• Discounts and special offers
  • Subscriber-only articles and interviews
  • Breaking news and trending topics

Already a subscriber?

By signing up, you accept Moneywise's Terms of Use, Subscription Agreement, and Privacy Policy.

Not interested ?

Home Insurance
Florida woman shows news anchor her burnt down home. WFLA News Channel 8/YouTube

After a Florida woman's house fire, her insurer declared it a total loss — but has no say in whether it gets rebuilt. Here's who actually decides

A Tampa woman lost her home in a fire — and then received a municipal notice giving her 21 days to demolish it. If she didn’t comply, the city would do it on her behalf and send her the bill. The problem? Her insurer’s investigation takes about 60 days to complete.

The fire, which started in the garage and spread throughout the house, left no room untouched.

Advertisement

Jamie Cohn told WFLA’s Better Call Behnken that she wants to preserve the frame of the house and rebuild, but even an extension from the city doesn’t leave enough time for her insurance company to complete its investigation (1).

“The evidence of the fire would be not there,” she told Better Call Behnken. She’s worried this would impact the ability of her insurer to complete its claim investigation, and potentially jeopardize her payout.

The insurance trap

This is a trap that most homeowners don’t know exists until they’re in it.

Each state has different rules. Under Florida law, for example, insurers have 14 days to acknowledge receipt of a claim. From there, they have 90 days from the date the claim is filed to complete their investigation and either approve or deny the claim. Claims typically take from 60 to 90 days (2).

On the other hand, a municipality can demand that a homeowner tear down a fire-damaged house if it’s considered a public safety hazard. This typically involves issuing a formal notice to the homeowner with a deadline for demolition — and that deadline can be tight, depending on the state of the property and the risk to public safety.

Municipal code demolition timelines are governed by local municipal building codes, which can vary across the country. But municipal code enforcement operates independently of insurance claim timelines.

Despite this, if you don’t comply with the municipal order, then the municipality can go ahead and demolish your property, bill you for it and, if you can’t pay, place a lien on the property to recover costs (3). Placing a lien on the property could complicate insurance payouts, limiting your control over the funds.

Plus, if the home is demolished before the insurer completes its investigation, you may lose the ability to document cause, scope and value of damage, potentially jeopardizing or reducing your payout.

Must Read

Join 250,000+ readers and get Moneywise’s best stories and exclusive interviews first — clear insights curated and delivered weekly. Subscribe now.

How to protect yourself

Firstly, review your insurance policy to understand any timelines that may apply to specific claims. A comprehensive inventory of your belongings, including estimated value, is also a good way to be ready in the event of an emergency.

Advertisement

As a precaution, talk to your insurer about adding ordinance or law coverage to your property insurance, which will pay for the increased costs of rebuilding to meet current building codes. Many homebuilders only discover they’re not fully covered until after an incident occurs, and then it’s too late to top up your insurance.

If you’re in a similar situation to Cohn, keep in mind that the municipality and your insurer aren’t necessarily operating on the same timeline. And they’re not necessarily going to communicate with each other to manage the situation.

Since this process can be overwhelming, it may be worth hiring a lawyer — as early in the process as possible, before you report the claim to your insurer — who can advocate for you. For example, they can make sure all damage is documented property and negotiate on your behalf to secure the maximum payout.

It’s important to file your claim as soon as possible (since insurers need time to respond). Submit evidence, including time-stamped photos and videos of the damage, as well as a list of items that have been damaged. You can also obtain a copy of the fire damage report from the fire department.

If you’ve received a notice of demolition from the municipality and want to request an extension, submit a formal request to the local code enforcement board, explaining the cause of the delay and a timeline for completion.

A spokesperson for Tampa told Better Call Behnken that they’re committed to working with Cohn. In the meantime, Cohn’s insurance company, Slide Insurance, has completed its investigation, determining the home to be a total loss (1).

Article sources

We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.

WFLA (1); Gonzalez & Cartwright, P.A. (2); West Virginia University (3)

You May Also Like

Share this:
Vawn Himmelsbach Contributor

Vawn Himmelsbach is a veteran journalist who has been covering tech, business, finance and travel for the past three decades. Her work has been featured in publications such as The Globe and Mail, Toronto Star, National Post, Metro News, Canadian Geographic, Zoomer, CAA Magazine, Travelweek, Explore Magazine, Flare and Consumer Reports, to name a few.

more from Vawn Himmelsbach

Explore the latest

Disclaimer

The content provided on Moneywise is information to help users become financially literate. It is neither investment, tax nor legal advice, is not intended to be relied upon as a forecast, research or investment advice, and is not a recommendation, offer or solicitation to buy or sell any securities, enter into any loan, mortgage or insurance agreements or to adopt any investment strategy. Tax, investment and all other decisions should be made, as appropriate, only with guidance from a qualified professional. We make no representation or warranty of any kind, either express or implied, with respect to the data provided, the timeliness thereof, the results to be obtained by the use thereof or any other matter. Advertisers are not responsible for the content of this site, including any editorials or reviews that may appear on this site. For complete and current information on any advertiser product, please visit their website.

†Terms and Conditions apply.