Thanks to Mother Nature, many of us have hurricane insurance claims.

Stuart M. Address, attorney with Rubin & Rubin, Stuart, says he's expecting to soon be deluged by insurance policyholders in the wake of Hurricane Frances.

"What you'll probably see within the next few weeks are people who feel they're getting low-balled by various insurance companies," he predicts. "Many people likely won't get what they feel their damage deserves. Or, they'll be told something is not covered due to an exclusion in the policy."

What to do?

Consider seeing a lawyer. Common law doctrine, Address says, favors the insured "unless an exclusion is clear and unequivocal."

Also, you may not need to worry as much as you think about a lawyer's high fees. In Florida, you can recoup attorney fees if you beat the insurance company on a coverage issue, notes John Ameen, partner with the law firm, Ameen & Drucker, West Palm Beach. You might not recoup fees, though, if your dispute with an insurer is over the value of an item.

"Most of us will work for free right now," adds Port St. Lucie attorney Roger N. Messer. "Attorneys in St. Lucie County have nothing else to do. Our courthouse was condemned. The civil division and probate division are not open." Bring your homeowner's policy declarations page.

Experts cite some rules of thumb when dealing with your insurance company.

• Examine what your policy covers, but don't give up just because something is excluded. Ameen says some insurance policies exclude mold. However, you might be able to make an argument that the cause of damage wasn't mold, but water intrusion.
• Be sure to get your claim to the right insurance carrier. Windstorm, flood and homeowners coverage can be handled by different carriers. "Late notice could be an issue," Ameen warns.
• Take photos of damaged property, but try to prevent your damage from worsening. If you have a hole in the roof, put a tarp over it. You could run into a problem with your insurance company if you need a whole new roof because of subsequent water damage.
• Don't assume you have no insurance or an exclusion just because an adjuster says so. "Have an attorney review the insurance coverage to be sure," says Sal Scibetta, attorney with Fetterman & Associates, North Palm Beach. Adjusters are telling his clients that they have no windstorm coverage. If you truly have a policy that excludes coverage, your only recourse is going to be through the Federal Emergency Management Agency. However, it's possible that your mortgage company might have purchased coverage, Ameen says. Or, perhaps an insurer failed to comply with a policy's cancellation requirements.
• Avoid beefing up your claim. Many policies cancel all coverage under the contract in the event of fraud, Ameen says.
• "You may be entitled to money even if you don't go to a hotel," Messer says. Most homeowners policies provide for loss of use. If you've lost the use of your home, that has value. "If you tell Aunt Matilda, I'm going to help you by giving you $100 or $200 a month, you should be able to get that back."
• Don't forget car insurance if your Rolls Royce obtained scratches, dents or dings from flying debris. If they were caused by the storm, you may be able to get your car painted under your comprehensive coverage, Messer says.
Meanwhile, look for special deals offered to hurricane victims. Among them:
• Zero percent interest, no-fee loans. First National Bank and Trust Co. of Stuart, which also has branches in Tequesta and Jupiter, issues no-interest loans to $25,000 with a copy of a homeowners insurance policy. The rate is good through year-end. In addition, First National, through a state-funded small business no-interest loan program, offers no-interest business loans to 181 days.
• Some banks will waive CD withdrawal penalties if you need cash.
• Take advantage of tax breaks, listed at www.IRS.gov under "Topic 515." Among them: The IRS is giving taxpayers affected by Hurricane Frances until Dec. 30 to file tax returns and submit tax payments without accruing interest and penalties.
• Banks are waiving ATM fees. For Hurricane Charley, you needed to actually request reimbursement of ATM fees from Washington Mutual, according to spokeswoman Nova Barnett. "But with (Frances), we automatically lifted them."
 

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