Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end category 4 hurricane early on September 28, 2022 and made landfall later that afternoon.
The areas where Ian made landfall will likely have little potential for subrogation. There will, however, be opportunities for subrogation along the storm’s path across the state of Florida. Ian tracked across the entire state of Florida (and beyond), leaving extensive property damage in its wake.
Hurricane Andrew in 1992 revealed many weaknesses in the building code applicable to Florida construction. After 1992, the state’s minimum building codes began to change, and in 2002, the first edition of the Florida Building Code was released. Since 2002, the Florida Building Code has continued to evolve, and as currently drafted is designed for construction to withstand certain expected weather related events.
It is the Florida Building Code that will drive many post-hurricane subrogation cases in Florida.
Here are some tips for subrogation professionals analyzing subrogation potential associated with Ian property damage claims in Florida. When analyzing subrogation potential following a hurricane, there are a few key items you will want to have at your fingertips.