Question 1

My insurer paid for some of the damage but not all of it. What can I do?

Accepted Answer

Underpayment is common. The remedy is a coverage suit, plus a bad-faith claim where the insurer's underpayment was unjustified. We audit the adjuster's file, re-scope the loss with our own experts, and turn the gap into a demand. If the insurer doesn't move, we file. Most cases settle.

Question 2

What is bad-faith litigation against an insurer?

Accepted Answer

Bad faith is a tort claim, separate from the contract, when an insurer mishandles a covered claim. Damages can exceed policy limits and include emotional distress and punitive damages. Alabama recognizes normal and abnormal bad faith. Florida requires statutory pre-suit notice and a 60-day cure period under § 624.155.

Question 3

How long do I have to bring a property-claim lawsuit?

Accepted Answer

Limitation periods vary by state and policy. Alabama allows contractual reductions as short as one year for some claims. Florida has a five-year statute on first-party contract claims, but recent SB 2A reform tightened notice and supplemental-claim deadlines. Send us the policy and loss date and we'll calendar your deadline.

Question 4

What's the difference between actual cash value and replacement cost value?

Accepted Answer

ACV is the depreciated value of damaged property at the time of loss; RCV is the cost to replace it new. Most policies pay ACV initially and 'hold back' depreciation until repairs are proven. Insurers routinely apply aggressive depreciation. Challenging it is where significant recovery hides.

Question 5

What is appraisal and should I demand it?

Accepted Answer

Appraisal is a third-party loss-amount valuation in most property policies. Each side picks an appraiser; they pick an umpire; the panel issues a binding award. Appraisal resolves scope-of-repair disputes faster and cheaper than litigation, but it only decides how much — not whether — coverage applies.

Question 6

Does my homeowner's policy cover flood damage?

Accepted Answer

Almost certainly not. Standard homeowner's policies in Alabama and Florida exclude flood. Flood coverage requires a separate NFIP or private flood policy. After hurricanes, wind-driven rain damage is typically covered under the homeowner's policy, but rising water is not — and that wind-vs-flood line is heavily litigated.

Question 7

I'm a contractor with an assignment of benefits from a homeowner. Can you represent me directly against the insurer?

Accepted Answer

Often yes — though Florida has tightened AOB rules and validity depends on the assignment, the policy, and which AOB statute version applies. Alabama is more permissive on AOBs. We've recovered $8M+ for restoration contractors on Hurricane Sally claims, much of it AOB work. Send us the AOB and policy.

Property claims, delayed, underpaid, or denied

About this practice

From the Library — First-Party Insurance Coverage writing