[Law Firm Name] [Address] [City, State, ZIP Code] [Phone Number] [Email Address]
Date: [Insert Date]
To: [Insurance Company Name] [Address] [City, State, ZIP Code]
Subject: Formal Demand for Hurricane Damage Compensation – Policy No. [Insert Policy Number]
Dear Claims Department,
I represent [Client Name], residing at [Client Address], regarding their homeowner’s insurance policy (Policy No. [Insert Policy Number]) issued by your company, covering the property located at [Property Address], Florida.
During Hurricane [Name] on [Date], my client’s property sustained substantial damage, including but not limited to:
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Structural damage to the deck
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Roof impairment
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Interior water intrusion
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Electrical system failure
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[Other specific damages]
The claim was promptly reported, and your adjusters conducted an inspection. However, your company has denied coverage on the grounds that the deck damage was not caused by wind, but by flooding—despite the fact that the flood insurance policy also excludes this damage. This dual denial appears to circumvent the intent of coverage and leaves the insured without remedy for hurricane-related loss.
Legal Position and Rebuttal:
We formally dispute this denial for the following reasons:
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Wind as a Concurrent Cause: Florida law recognizes that if wind is a contributing factor to the damage—even alongside flooding—coverage under the wind peril should apply. Your company has not provided conclusive evidence that wind was not a proximate cause.
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Anti-Concurrent Causation Clauses (ACC): If your policy contains ACC language, its application must be narrowly construed. Courts have held that exclusions must be clear and unambiguous to be enforceable.
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Independent Flood Policy Limitations: The limitations of the separate flood policy do not absolve your company of its obligations under the wind coverage. Each policy must be evaluated independently.
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Evidence of Wind Damage: Photographic documentation, contractor assessments, and meteorological data support that the damage occurred during peak wind conditions associated with the hurricane.
Supporting Documentation:
Enclosed with this letter are the following materials:
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Damage Assessment Report by licensed contractor [Contractor Name], dated [Date], estimating total repair costs at $[Amount]
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Photographic Evidence taken within 24 hours of the storm, showing deck destruction consistent with wind impact
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Receipts and Temporary Repair Records for emergency mitigation efforts
Precedent Cases:
We also draw your attention to recent successful claims in Florida:
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In 2024, Citizens Property Insurance paid over $740 million in claims following Hurricane Milton, with thousands of homeowners receiving compensation for wind-related damage
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After Hurricane Idalia, Farmers Insurance established on-site support centers in Perry, Florida, facilitating rapid claims processing and payouts for wind damage
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Following Hurricane Ian, many homeowners successfully recovered losses by demonstrating wind as the primary cause, even when flood exclusions applied
Demand:
We hereby demand that your company:
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Reevaluate the claim in light of the evidence and legal precedent
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Issue full compensation for covered wind-related damages
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Provide a written explanation for any continued denial within 15 days
Failure to comply may result in legal action, including filing a complaint with the Florida Office of Insurance Regulation and pursuing civil litigation for breach of contract and bad faith denial.
Please direct all correspondence to our office.
Sincerely, [Attorney Name] [Bar Number] [Law Firm Name]
