Now, after Hurricane Irma, the cleanup — and the insuranceclaims process — begins.

The first 30 to 60 days post-storm are critical in ensuringcoverage for your property damage and business interruption lossesafter the storm.

Below, we first provide a checklist to guide both commercial andindividual insureds in the first few weeks after the storm. Then,we address the key commercial coverages that business insureds mayhave to help them recover from lost business income post-storm.

Hurricane Irma claims checklist

As soon as it is possible to do so, both individual and businessinsureds should take the following steps to maximize coverage fortheir Hurricane Irma claims.

• Evaluate and document the damage. Takephotographs of the exterior and interior of property, includingpersonal property. This is important to support your claim and toavoid any dispute with your insurer over what was damaged by thestorm and the condition of the property post-storm and beforemitigation efforts.

• Locate policies. Gather all potentiallyapplicable insurance policies (wind-only, flood, property). Callyour insurance agent or insurer if you are having trouble findingyour policy. As we discussed in our article last week, whileFlorida law requires residential property insurers to offercoverage for windstorms resulting from hurricanes, commercialnonresidential property insurers are not required to providecoverage for windstorm damage. Thus, Hurricane Irma damage mayimplicate multiple separate policy forms. Locate and review yourproperty policy, wind-only policy (if applicable) and floodpolicy.

• Provide prompt written notice to eachinsurer. It is extremely important to provide writtennotice to your insurance agent and insurance company as soon aspossible post-storm. Policies typically require "prompt notice" or"notice as soon as practicable" and Florida courts have routinelyupheld these provisions, oftentimes affirming coverage denialswhere insureds fail to provide prompt notice after discoveringdamage. At a minimum, provide written notice of damage to allpotentially applicable insurers (windstorm, flood, property) evenif you are unsure whether or not your losses will exceed yourdeductible. It's better to ensure a timely submission now ratherthan risk a coverage denial based on late notice when you laterdetermine the damage you thought was within your deductible wasactually far more significant and costly. Your written noticeshould include: name and contact information for the insured, thelocation of the loss/damage, the date and time that the damageoccurred and a brief description of the loss.

• Take steps to mitigate the damage. Yourpolicy likely covers expenses incurred in taking preventativemeasures to avoid further loss post-Irma, such as boarding upbroken windows. Indeed, the applicable policies will require thatyou take action to mitigate existing damage and prevent any furtherdamage to the property. Nonetheless, it is important to run anymitigation plans by your insurer after filing your claim to makesure that your efforts will not interfere with their investigationof the damage. Requesting insurer consent to estimated costs ofmitigation efforts now will also expedite your reimbursement ofthese costs during the claims process.

• Debris removal costs are likelycovered. Your policy likely covers costs incurred inremoving debris from your policy. This coverage is usually statedas a percentage of your total limits. Importantly, this coveragemay have a different reporting deadline than other policycoverages, such as 90 or 180 days after the loss.

• Be cognizant of proof of lossdeadlines. Check the proof of loss deadlines in eachpotentially applicable policy. If the deadline is short (120 daysor less), considering asking your insurer now, in writing, for anextension of that deadline, and preserve evidence of that request.Note, however, that your deadline will not be extended unless youreceive written confirmation of the extension from yourinsurer.

In this Sept. 11, 2017 file photo, Elida Dimas looks atfloodwaters from her porch, in the aftermath of Hurricane Irma, inImmokalee, Fla. Irma badly damaged Dimas' mobile home and destroyedanother she and her husband used for rental income, making theirtough life even harder. (AP Photo/Gerald Herbert)

• Prepare a proof of loss. The proof of loss isa document that identifies the property damaged and documents allamounts incurred. Oftentimes the proof of claim or proof of losswill include items like before and after photographs, receipts,invoices, quotes and other records. Be sure to check with yourinsurance company about the specific information needed as well asthe applicable deadline for submitting the proof of loss. Asdiscussed above, consider requesting an extension of this deadlinein writing.

• Be cognizant of your duties under the policy.Property insurers are entitled to conduct a reasonableinvestigation of the loss with the cooperation of the insured. Mostpolicies will include a section titled "Duties in the Event ofLoss," outlining the insured's cooperation requirements such aspermitting the insurer to conduct an "examination under oath"(EUO), requiring that the insured provide certain documents ormaintenance records, or allowing the insurer to inspect theproperty. Insureds should consider consulting knowledgeablecoverage counsel to help guide them through what the policy doesand does not require of them, as well as guiding them through theclaims process.

Coverage for lost business income for commercialinsureds

Beyond the damage to insured property caused by Hurricane Irma,business insureds face lost earnings in the time it takes to repairand remediate this property damage or even to simply regain accessto the affected area. Fortunately, your policy may include businessinterruption insurance coverage that is designed to specificallyaddress these loss scenarios. This coverage is designed to coverlost income or profits caused by the interruption of businessactivities due to physical damage to property.

Business interruption and related coverage endorsements maycover loss resulting from an inability to open for business;reduction in business income when the business remains open butcannot operate at full capacity; loss resulting from civilauthority orders barring access to an insured business; and lossresulting from physical impediments to accessing the insuredbusiness, such as flooded roads. In addition, these policies mayinclude coverage for lost income due to service and utility outageseffecting business interruptions — an important coverage in lightof the current power outage estimates.

Related: How businesses can minimize the impact of Harvey’sservice interruptions

Importantly, the damage necessary to trigger these coveragesneed not be to your insured property — it may be enough that thedamage occurred at the property of a key vendor or supplier, orsimply in the vicinity of the business, so long as it results inlost earnings to you. This type of coverage, known as "contingentbusiness interruption" does, however, require that the physicaldamage be of the type covered under the applicable policy.

Contingent business interruption coverage may include theloss of key components in the company's or retail outlet's supplyor distribution chain and the inability to ship goods into or outof a retail facility, warehouse or other location necessary to theoperation of the business or retail outlet.

'As soon as practicable'

It's crucial for commercial insureds to act now to ensure thattheir claims for loss of business income and otherbusiness-interruption losses are honored and paid in full by theirinsurers. Like the coverages discussed above, business-interruptioncoverage typically requires that notice of a claim be made "as soonas practicable," and also typically have strict deadlines withinwhich proofs of loss must be submitted.

A failure to comply with these deadlines may bar coverage. Tomaximize the value of their business-interruption claims,commercial insureds should thus immediately provide written noticeof business-interruption losses, whether they are losses for a fullshutdown, a partial shutdown or a break in the supply chain orvendor's damage.

Florida insureds should take the steps outlined above andconsult experienced insurance coverage counsel to help guide themthrough the claims process. Businesses may also need to considerretaining experienced accounting firms to help quantify and bestpresent these losses to the insurer.

For all Florida insureds, quick action now will help ensure thatyou receive the full benefit of coverage from your policies — thebenefit that you bargained for.

Walter J. Andrews ([email protected]) is a partnerin Hunton & Williams LLP's Miami office and head of the firm'sinsurance coverage practice. Andrea DeField ([email protected]) isan associate in the firm's Miami office and a member of the firm'sinsurance coverage practice.