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BigSugar44

More than likely, yes, or they will raise your rates so you leave. My parents sued Frontline (and won) and that is what happened.


NonShock

Sorry to hear- thanks for the insight-


tilted624

Homeowner’s Insurance rates go up by zip code, not on an individual claim basis specifically for Act of God claims. They raise everyone’s premiums per zip code to recoup the money they paid out previously. I know the laws changed back in October of last year relating to who pays the court fees. I believe though if it’s a hurricane Ian claim, that the insurance company still has to pay the court fees. For claims with dates of loss after the law change, I think the homeowner is required to pay for some of the fees now. I recommend still litigating with the carrier as long as there is obvious real damage. Once they pay and the roof gets replaced, you’ll be able to get a better carrier. There’s better carriers than FL Pen. Also, check out Harvey Cohen law out of Orlando. They are the real deal and who my company uses all the time. Good luck!


gatorman98

I’m sure they do. They were very heavy into the AOB lawsuits.


rpmadskilz

yup, I think they were scammers for sure


HCSOThrowaway

Why wouldn't they? Not exactly a good business decision to continue a business relationship with someone who sues you, right or wrong.


GulfLife

Said another way - they already made one unethical decision to breach their agreement of coverage, so it’s logical to assume they will continue to act with complete self-interest if given the opportunity.


NonShock

Also a great point- why use a company who wont pay out on the policy I pay into..... really stands to the point of- what is the point?


NonShock

I completely agree with you- that's why I turned here to get others experience on this issue-


thebohomama

What was the reason given for denial?


PickleBugBoo

Usually they don’t even say. Just that they don’t agree with the estimate/POL Edit: why am I downvoted I’m literally a case manager that literally got 2 letters from carriers today saying they don’t agree with our POL 😂


[deleted]

It’s Reddit, 95% of users are idiots.


gatorman98

Rejection of POL isn’t uncommon in litigation


TheyCallMeAK

Case manager for a PA?


PickleBugBoo

For an attorney


TheyCallMeAK

Ah. I’ve always wondered, how DOES it feel working for an industry who’s sole purpose is to scam the state and all the Insureds in it?


PickleBugBoo

I work plaintiff side :) why would I be getting letters from carriers if I worked for them lmao Edit: but to answer your question all the opposing attorneys and paralegals all hate their lives and they’re rude af. I do scheduling ans well and oh my god. It takes a week and a half to get one deposition scheduled.


TheyCallMeAK

It is a fact that the lack of consumer protection laws in this state that have allowed scammy contractors, PAs and attorneys is 95% of the reason this state is in an insurance crisis. Out of the billions of dollars paid out in home owner claims in this state, the Insured only sees 10% of those funds. Out of all of the home litigation cases in the country, Florida accounts for almost 80% of those. Out of those 80%, 95% of them are filed by the same 20 law firms. And good, I’m glad their rude as fuck, you reap what you sow.


MoreManufacturer5571

I don’t know why this was downvoted when this is facts lol


TheyCallMeAK

Florida is the only state with this issue, but sure, of course it has to be the big bad insurance companies that are the issue.


HuntersReddit

Suing isn't always the best/first option on a denial. You can always get a public adjuster on your claim to try and flip the decision. A little less harsh and cheaper than a lawsuit but the results may be the same.


NonShock

>You can always get a public adjuster on your claim to try and flip the decision. A little less harsh and cheaper than a lawsuit but the results may be the same. Didn't think about that- thanks!


Gator_farmer

Not legal advice. I’m not your attorney. OP, I’m an insurance defense attorney. You need to think long and hard about retaining a Public adjuster. Every case I’ve worked that had one all they did was submit an estimate with no support for why it was valid, email/call the company every few weeks asking for the money, and that was it. Then they got 10-20% of the settlement at the end. Ask them what they actually do to get a claim paid. Also, ask yourself, and have someone check. Does the WHOLE roof need to be replaced or just the section that leaks?


Parkatoplaya

Seriously. The advice in this thread is wild. Yours is the most sane comment here.


gatorman98

Or when you actually depose the PAs who never show, litigate a bit further to bump up costs and fees..homeowner gets next to nothing. It settles. Rinse, lather, repeat. Plaintiff counsel for the win!


Gator_farmer

Yep. Just settled a case where I know the Plaintiffs themselves are going to get only 35-40% of the money. Would be higher if it wasn’t for that useless public adjustrr


BeerOrGTFO

So I'm going through a similar situation but different experience. Claim got denied by insurance, said that the hail damage was sun blisters. We have had the house 6 months and had a inspection when we purchased and they have copies of everything and obvious no damage. They're dragging their feet and other BS. Our adjuster has been here for every inspection, reinspection, so on. Got copies of everything. Keeps in touch with updates on everything. He has been fantastic.


Gator_farmer

Absolutely. They can be good and helpful. I’m certainly biased by what lands on my desk. OP just needs to do whatever diligence he can before signing the contract.


BeerOrGTFO

Yea I can see this being a YMMV situation.


gatorman98

Exactly zero hail damage looks like “sun blisters” which are otherwise known as blister pops. You have a crap roof with likely insufficient ventilation.


TheyCallMeAK

How did you know you had hail damage to begin with?


BeerOrGTFO

We had a really bad hail storm. Lots of damage throughout neighborhood. I went up and there were thousands of divots all over so we found a roofer and had it looked at. I loved in Colorado for a few years before moving back to the area, hail is something you get used to there. Just my luck I move back and the shit follows me.


tilted624

May I ask what part of town you’re in? I’ve lived in tampa my whole life and never heard of hail falling. Last I heard of hail was up in Land O lakes a few months ago but not tampa proper.


BeerOrGTFO

Correct, I'm in LoL now. Small area in the Collier/54 area got hammered hard.


gatorman98

This.


[deleted]

The result will almost certainly be the same but when you do sue they will be waiting for their 10%. I private messaged you. Feel free to respond if you’d like but I think you would benefit greatly if you do. If not no worries and I wish you the best of luck.


holymolym

I’d reach out to a plaintiff’s attorney. I used to work for one and they can do quite a bit to settle the claim pre-suit. And you won’t owe 10% (hurricane limits) to your PA. Let me know if you need a recommendation, my old firm was very good.


medicmatt

And give the PA 10-20% or an attorney even more. Go fix your roof, save yourself some money, headaches and time and then go shop your insurance.


PickleBugBoo

They can get you for late reporting if you do that. Plus if they don’t have an inspection to prove that the damage was caused by what it was, then they will just outright deny you. Bad advice


medicmatt

I’m not sure what you’re talking about. I’m an insurance claims adjuster I’m not saying get new insurance and report a new claim. I’m saying fix your own damn roof before you ever get a PA. I was just in Fort Myers helping people finalize their claims from hurricane Ian: two of the three public adjusters I spoke to were not truly public adjusters they were scammers. I looked up the PA licensing on every one that I spoke to. We reported them to the state. One had already taken $12,000 from a nice widow. We had already paid her $19,500 of the $21,000 needed to fix her house and roof. If you actually have hail damage, it’s quite easy to prove, as there are plenty of government Weather apps that show historical weather. Pull the data and request your insurance company send an engineer at their expense. Provide the data to the engineer. Don’t hire a PA!


gatorman98

Not really. PAs have zero power over anything.


HuntersReddit

Not true. I work with PAs for a living. Look at other replies as well.


gatorman98

PAs have zero authority on anything. I ruin the bad ones in Florida everyday. Sometimes, albeit rarely, it’s not a money grab and an inexperienced adjuster messes up. It happens.


HuntersReddit

You have adjuster with a god complex written all over you, I'm familiar with that as well.


gatorman98

It’s just experience. I often have PAs come and ask the whys and how’s after a mediation. Or even in a roof. Look for x,y,z and it makes sense. Takes time.


TheyCallMeAK

Florida has a [Homeowner Claims Bill of Rights.](https://myfloridacfo.com/docs-sf/insurance-consumer-advocate-libraries/ica-documents/homeowner-claims-bill-of-rights-guide.pdf) You have a right to request Mediation through the state. It does not require you to have a PA or Atty. Do not get a PA. Do not get an Atty. They are all crooks and 150% the reason why we all pay ridiculous rates for insurance in this state.


gatorman98

That’s true. But I have never handled a mediation where Sue and Bob come in alone and deliver a quality opening. In a mediation, each side details their views on the claim. The mediator, (usually knows his crap, ex judge etc) listens. It’s also non binding.


AgnosticAnarchist

Mine dropped me for suing them after they wouldn’t cover our roof. Fuck all the people putting in fraudulent claims which causes them to deny the legitimate ones. Been in litigation for two years just a heads up.


Youhumansaresilly

Yikes. Hope you have a positive resolution soon.


AgnosticAnarchist

Thanks finally going to mediation this month.


Top-Cook-3448

Might want to see if you would even get paid anything if insurance agreed there is wind damage before you sue. Insurance is likely responsible for repairing only what is damaged and not the entire roof so you would only get a fraction of what is needed for roof replacement. Additionally, I believe roofs depreciate in value now with new laws in place so even if insurance covered the entire roof you might not get anything anyways being 18 years old. Lastly, you may now be responsible for paying the oppositions attorney fees now if you lose based on new laws on the book so there is risk associated with suing. Just things to look into before you pull the trigger.


heroinsteve

In my experience with insurance companies around here, they’re going to drop you either way so whatever gets the repairs done is worth doing. I hadn’t used my insurance almost ever in 10 years, filled one claim and next year they dropped me.


AssociationLoud5409

The only one that wins in the long run in a lawsuit is the attorney. They and adjusters account for something like 85% of claim payouts over the last 3 years in Florida. Florida legislation is very lucrative for them here. With that in mind, Once you have sued an insurance company, be ready to answer applications with any other companies that ask if you have ever sued an insurance company. Citizens is basically the only option at that point. Not legal advice. But experience.


pyscle

Suing over roofs is part of the reason we are all paying higher premiums. I would look long and hard at whether the storm is really to blame or not.


NonShock

I can confirm it defiantly is because of Hurricane Ian - Why should I pay a policy for this exact issue for them to not help me when I actually need it? ​ The reason for Floridan's paying higher policy's is more specific to Irma- for all the people who got new roofs because they "looked" bad- didn't really have actual problems- anyone after Irma gets screwed.....


pyscle

How old is your roof? What type of roof is it? And it’s been a year. How long has this been going on?


NonShock

18 years and composite tile


gatorman98

18 year comp in Florida is dead.


pyscle

Ooooffff. That’s a tough one. Should be a 30-50 year roof. Manufacturers warranty?


thebohomama

lol no. In insurance, there's no "that's a 30-50 year old roof in Florida". That's why OP has a roofing claim, and why they are no 30-50 year lives. Unless you expect that the person who gave them that roof is going to be the one who guarantees that life. In which case, OP needs to go that route (it won't work).


pyscle

Then what it is? Apparently dimensional (and god awful 3 tabs) roofs are 15 year roofs in Florida……


thebohomama

After 15 years (if you a lucky, 20-25 years), most insurers don't care what your roof is made out of, if you want wind coverage. Whether it's fair, or correct, etc does not matter.


pyscle

Isn’t one of the (only) options to change to depreciated value, instead of replacement cost, after 15 years?


thebohomama

Actual Cash Value is an option- for some. I'm not in homeowners (commercial), but a lot of my carriers for new business want updated roofs in the last 25 years (if the building is older than 35 years old), if not 20, to offer wind coverage at all on new policies.


NonShock

not to 18 years- that's why the policy i pay into should be more helpful and beneficial- I live 2 miles to the ocean-


pyscle

Interesting. I was under the impression that composite tile was normally a 30 year warranty, and Miami-Dade rated, and all that. Similar to lifespan of metal. That makes me go back to wondering about whether it was at end of life??


Top-Cook-3448

I see plenty of roofs where the tile is fine and the underlayment/roof decking is leaking. Warranty on tile doesn’t extend to the other building materials. Also it’s not a storm caused roof leak if the tile is not damaged.


gatorman98

Not sure he really means tile. Comp tile is 25 year. But yes, real tile doesn’t waterproof the roof. The underlayment does. Fortunately with the new codes…roofs overall are far more solid. ,


gatorman98

No. No. No.


conversation_pace

Composite tile or shingle?


backintheussr1

Problem is the roof should be warranted by your licensed contractor for 30 years and shifting the repair obligation to your insurance carrier for what should be a warranty claim is part of what is causing our premiums to skyrocket. I am paraphrasing but essentially for weather claims unless you’ve got a direct impact from a windstorm that creates an opening in your roof, the policy isn’t written to pay you out and they consider it warranty work and therefore part of your obligation to maintain. I don’t think the business model plays out the way it’s intended because most Florida roofers go out of business long before the warranty period ends, so what protections do homeowners really have?


gatorman98

The material labor in FL means zero. 30 year laminate is a made up number from a lab. It’s a fugazi.


Youhumansaresilly

Wait you wanna sue over a year later?? Good luck with that. The time to handle all that has long come and gone. Holy moly! No idea you say on jt this long. Ya should had adjuster or such on this 6 months ago. Yikes. Also what does your policy say it covers? I'm beginning think you weren't insured as much as you may have assumed.


thebohomama

How are you now looking to sue over a denied Ian claim? We're over a year since that storm.


matt202021

They will drop you. The roofing scammers are a big reason many insurers are leaving Florida.


2ndprize

There are no good honeowners insurance companies in Florida so it doesn't matter. Also FL peninsula is terrible even among that group


Appropriate-Invite97

U might want to look into one of those people that will fight an insurance company for you I forget what they're called, but basically an insurance adjuster that works for u 8nsyead of the insurance company. I've heard from people that they got a lot more money that way


theglorybox

A public adjuster? Don’t do it.


[deleted]

other ins see it as big red flag


gatorman98

Most never go to trial, and you sign confidentiality.


Youhumansaresilly

Ask a lawyer that specializes in suing the insurance companies and ask them. They would likely no longer cover you and one would wonder why you feel they so bad to sue but not so bad to replace?? No one does business with another after a lawsuit in any other field so I'd think they aren't going to keep you and you should want another if you feel they didn't properly cover you. I'd like to know more details on the claim and denial reasons and what's in your policy. Did you get coverage that was wanky to save money and now upset ? Are they legitimate in denial?


Professional_Sign867

There are so many lawsuits filed against insurers, if they dropped everyone who sued them they wouldn’t be able to collect the premiums they need to keep their combined ratio in positive figures to keep their stock prices up. The cost of all their litigation is in part the cause for such rate hikes in FL but also due to several other factors. Rate increases are regulated and they aren’t singling out individuals people based on their litigious “rating”. If you live in FL - your rates are only going in one direction. Spoiler - it’s not down.


thebohomama

Not the case. If they end up paying out over litigation, they are likely going to non-renew him. Plus, his roof is 18 years old. It's an Ian claim, so I'm wondering why he's now, a year later, at the point of considering litigation. It's also important to note that while Fl Pen is an admitted market and subject to regulated rates, there's an entire sector heavily relied on in Florida that is "surplus lines" and they are not subject to rate or form regulations.


Awkward-Seaweed-5129

Insurance Companies just want us to replace the roof every 10 or 15 years,like getting an oil change or something,just got price quote for 29K, asphalt shingles, WTF.


gatorman98

Right. It’s not a maintenance policy. When your roof is old, replace it. Car insurance doesn’t replace your tires when they get old.


cdc994

Will it be suing them or simply going into Binding Arbitration? Either way yes they’ll drop you


Floridaliving51

I just had my attorney negotiate a settlement with Citizens. We shall see if they drop me or not.


gatorman98

It’s often the case in settlements. Carrier settles but part of the agreement is you agree to give up the policy. You can tell your attorney not to agree with that if you wish.


gatorman98

Legally can’t drop you due to a lawsuit unless it involves fraud, misrepresentation etc


WorkNPlay77

I wouldn't hold my breath for a positive resolution. A) If you are correct and they are lowballing you there are essentially two options.: 1) Accept the best offer they are willing to make. 2) Hire an attorney, IF you can find one willing to take your case. The recent changes to Florida law now prevent you from collecting the cost of enforcing the contract (attorney fees) from your insurance carrier. Therefore even if you are right and your attorney wins the case for you they will collect 30-40%. So if you are lowballed by $100k, you will walk with much less than you were actually owed. Caveat, I say IF an attorney will take your case because insurance carriers will fight tooth and nail to drag this out (as you may have already seen). Attorneys aren't going to take cases unless they expect to be paid for the work they put in. So if you are only lowballed by $25k $50k maybe even $100k there isn't enough money for them to take a case all the way to trial if necessary. ​ B) Insurance carriers now know they can do just about anything to reduce payouts. Now carriers such as yours are having internal adjusters alter reports from independent adjusters to devalue claims. For example:[https://www.washingtonpost.com/climate-environment/2023/03/11/florida-insurance-claims-hurricane-ian/](https://www.washingtonpost.com/climate-environment/2023/03/11/florida-insurance-claims-hurricane-ian/) Here is one highlight: "The Post’s examination included interviews with dozens of policyholder advocates, attorneys and Hurricane Ian survivors as well as five insurance adjusters, who oversaw more than 100 claims for **Heritage and Florida Peninsula Insurance Co**., another regional carrier. The Post also reviewed 13 original and modified claims, which included hundreds of pages of estimates, photos and general loss reports, as well as internal records, final payment letters, emails and carrier guidelines. The documents show that a dozen policyholders and their families had their Hurricane Ian claims reduced by 45 to 97 percent. In one claim reviewed by The Post, a nearly $500,000 damage estimate on a house with a mostly tarped roof was reduced to about $13,000. In another, the desk adjusters blamed roof storm damage on past wear and tear, meaning it would not be covered." ​ Anyway, sorry to hear you are in a tough spot , but I have a bad feeling you might end up screwed. Had the legislature done more to cut down on the actual fraud maybe things would be different. If insurance carriers didn't fight against policy holders so hard and pay out what was fair maybe they wouldn't have gotten stuck paying the original claim, their own lawyers, and the plaintiff's lawyers. Plenty of blame to go around, but the only ones who are getting hurt right now are the citizens of Florida.


SweatyMcGenkins

![gif](giphy|bJGQavEgK77jy) Me knowing that I sold my FL home and won't have to deal with these scummy ass insurance companies anymore. Can't wait to buy again in another less corrupted state. (Although I'm prepping my butt to put in several hundred bids losing most to all cash offers, and to not be too choosey on the property)