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Florida Statute §627.70132 allows an insured to make a claim for an alleged hurricane loss within three years of the event. This statute, however, is not a waiver of the insured’s initial burden of proof to establish causation as a condition precedent to coverage.
In any late reported Hurricane Irma claim, the plaintiff’s bar argues that the insureds have no real burden of proof other than to introduce photographs of roof damages. The plaintiff’s bar argues that if the insurance carrier cannot prove that the roof damages are the result of an exception or exclusion to coverage, that the court must find that all of the damages are the result of wind on September 10, 2017 – an event which occurred three years earlier. This assertion is contrary to the controlling case law and common sense.