Insurance And Hurricane Ian, Part 1: After The Storm, Are You Prepared To Litigate Against Your Insurance Company?


Hurricane Ian left a wake of catastrophic damage across Florida. Policyholders in southwest Florida and beyond will be looking to their insurance companies to pay their claims. Insurance companies will respond to the wave of claims by looking for ways to deny or limit coverage under the insurance policies for which they already accepted premiums. 

In the days leading up to the hurricane, news outlets and pundits spoke at length on the importance of “being prepared” for the storm. But how prepared is your company to litigate a claim against its insurance company if necessary? 

Litigation against any party is often a costly and lengthy process. Insurance coverage disputes are no different and often involve more aggressive tactics by the insurance company early in the case. 

Below are six best practices for companies who have suffered large losses as a result of Hurricane Ian and may have had their claims denied.

1. Review and study any coverage communication from the carrier.  

2. Review whether the insurance company raised so-called policy conditions as part of the denial.

3. Analyze the appropriate forum.

4. Organize your claim information sooner rather than later.

5. Understand that the playbook for insurance companies usually involves early motion practice.

6. Be patient.

National Law Review, Volumess XII, Number 277