| Carrier | Homeowners Choice Property & Casualty Insurance Company |
|---|---|
| Arguments used | Wear and tear |
| 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. |
Cape Coral, two months after Hurricane Ian’s landfall, and the finding is that no wind damaged the roof. The leak is assigned to wear, tear and deterioration instead.
The claim is checkable in a way that a general wear finding is not, because the storm is dated and located. Recorded wind speeds for this address on September 28, 2022 are a matter of public record, and a roof that took hurricane-force wind and shows no wind damage at all is a finding that has to survive that record.
The letter also does its arithmetic on the rest of the claim, applying the deductible and recoverable depreciation to what it did accept. That is the ordinary shape of these documents: a covered portion reduced by deductions, and the disputed portion excluded outright, with only the second part argued.
Florida DFS Civil Remedy Notice, filing no. 658637, accepted 11/28/2022, Cape Coral. The filing is not the letter: the passage below is the denial letter's own language as the policyholder quoted it, where the same letter accounts for the deductible and recoverable depreciation on the balance of the claim. · 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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