A fire changes everything at once. You may be out of the home that night, dealing with the fire department, the mortgage company, and the insurer while trying to find a place to stay. Even a small kitchen or electrical fire can leave soot through the HVAC system, smoke odor in every closet, and water damage from the hoses. In a condo, a fire in another unit can leave your unit with smoke and water damage you did nothing to cause.
Fire claims raise their own disputes. The insurer may question the cause, investigate whether the fire was accidental, ask for a recorded statement or an examination under oath, and argue over whether smoke-damaged contents and finishes can be cleaned or must be replaced. A careful record, started early, makes those disputes manageable.
1. Get the fire department report and the investigator's names
Ask the responding fire department for the incident report number and how to request the report. Write down the names of any fire investigator, fire marshal, or law enforcement officer who came to the scene. If the cause is listed as undetermined or under investigation, ask when a final report will be issued. Do not speculate about the cause to the insurer or anyone else. Tell the truth about what you saw, and leave the cause to the investigators.
2. Secure the property and preserve the scene
Arrange board-up and fencing to keep out weather and intruders, and keep the receipts. Most policies require reasonable steps to protect the property. Unless safety requires it, avoid demolishing or discarding anything until the insurer has had a chance to inspect, especially the area where the fire started. If an appliance, outlet, or device may have caused the fire, keep it. A product or installation defect can create a separate claim against a manufacturer or contractor, and that claim depends on the physical evidence.
3. Track every living expense from the first night
If you cannot live in the home, additional living expense coverage, sometimes called loss of use, may pay the increase in your costs. Keep hotel bills, rental agreements, restaurant receipts, laundry costs, extra mileage, and pet boarding invoices. Write down your normal monthly costs before the fire so the increase is easy to show. Ask the insurer in writing what it will pay for and for how long.
4. Build a room-by-room contents inventory
The contents claim is usually the most time-consuming part of a fire claim. Go room by room and list each item, its approximate age, where and when it was bought, and what it costs to replace today. Use photographs and videos from your phone, social media, receipts, credit card statements, and online order histories to rebuild the list. Photograph damaged items before they are packed out or discarded, and keep a copy of any pack-out inventory the restoration company prepares.
5. Test for smoke and soot instead of guessing
Smoke residue can travel through ductwork, wall cavities, and attics well beyond the burned area. An industrial hygienist or qualified restoration professional can test surfaces and air and recommend whether materials can be cleaned or must be replaced. Ask for the written protocol and the lab results. Testing gives you something more than opinion when the insurer says a cleaning will do.
6. Prepare for the recorded statement or examination under oath
Fire policies commonly require the insured to give a recorded statement, sit for an examination under oath, and produce documents such as bank records, receipts, and tax returns. Read the policy's duties after loss. These conditions are serious, and a failure to comply can jeopardize the claim. Speak with a lawyer before an examination under oath.
7. Watch the names on the check
If you have a mortgage, the insurer will often name the lender on the payment. Florida's Homeowner Claims Bill of Rights notes that claim payment is subject to any dual interest noted in the policy (§ 627.7142, Fla. Stat.). Contact the lender early to learn how it releases repair funds.
The Florida rules that matter on a fire claim
Total loss of the building. Florida's valued policy law provides that when a covered peril causes a total loss to a Florida building or structure, the insurer's liability is generally the amount for which the property was insured as stated in the policy, if the premium was charged and paid. The statute has exceptions, including losses caused partly by a peril that is not covered, and it does not apply to personal property (§ 627.702). Read it together with your policy.
Partial fire losses. For a partial loss caused only by fire or lightning, the insurer pays the actual loss, up to the policy amount for that property (§ 627.702(2)).
Replacement cost payment. Under a homeowners replacement cost policy, the insurer "must initially pay at least the actual cash value of the insured loss," less the deductible, and pays the rest as the work is performed. For a total loss of the dwelling, the insurer must pay replacement cost "without reservation or holdback of any depreciation in value" (§ 627.7011(3)).
Notice and claim timelines. Notice of the claim is barred unless given "within 1 year after the date of loss," and a supplemental claim within 18 months (§ 627.70132(2)). The insurer generally must acknowledge your communications within 7 calendar days, inspect within 30 days after receiving proof-of-loss statements, and pay or deny within 60 days after notice, with a reasonable written explanation of any partial payment or denial (§ 627.70131(1), (3), (7)).
Public adjusters. If you hire a public adjuster, Florida requires a written contract, caps the fee at 20 percent of claim payments, or 10 percent during the year after a declared emergency, excludes deductibles from the fee, and gives you a right to cancel within the statutory period (§ 626.854(6), (7), (11)).
Suit. A lawsuit requires written presuit notice at least 10 business days before filing (§ 627.70152(3)) and must be brought within 5 years from the date of loss (§ 95.11(2)(e)).
“must initially pay at least the actual cash value of the insured loss,”
§ 627.7011(3)
“within 1 year after the date of loss,”
§ 627.70132(2)
Your checklist
- Get the fire report number and the names of every investigator.
- Board up the property and keep anything that may have caused the fire.
- Save every receipt for hotels, meals, and other added living costs.
- Build a room-by-room contents inventory with photos and purchase records.
- Get written smoke and soot testing before agreeing to a cleaning-only scope.
- Read the policy's duties after loss, and talk to a lawyer before an examination under oath.
- Call your mortgage lender about how repair funds will be released.
How we handle these cases
Fire claims have many moving parts: the cause investigation, the structure, the contents, living expenses, and the lender. We organize all of them, prepare our clients for statements and examinations, and work with restoration professionals, industrial hygienists, and engineers to document the full scope of the loss. We represent homeowners and condo owners throughout Florida. Meetings are by appointment only. Call 305-748-3789 to talk about your fire claim.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.