FL Non-renewal with open claim and litigation underway what can I do? Laura Suby asked 2 months ago
FL Non-renewal with open claim and litigation underway what can I do?

Hi, we have just received a Notice of Non-Renewal of our H.O. policy in SW Florida. We have an open claim that has resulted in litigation for underpayment of Hurricane Ian damages, mostly related to our tile roof. Our insurer (Florida Peninsula) has stated the reason for non-renewal is “Damage to roof.” Our agent called and asked if they would lift the non-renewal while the claim is open, and they refused, apparently telling her the reason was that we caused “unreasonable delay” in getting the roof repaired. That is ridiculous, as it is FL Peninsula who has delayed at every step, from the first claim payment and all through the litigation (e.g., they respond on last day possible, or missed deadlines in several instances).

We paid for and provided expert reports, and they have paid us approximately $10,000 for the roof. We do not have the money to pay over $100,000 (number derived by experts we hired) to repair our roof, or it would be done by now. Our tile is obsolete and we have significant damage, including shifted tiles and wind uplift.

Our policy will be non-renewed as of July 29, 2024, in the middle of hurricane season. What can we do for insurance? Are there any insurers in Florida who can write a policy that excludes the roof? We do not want to go without insurance (have a mortgage), yet we don’t have the money to replace our roof and even if the case settles, we probably don’t have time to get it all finished by July 29. We feel like the insurance company has “put a gun to our head” and we would appreciate your help and advice. Thank you.

1 Answers
United Policyholders Staff answered 1 month ago

Dear Laura,

Thank you for contacting United Policyholders. We are sorry you are going through this and apologize for the lengthy delay in responding to your question. As a policyholder you have the right to end and change your insurance carrier when you consider the best time even if there is still an active claim. If your policy was cancelled or non renewed due to pending repairs, you are free to shop for a new insurance but it might be difficult (not impossible) to find an insurance company willing to insure your home. In most cases, you can try special arrangements as you mentioned, maybe requesting exclusion of your roof (during the active claim with the prior carrier)or paying higher premiums. If you do not find a new insurance company to provide coverage for your home you can try to request coverage under the Florida state insurer Citizens Property Insurance Corporation or contact your mortgage company and ask for a “force-placed insurance” or lender-placed insurance.

We hope this helps,

Team UP