| Carrier | Indian Harbor Insurance Company |
|---|---|
| Storm | Hurricane Ian (2022) |
| Date of loss | 2022-09-28 |
| Letter date | 2023-03-28 |
| Arguments used | Wind-driven rain · Pre-existing damage · Wear and tear · Below deductible |
| What happened next | The letter closes the claim at Net Claim $0.00 against a $113,304.00 deductible. The policyholder sued in the Middle District of Florida. |
Two of the most common denial arguments arrive in the same paragraph here, and the letter is the whole document, seven pages of it, filed in a federal court record.
The first argument is the storm-created opening. A homeowners or commercial property form of this type covers rain that enters after wind physically opens the building, and excludes rain that enters any other way. So the adjuster’s finding is not really about the water: it is about whether wind made a hole first. This letter answers no, and attributes the roof, exterior and interior damage instead to pre-existing repairs and long-term issues.
The second argument is quieter and arrives as arithmetic. The letter states a Replacement Cost Value for the claim, subtracts a $113,304.00 deductible, and prints a Net Claim of $0.00. On a large commercial deductible, the causation fight and the deductible fight reach the same destination: the carrier writes no check either way, and only one of the two is argued in the letter.
The date matters. The loss date is September 28, 2022, the day Ian came ashore, and the letter is dated March 28, 2023, six months later. Florida’s suit deadline runs from the date of loss, not the date of the letter, so a claim that spends half a year in adjustment has already spent half a year of its clock. The document is on Tower Hill Claims Services letterhead, signed by an adjuster with a Florida license number, which is what a third-party administrator handling another carrier’s claims looks like on paper.
G&M Estates USA, Inc. v. Indian Harbor Ins. Co., No. 2:23-cv-00842 (M.D. Fla.), Doc. 3 at 117 to 123 of 123. Letter issued on Tower Hill Claims Services, LLC letterhead and signed by a licensed Florida adjuster. · 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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