09/09/2026
Claim Denied: Wear & Tear”?
Here is what insurance companies are not telling you.
When severe storm winds rip through Florida, insurers often rely on one specific phrase to avoid paying roof claims: “Pre-existing wear and tear.”
They want you to think a denial letter is the final word.
Here is how a Florida property insurance attorney can help:
1. Review the insurer’s reasoning
An attorney can examine the denial letter, policy language, inspection findings, estimates, photographs, and other evidence to determine whether the insurer properly evaluated the claim.
2. Bring in independent experts when needed
Engineers, meteorologists, contractors, and other professionals may help evaluate whether storm conditions and physical evidence support a wind-related loss.
3. Challenge improperly applied exclusions
Insurance companies may rely on exclusions for wear and tear, deterioration, faulty installation, or pre-existing damage. Those exclusions still have to be applied correctly to the facts and policy language.
4. Pursue the available legal remedies
Depending on the circumstances, an attorney may challenge the denial, submit additional evidence, comply with Florida’s pre-suit requirements, and pursue litigation when necessary.
5. Use formal discovery if a lawsuit becomes necessary
Litigation can provide tools for obtaining relevant documents, testimony, expert evidence, and other information concerning the insurer’s coverage decision.
A denial letter is the insurance company’s position. It is not necessarily the final outcome of the claim.
If your Florida property insurance claim was denied because of alleged wear and tear, Williams Law Association, P.A. can review the denial and help determine whether the insurer’s decision should be challenged.
FloridaHomeowner