| Carrier | Heritage Property & Casualty Insurance Company |
|---|---|
| Arguments used | Wind-driven rain |
| What happened next | Civil Remedy Notice filed with Florida's Department of Financial Services, which opens a 60-day window for the insurer to cure. |
One sentence carries the whole denial, and it concedes half the claim on the way past. The carrier agrees the damage came from wind-driven rain. It denies anyway, because it did not find a storm-created opening.
That is the entire wind-driven rain exclusion in a line. A homeowners form of this type covers rain that gets in after wind physically opens the building, and excludes rain that gets in any other way. So the fight is never about the water. It is about whether wind made a hole first, and who has to prove it.
Two things follow for a policyholder holding a letter like this. The first is that a finding of no opening is an inspection result, not a fact of nature: openings are lifted shingles, displaced tile, a torn soffit, a separated ridge cap, and several of those close back up under their own weight once the wind stops. The second is that the letter has already conceded the water arrived as wind-driven rain, which narrows the dispute to a single question a roofer or engineer can answer on the roof.
Florida DFS Civil Remedy Notice, filing no. 797082, accepted 12/17/2024, Punta Gorda. The filing is not the letter: the passage below is the denial letter's own language as the policyholder quoted it, where HERITAGE submitted a Denial Letter to the policyholder on or about February 20, 2023. · public record ↗
Quotes are verbatim from the cited public record. Case status and statute summaries drafted August 2026; verify against the current docket and statute. Not legal advice; consult an attorney about your specific claim.
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