A fire can be one of the most devastating losses a homeowner or business owner will ever experience. Beyond the immediate structural destruction, fire and smoke damage often affects an entire property in ways that aren’t fully visible at first inspection — embedded smoke odors, soot deposits in HVAC systems, heat damage to structural components, and contamination of personal property throughout the building. Beyond the property damage itself, fires often destroy what can’t be replaced — family photos, wedding albums, letters, art, and other personal items with meaning far beyond their dollar value.
Haahr Law Group has firsthand experience with how insurance companies investigate fire losses — and, too often, how they use that investigation to minimize or avoid paying what’s owed. While you’re coping with a devastating loss, you should expect your insurer to also investigate whether the fire may have been arson — the primary defense insurers can raise to deny a fire claim. Insurers frequently hire a cause-and-origin expert before an adjuster ever inspects the damage, ostensibly to determine the fire’s cause — but often to lay the groundwork for an arson defense.
Common Issues You May Face During a Fire Loss Investigation
- Failure to timely and thoroughly investigate the claim
- Delays in determining and paying damages
- Undervaluation of the loss
- Allegations or insinuations of arson or fraud
- Recorded statements and examinations under oath
- Lowball settlement offers and disputes over valuation
- Disputes over structural damage to block, concrete, or foundation elements
- Failure to recognize a total loss and pay full policy limits under Florida’s Valued Policy Law (Fla. Stat. § 627.702)
Smoke Damage
Every fire brings significant smoke damage — and smoke damage disputes are common in fire claims. Soot, charring, and smoke odor in walls, ceilings, carpets, draperies, and furnishings are notoriously difficult to fully clean or remove. When items can’t be completely restored, insurers often resist paying for their removal and replacement — a fight we regularly help policyholders win.
Structural Damage
Intense heat can compromise the load-bearing capacity of a structure — and while fire damage to wood is usually visible, damage to brick, block, and concrete is often harder to detect. These materials can suffer thermal shock, cracking, or reduced strength even when the damage isn’t obvious to the untrained eye — for example, changes in mortar color can indicate how hot a fire actually burned.
Insurers frequently decline to hire qualified engineers, or refuse to pay for proper structural testing, to avoid identifying damage that could turn a repair into a total loss. Haahr Law Group works with policyholders to push back on incomplete investigations and ensure structural damage is properly assessed — so you can rebuild with confidence.
Frequently Asked Questions
Does homeowners insurance cover fire and smoke damage?
Homeowners insurance generally covers damage caused by fire, subject to the terms, exclusions, deductibles, and limits of the policy. Smoke and soot can also cause damage well beyond the area directly affected by the fire.
Disputes may arise over the extent and cost of repairs, smoke and odor remediation, damaged contents, and structural damage.
If a covered peril causes a total loss of an insured building or structure, Florida’s Valued Policy Law may affect the amount the insurer is required to pay. See Fla. Stat. § 627.702. The application of the law depends on the cause of the loss and the circumstances of the claim.
What should I do immediately after my property is damaged?
First, make sure everyone is safe. Then take reasonable steps, when it is safe to do so, to protect the property from further damage, such as covering a damaged roof or stopping the source of a water leak. Photograph and video the damage before cleaning up or moving damaged property when possible, keep receipts for emergency repairs and related expenses, and report the loss to your insurance company promptly.
Review your policy for its notice, mitigation, and cooperation requirements, and do not sign documents you do not understand.
What is an examination under oath (EUO)?
An examination under oath is formal, sworn, recorded questioning, usually by an attorney for the insurer. Many policies make it a condition of coverage, and the insurer may ask for documents. Failing to comply can lead to a denial, so prepare carefully and consider having an attorney with you.
What if my insurance company paid me less than it will cost to repair my property?
A payment is not final just because a check was issued. Underpayments often come from a low estimate, damage the adjuster missed, depreciation withheld from the payment, or a disagreement over what caused the damage. Gather your policy, the insurer’s estimate, contractor estimates, photographs, and your emails and letters with the insurer. If you find more damage later, it may be a supplemental claim, which has its own deadline (see the filing deadlines in our FAQs). An attorney can compare the insurer’s estimate with the real cost of repair.
How much does it cost to hire a property insurance attorney?
We handle property insurance claims on a contingency fee basis. This means you do not pay attorney’s fees upfront. We advance the costs of pursuing your claim, and we are paid only if we obtain a recovery for you.
If we recover money on your behalf, our attorney’s fee is a percentage of the recovery, and our fee and case costs are paid from the recovery in accordance with the written contingency fee agreement. If we do not obtain a recovery for you, you owe us nothing.
We do not charge a fee or deduct costs from insurance payments you received before hiring our firm.
Your initial consultation is free. Before you decide to hire us, we will explain the contingency fee agreement, including how attorney’s fees and costs are calculated. Contact us or call 727.896.7777 for a free consultation.
Have a Pending or Denied Fire or Smoke Damage Claim?
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