Melbourne, Florida · Serving clients statewide

Monday to Friday, 8:00 AM to 4:00 PM  ·  Free consultation

Michael P. Sapourn, JD, CIC, CRM

Insurance Q&A

Your technical insurance questions, answered

Real questions from policyholders, answered by Mike. Have one of your own? Send it in.

Can my homeowners insurance company say that the hail damage to my roof is cosmetic, or wear and tear, and therefore not covered?

They can say that, but it isn't necessarily true. To be sure, please call me to discuss the specifics of your situation.

Can my insurance company insist on using their contractors to repair damage to my home?

Depending on the policy, possibly yes. Many homeowners policies include a Loss Settlement Option that allows the company to make those repairs. That said, it's likely they won't capture the entire scope of work required to repair the damage, including things like mold remediation, or the difference between cleaning a tile floor or furniture as opposed to replacing those items. If you have this situation, call me to discuss.

Does my business interruption coverage cover income lost to government-mandated shutdowns, such as during the coronavirus pandemic?

Most likely not. Commercial property policies typically pay for direct physical loss to covered property from a covered cause of loss, for example a fire that destroys your premises. The insurance industry's position is that a mandated shutdown is not a direct physical loss, and many commercial property policies also have specific exclusions for virus and bacteria-related claims. If you are unsure how your policy reads, call to discuss it.

Do I have a liability exposure if a worker or customer catches a virus at my business?

Possibly, if they can prove you were negligent, for example by not closing or disinfecting the premises when you knew there was an issue, and they can link their illness to that negligence. Workers should be covered by a valid workers compensation policy, many liability policies exclude transmission of viruses and bacteria, and proving exactly how someone was infected is difficult.

Talk to a lawyer who knows how insurers think.

Tell Mike what happened with your claim or your agent. The first consultation is free, and you will speak with him directly.