| Carrier | National Fire & Marine Insurance Company |
|---|---|
| Arguments used | Water exclusion |
| 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. |
The cleanest form of the wind-versus-water denial: no wind damage found, everything attributed to flood, and flood is not covered.
On a coastal Florida loss those two perils arrive within the same hour, and the allocation between them decides the claim entirely. A finding of no wind damage at all, on a building that stood through a hurricane, is a strong position that has to survive the wind record for that address, and the physical evidence above the waterline. Damage to a roof, to soffits, to screens, or to anything higher than the water reached cannot have been caused by flood.
The filing adds a procedural point worth recording: as of that date, no denial letter had been received. A coverage position communicated in correspondence without a formal denial leaves the policyholder unsure what has actually been decided, and section 627.70131 exists to prevent exactly that ambiguity.
Florida DFS Civil Remedy Notice, filing no. 685077, accepted 3/27/2023. The filing is not the letter: the passage below is the denial letter's own language as the policyholder quoted it, where the filing records that by that date no denial letter had been received, and quotes this from the correspondence. · 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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