believe that a claim for damages would arise. The failure to provide timely notice of your Hurricane Irma claim may prejudice your rights to recovery and may ultimately result in a denial of benefits.

GlobeSt.com: Does the independent adjuster have authority to issue payment?

Higer: An independent adjuster is a licensed individual who works on behalf of an insurance company to determine the amount of damage payable under the insurance policy. Whether or not the independent adjuster has authority to issue payment will depend on the specific relationship the adjuster has with the insurance company.

Most often, the independent adjuster will not have authority to make payment but will provide an estimate to the insurance company for the amount of damages the adjuster believes to have been caused by the loss. The insurance company will then review the estimate and the policy to determine whether there are any applicable defenses or exclusions to coverage. If the loss is covered, the insurance company should issue payment in the amount of the independent adjuster's estimate.

Given the agency relationship between an independent adjuster and the insurance company, it is prudent to document any conversation with the independent adjuster that relates to coverage, the cause of the damage or the amount of loss. A follow up e-mail regarding the content of the conversation will suffice to keep a record of these communications.

Instant Insights /

After Irma, When Will Insurers Pay Your Claims?

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