LARRY MOSKOWITZ
Guest Writer
info@windylaw.com
Collectively, property owners in Sarasota and its barrier islands are no sooner
sorting out the damage and destruction from last year’s storms than having to face the fast-approaching 2025 storm season. Some are still fighting claims and dealing with reconstruction, new construction or relocation.
We see in the news issues with the speed of permits being processed, we hear of staggering reserves and assessments and many have had to struggle to try and reach that nebulous goal of becoming “whole” again after tremendous loss.
Longboat Key News spoke with attorney Larry Moskowitz, founding partner at WindyLaw.com, about his 20 years of dealing with these exact situations and what has made the most recent storms difficult for our region.
Moskowitz has nearly over two decades in the very specific field of property damage and loss. His legal team has handled thousands of civil cases, conducted over 150 jury trials to verdict and has extensive experience handling and litigating property damage claims and business interruption claims resulting from catastrophic storms. Here is what Larry had to say:
Now that we’re nearly nine months out from Hurricanes Helene and Milton — what are some of the biggest pitfalls property owners are still facing in the aftermath?
Under Florida law, insurance carriers have sixty days to either pay, deny, or underpay a claim. However, many carriers routinely sidestep this requirement by employing delay tactics — such as repeatedly requesting documentation from policyholders over extended periods without issuing a decision or payment. This can drag on for months, during which time key evidence may degrade, and witnesses’ memories may fade. While cooperation is important, policyholders should be cautious about ongoing delays. If nine months have passed and your claim remains unresolved or unpaid to your satisfaction, it may be a sign that your insurer is not acting in good faith.
What are some of the common insurance practices you are seeing?
Following major storms — whether classified as tropical storms or hurricanes — it’s common to see insurance companies attribute damage to flooding rather than wind. This distinction is crucial, as flood damage is often excluded from standard homeowners’ policies. In many cases, insurers quickly bring in engineers who frequently work on their behalf to support this position, leading to denials or reduced payouts. Homeowners often assume that an engineer’s visit is a positive step, but it can signal the start of a dispute. Too often, policyholders wait until they’re deep into the claims process — after delays, silence, or a denial — before seeking competent legal representation. By then, critical deadlines set by the homeowner’s insurance policy — along with valuable time and evidence — may already have been lost.
As we enter another hurricane season, what steps should homeowners be taking now to prepare — and if a storm does hit, what should they do in the immediate aftermath before reaching out to their insurance company?
Before storm season begins, homeowners should take time to thoroughly document the condition of their property. This includes photos and videos of both the exterior — particularly the roof, windows, and doors — and the interior, including furnishings and valuables. It’s a simple step that can make a significant difference if a claim becomes necessary.
It’s also wise to keep both a printed copy and a digital version of your insurance policy on hand. If evacuation becomes necessary, internet access may be limited, so having a physical copy available can be critical.
After a storm, homeowners should again document the condition of their property, capturing all visible damage through photos and video. This ‘before and after’ comparison can serve as powerful evidence during the claims process. It’s also important to have your insurance policy ready, along with receipts for any repairs, prior inspection reports, and mortgage information — since many policies list the mortgage company as an additional insured. The more organized and thorough you are, the better positioned you’ll be to navigate any claim.
What is the insurance company’s obligation, and how can it vary?
An insurance policy is a contract — one that carries obligations for both the policyholder and the insurance company. The homeowner agrees to pay a premium, and in return, the insurer is expected to pay for losses that fall within the terms of the policy.
In Florida, most homeowners’ policies are written as ‘all-risk’ or ‘open peril’ policies. This means that unless the policy specifically excludes a type of damage, it should be covered — as long as the damage occurred during the coverage period.
However, in recent years, there has been a steady shift toward policies with more exclusions and limitations. As a result, coverage has become narrower, and the language more complex. This shift has created confusion for many policyholders, who often struggle to understand what is actually covered and what isn’t. The reality is that today’s insurance policies are far more difficult for the average homeowner to interpret without professional help.
What are some issues with permitting and right to rebuild when it comes to dealing with local municipalities?
When dealing with property damage claims, one often-overlooked issue is how current building codes and local municipal regulations may affect your right to rebuild. In many cases, if you need to repair or reconstruct your home, you’ll be required to comply with updated codes — whether they’re local, state, or even federal (such as FEMA requirements).
Most insurance policies offer what’s known as ‘law and ordinance coverage,’ which helps cover the additional costs that come with these mandatory code upgrades. This coverage is especially important for older homes that were built under outdated standards.
Homeowners should carefully review whether their policy includes this protection. And in the aftermath of a storm, it’s critical to assess how any changes in building laws or municipal permitting requirements might impact the overall cost of repairs. These factors can significantly influence the scope and timeline of the rebuilding process.
Can you explain what the Fifty Percent rule is and how it’s being applied in practice? Are there differences in how various communities interpret or enforce this rule during the rebuilding process?
The ‘Fifty Percent rule’ refers to a regulation that requires a property to be brought up to current building codes if the cost to repair or rebuild it exceeds 50% of the home’s market value. On its face, the rule sounds simple — but in reality, it’s far more complex.
The rule is governed by a combination of federal, state, and local laws, and how it’s applied can vary depending on the municipality. Navigating it often requires the input of multiple professionals, including property damage attorneys, contractors, architects and engineers.
In most cases, the rule comes into play during the permitting process with local building departments. However, it’s something homeowners should keep in mind much earlier — particularly when negotiating a settlement with their insurance carrier. Overlooking it can lead to significant surprises in cost and compliance down the line.
How do you advise clients going forward, looking to future storms?
The most important advice I give clients at the start of hurricane season is to be proactive — and that starts with understanding what your insurance policy actually covers. Too often, homeowners assume they’re protected, only to find out after a storm that key damages aren’t included or are subject to significant exclusions.
Reviewing your policy before the storm season begins can make a major difference. Look at your deductibles, especially for hurricane or windstorm events, and make sure you understand the limits of coverage, including personal property, additional living expenses, and law and ordinance provisions.
I also encourage clients to ask questions — of their insurance agent, or a legal professional if needed — and to keep thorough records. Having digital and physical copies of your policy, updated photos and videos of your property, and an emergency plan in place puts you in a much stronger position if disaster strikes.
Preparedness isn’t just about boarding up windows — it’s also about knowing your rights and responsibilities before a claim ever needs to be filed
Larry Moskowitz is an attorney specializing in Property Damage claims, with offices in Florida, Texas, and North Carolina, serving clients nationwide. If you have questions about this article or any property damage issues, you can reach him at info@WindyLaw.com.
