As hurricane season approaches Florida, the familiar checklist begins to circulate: stock up on water, batteries, non-perishables, and secure your windows. While preparing your pantry is important, attorney John Tolley emphasizes that a far more critical form of preparation often gets overlooked: ensuring your insurance policy is airtight before the storm arrives.
Many homeowners are not as prepared as they think when it comes to understanding what damages their insurance will cover after a storm.
The aftermath few talk about: Insurance denials
Tolley and his team at JT Law Firm have seen firsthand how slow, unfair and often devastating the insurance claims process can be after a storm.
For instance, hurricane Milton made landfall in Florida on Oct. 9, 2024, as a category 3 hurricane. The storm caused considerable damage, including an outbreak of at least 19 confirmed tornadoes and wind gusts that toppled trees and power lines, severely impacting many homes and businesses.
According to JT Law Firm, the estimated insured losses totaled out at more than $4.2 billion. To date, nearly 19,000 residential claims remain open. Additionally:
- 106,240 residential claims were closed without any payment.
- 20,034 homeowner claims were closed without payment due to denial of coverage (all other than flood).
- 39,633 homeowners’ claims were closed without payment due to “damage below deductible.”
“People think their case is an exception,” said Tolley. “But the reality is, it’s happening across the board.”
Worse yet, Tolley said some insurance companies have found legal ways to reduce homeowner rights.
“We’ve had a number of different law changes over the last five years. Because those law changes are more favorable to the insurance companies, we’re seeing more and more denials.”
He added that almost 40% of claims made after Hurricane Milton were closed without any payment, which is nearly half.
“That’s an incredible amount of cases that have been closed with zero payment.”
Senate Bill 2A, signed into law by Gov. Ron DeSantis, allows insurers to add arbitration provisions to homeowner policies in exchange for small discounts.
“They’re offering you a $25 discount on your premium so you can only go to arbitration court,” Tolley said. “If you elect to have that policy provision, you have to pay the arbitration costs yourself. What would you say if I gave you $25 but you could never sue me ever again in court? That’s exactly what insurance companies are doing.”
Tolley explained that insurance companies are banking on homeowners becoming fatigued with their claims, not fighting back or failing to contest what they are owed.
Don’t wait to report damage
One of the most common mistakes homeowners make, according to Tolley, is underestimating roof damage. He frequently hears statements like, “I’m not a roofer, but the damage isn’t that bad. It can’t pass my deductible.”
“If you’re a homeowner who doesn’t have experience in roofing or general contracting, you need to get somebody out there to look at your roof,” he advised. “Even though you feel like today it’s not a lot of damage, wait until next rainy season, because that’s usually when you’ll find out that you had a lot more damage than you thought.”
The stakes are high: Florida law only gives homeowners one year to report a hurricane-related claim.
“Make the claim within one year of the date the hurricane makes landfall. For Milton, that would be by Oct. 10, 2025,” Tolley said. “We handle these cases daily. Just because a claim’s denied does not mean it’s over. The insurance company can make whatever decision they want. If you have legitimate damage that should’ve been covered under the policy, you can continue to fight that.”
Why legal support matters more than ever
Tolley, a native of Florida, is one of the rare 1% of attorneys who takes insurance companies to trial to get his clients what they deserve.
“A lot of law firms don’t take cases to trial,” Tolley said. “They’ll try to settle every time, even when the homeowner is clearly getting shortchanged.”
That courtroom experience has led to major wins, including one case where multiple whistleblowers came forward to expose how an insurer was instructing inspectors to ignore damages, as they were going to be denying all claims, no matter what.
“You need to look for an attorney who focuses on this topic and has experience doing this,” Tolley advised. “I’ve tried more than 50 jury trials. I tried a jury trial just recently in Volusia County where the insurance company denied the claim. We went to trial, and we got 100% of our estimate plus $1,000 extra. There are so many different rules when it comes to this type of stuff that if you fail to take one step, even before you file the lawsuit, the case could be dismissed.”
Tolley explained how recent changes to statutory attorney fees are ultimately anti-consumer.
“Until about three years ago, if you had to sue your insurance company for a property damage claim, the insurance company would pay your attorney’s fees and whatever you were owed for the damage. That was nixed three years ago. What that means now is, instead of you becoming 100% whole, you’re going to have to pay a deductible, and then you’re going to have to hire an attorney and pay anywhere from 10-33% of your claim out.”
Despite recent legislation making it harder for homeowners to recover attorney’s fees, JT Law Firm continues to work on a contingency basis, meaning they don’t get paid unless you do.
Prepare before the storm
Here’s what every Florida homeowner should do now:
- Document your property: Take photos and videos of your home -- especially the roof, walls, foundation and key appliances. This should be done both internally and externally. “It’s not just enough to go snap a couple of videos; it’s important to get somebody up on the roof and take photos of it because that’s usually where homeowners experience damage after a hurricane.”
- Review your insurance policy: Know your deductibles, exclusions and whether you’ve opted into arbitration clauses (even unknowingly).
- Get a pre-storm inspection: Many companies now offer pre-hurricane inspections. “They come out, take photos of what your roof looks like, what the exterior of your home looks like. They can even come in and do the interior.”
- Inspect any damage as soon as possible: If you suspect you have some wear or minor damage, have a licensed professional inspect your roof or structure now.
- Save legal contacts: Have a trusted insurance attorney’s number saved. In the chaotic days after a storm, it’s critical to act quickly and correctly.
- Act quickly after the storm: Don’t wait to report damage. Even if it seems small, file the claim and let experts assess it fully.
Tolley and his team emphasize that preparation extends beyond grocery stores and gas lines.
“Everyone knows to put your documents in a waterproof bag and all that, but what’s important is to address this from a claims perspective,” he said.
Many denials are based on what insurers call “wear and tear” or preexisting damage.
“They’re saying the damage isn’t from the hurricane, it’s from something before,” Tolley explained.
He advised homeowners to take proactive steps before the storm hits.
“Look at your pre-purchase inspection report, make sure you have that -- scan it, put it in your email,” he said. “The most important thing is to document what your home looks like before the storm.”
When you file an insurance claim for property damage, the burden of proving the cause of that damage falls on the shoulders of the homeowner. This is how the insurance companies have the claims process setup.
Claims need to be fought on their terms, so prepare ahead of time by creating your own evidence. Take pictures and videos of your home before a hurricane makes landfall. If a hurricane damages your property, you have a before and after comparison you can use when submitting your claim. What makes this before and after comparison so effective for your claim is the images and videos from before the hurricane made landfall are timestamped just before the storm’s arrival.
The real cost of being unprepared
“Every time we post about these numbers, people are shocked,” Tolley said. “Most have no idea how many claims are being denied or underpaid. And, unfortunately, they only learn the hard way when they’re the ones fighting for help.”
With predictions of an active 2025 storm season, now is the time to take this seriously.
“If the hurricane’s heading your way, you don’t want to be the one saying, ‘I wish I had taken pictures’ or ‘I didn’t know I had that clause in my policy,’” Tolley said. “The storm is coming; prepare for the legal storm, too.”
Tolley’s mantra is the best predictor of the future is past behavior. That’s why it’s important to look at how claims have been managed in the past. It allows you to avoid making the same mistakes others have made.
“The real issue here is that the insurance companies hire a licensed desk adjuster and a licensed field adjuster from the minute you call in the claim. Those people’s job is to work for the insurance company.”
Tolley advised that, given the current landscape of claims, it would be in a claimant’s best interest to hire their own professional from the beginning. Hiring your own professional means having someone on your side fighting exclusively for what is best for you.
“You’ve got to have somebody who’s trained and experienced in what to know, what to do and how to do it,” he said. “We believe you were promised to be put in a pre-loss condition, and the insurance company has an obligation to do that.”
If you have a denied or underpaid claim, learn how JT Law Firm can help you get what you’re owed by clicking here or calling 407-597-7777.