Have you ever filed an insurance coverage declare solely to obtain a denial or an incredibly low settlement supply due to “pre-existing injury?” You’re not alone. Yearly, 1000’s of Florida property homeowners have justified insurance coverage claims underpaid or denied as a result of their insurers declare the issues going through their property existed earlier than the occasion that triggered the declare. 

If that sounds acquainted, you continue to have choices for pursuing the compensation it’s essential to restore your property. Step one is to grasp how pre-existing injury is dealt with by most insurance coverage insurance policies.

Is Pre-Current Harm Coated by Insurance coverage?

No, pre-existing injury shouldn’t be sometimes coated by insurance coverage insurance policies. Virtually all insurance policies embrace a clause that excludes it from protection ought to the policyholder make a declare. 

On the face of the matter, this is smart for all events. By excluding extant issues, insurers stop property homeowners from getting insurance policies after a construction has already obtained injury after which demanding protection. This enables them to supply decrease costs than they may in any other case profit shoppers. 

Moreover, if a property has been insured from the second it was constructed, there needs to be no injury important sufficient to require exterior monetary help to restore. Homeowners are anticipated to account for routine, anticipated upkeep like updating roofs, home equipment, and flooring once they resolve to buy a house or business constructing. 

Nonetheless, as soon as pre-existing injury exclusions had been launched, unscrupulous insurers started utilizing them to disclaim claims that may in any other case be coated. These insurance coverage firms could argue that an issue was pre-existing when it was to not scale back the quantity they need to pay. If this happens, you’re accountable for looking for a second opinion to obtain the protection you’re due.

How Is Pre-Current Harm Outlined?

A number of varieties of pre-existing injury could also be current in your property. These embrace:

• Harm your property suffered earlier than you bought your insurance coverage coverage. That is by no means coated as a result of commonplace insurance policies solely apply to occasions after the acquisition date.
• Degradation that was attributable to pure put on and tear throughout every day use. This isn’t coated as a result of it’s an anticipated a part of property possession. 
• Issues attributable to a scarcity of upkeep or one other failure to fairly shield property from hurt. These are normally not coated as a result of the problems are seen as your fault reasonably than that of a 3rd occasion or pure occasions. 

Every of those points can result in insurers denying your declare when it will in any other case be coated. Examples could embrace:

• Carpets which might be stained or broken by spilled drinks and common use.
• A roof that wants substitute as a result of it has reached its anticipated 25-year lifespan.
• Unnoticed water injury from a leak that occurred earlier than shopping for the coverage.
• A termite infestation that was current when the property was bought.
• Water injury attributable to lacking shingles that the proprietor didn’t take the time to interchange.
• Destruction was attributable to electrical fires as a result of the proprietor didn’t convey the wiring as much as code. 

These are only a few causes your insurer could try to deny or underpay a declare it ought to in any other case cowl.

Avoiding Pre-Current Harm Allegations

The most effective time to arrange for an insurance coverage declare is earlier than the issue occurs. By planning forward, you possibly can scale back the chance of getting a declare denied.

A very powerful factor you are able to do is doc the present situation of your property and any private belongings inside it. Good practices embrace:

• Taking photos of the property’s inside and exterior. Footage assist show the situation of your dwelling house earlier than disasters strike, serving to show that sure issues had been attributable to the coated occasion.
• Documenting particular issues of which you’re conscious. If you understand the construction has minor water injury that has already been handled, take detailed photos and movies of the realm to show what was and was not attributable to a future flood. 
• Protecting receipts for furnishings, expertise, and different valuables. If an occasion destroys your private property, you’ll want receipts or different documentation to show it existed. 
• Saving contracts and before-and-after photos of any renovations. For those who increase the standard of the construction, you’ll must show that to your insurer earlier than they’ll compensate you for the enhancements.
• Protecting payments for any routine upkeep carried out on the construction. Common upkeep is important to keep away from having claims for defective HVAC items or different gadgets denied, so maintain paperwork proving you had the upkeep carried out.

What to Do If Your Declare is Denied on Grounds of Pre-Current Harm

Even in case you carried out your due diligence, some insurers would possibly attempt to deny your insurance coverage declare unfairly due to alleged pre-existing injury. If this occurs, you continue to have choices to pursue full protection. Right here’s easy methods to get began:

• Seek the advice of an Insurance coverage Legal professional: Your first step needs to be to seek the advice of a talented lawyer to your declare. Disputing denials and underpayments is a fancy and time-consuming course of. Your legal professional will deal with the communications and negotiations in your behalf and counsel you on the data it’s essential to present to maximise the probability of full protection.
• Get a Second Opinion: Some expert Florida insurance coverage legal professionals can act as insurance coverage adjusters and appraisers. Your legal professional can examine the positioning and offer you an unbiased second opinion relating to the injury and how much protection your insurer ought to supply. 
• Discover Footage and Proof: For those who documented the situation of your private home earlier than the catastrophe, now’s the time to make use of these photos. For those who didn’t, you possibly can search by means of your images, emails, and different information for incidental photos demonstrating the situation of your private home or property. 

When you’ve taken these steps, you possibly can file a dispute together with your insurer to pursue the compensation it’s essential to restore your property. The Professional Legislation Group focuses on serving to property homeowners in Miami and all through Florida search truthful compensation beneath their insurance coverage insurance policies. Study extra about how we may also help you by scheduling your free case assessment as we speak.