Legal Question in Insurance Law in Florida

Homeowner legal responsibility to report loss
I live in So. Florida and was affected greatly by hurricane Wilma. The screen enclosure for my pool was completely destroyed during the storm. My homeowners policy paid for most of the damage but the deductable is substantial, and needed for repairs. It appears that my screen enclosure would have withstood the storm, except for the fact that my neighbor's trees which were planted very close to the zero lot line of my home, knocked down my fence, and caused the screen enclosure to bend and buckle at a vertical stantcion. This caused the enclosure to collapse inward, bring down the entire structure. The trees needed to be removed from my pool along with a large amount of aluminum and screening. Some screening had been removed prior to the storm, and thereby reducing the lifting capacity of the remaining screened area. My neighbor is reluctant to notify his insurance co. concerning this loss, and is also reluctant in giving me the information to contact his insurance co. or agent. I have pictures of the before and after the storm showing the trees on top of the fence in the pool. I am not looking for total compensation, only the deductable that I need to come up with to rebuild the enclosure. What recourse do I have?

Asked on 11/30/05, 5:47 am

David Slater David P. Slater, Esq.

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Re: Homeowner legal responsibility to report loss

Unless you can prove prior complaints he has no responsibility for the hurricane.

Answered on 11/30/05, 8:52 am

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