Commercial & Large-Loss Insurance Claims
When a storm, fire, or system failure shuts down a building, the stakes are bigger than drywall and shingles—they’re rent rolls, payroll, vendor contracts, and the clock on your cash flow. Payne Law represents business owners, HOAs/condos, landlords, and property managers across Florida, Georgia, Colorado, North Carolina, South Carolina, and Texas in complex commercial property and large-loss claims. We document the full scope of physical damage, prove Business Interruption (BI) and Extra Expense (EE), and challenge denied, delayed, or underpaid claims so operations resume quickly and the recovery you’re owed actually arrives.
What Counts As A “Large Loss”
“Large loss” doesn’t have a universal dollar amount. It’s a claim where damage spans multiple systems or structures, where downtime threatens revenue, or where code, financing, or occupancy conditions complicate repairs. Think roof system failures on multi-building communities, warehouse smoke events, hotel water incursions across stacked risers, wind or hail across multi-acre flat roofs, or kitchen fires that trigger health-department closures. These claims require coordinated inspections, careful sequencing of mitigation and build-back, and airtight documentation of physical loss and time-element loss.
Why Hire A Commercial Insurance Lawyer
- Commercial policies are dense: multiple coverages, endorsements, sublimits, deductibles, and interlocking conditions. Carriers frequently dispute causation (“wear and tear,” “cosmetic only”), downplay code requirements, or narrow BI to a fraction of real downtime. We translate building science and books-and-records into coverage arguments adjusters must engage. Our team:
- Builds causation and scope with roof and envelope forensics, moisture mapping, engineer/contractor opinions, and manufacturer specs for TPO/EPDM or modified bitumen systems.
- Quantifies BI and EE with forensic accounting—pulling POS exports, rent rolls, tax returns, payroll, vendor invoices, and seasonality to model a defensible loss period.
- Navigates policy conditions—prompt notice, proof of loss, recorded statements/EUOs—without risking coverage.
- Escalates efficiently—reinspection, supplements, appraisal or mediation, and litigation; we pursue bad-faith remedies where the law allows.
- The result is a file that tells a compelling story: what broke, why it’s covered, what it costs to fix to code, and what the shutdown truly cost the business.
Coverage That Often Moves The Needle
Commercial property forms vary, but the same pressure points surface again and again. Ordinance or Law pays for code-required upgrades such as additional insulation, edge metal, ventilation, or ADA-driven build-backs; it’s commonly under-scoped. Debris removal and pollutant cleanup matter after fire and smoke. Time-element coverages—Business Interruption, Extra Expense, Civil Authority, Ingress/Egress, and sometimes Contingent BI (supplier/customer premises damaged elsewhere)—can bridge the gap between “open for business” and “open profitably.” We also separate wind versus flood when storms are involved, and we verify how deductibles are triggered—wind, named storm, or percentage deductibles can be misapplied.
- Deep experience with Commercial & Large Loss disputes
- Clear updates and a straightforward game plan
- We negotiate hard; then litigate when needed
- Serving homeowners, businesses, and HOAs across Florida
These testimonials and case results do not guarantee similar outcomes. Every case is unique and depends on the specific facts and circumstances involved.
Typical Commercial & Community Claims
Across our states, we routinely handle hurricane and straight-line wind, hail, fire and smoke, water discharges and sprinkler releases, freeze/ice-dam losses, lightning and power surge, and vandalism or theft. In HOAs and condos, we keep multi-building scopes consistent and clarify master policy vs. HO-6 responsibilities so common-area restoration and unit interiors move in parallel. For leased spaces, we untangle tenant-improvement obligations among landlord, tenant, and the policy so there’s no stalemate while rent and CAMs keep accruing.
Roof Systems: More Than “Patch And Go”
From shopping centers and schools to distribution facilities and garden-style communities, flat and low-slope roofs demand manufacturer-compliant solutions. TPO and EPDM seams, punctures, and wet insulation rarely end in a lasting patch once moisture has migrated; modified bitumen and BUR introduce different fastening and flashing issues; metal systems complicate with fastener back-out and panel deformation. We align the field conditions with manufacturer bulletins and code so your replacement scope survives adjuster pushback and future warranty scrutiny.
Business Interruption Done Right
BI isn’t a guess—it’s a model. We measure the period of restoration, normalize revenue for seasonality and market trends, and isolate loss drivers (closed rooms, blocked ingress/egress, damaged equipment). Restaurants, hotels, and medical offices often have extra expense that keeps partial operations alive—temporary kitchens, alternate locations, overtime labor. For landlords and associations, we track lost rents, credits, and special assessments tied to deductibles and reserves. Carriers expect clean books and records; we prepare them so the conversation is about math, not speculation.
Mistakes That Hurt Large-Loss Claims
The most expensive errors usually happen early: relying on a single “emergency” vendor to dictate scope, performing unapproved permanent repairs that confuse causation, failing to document mitigation, or accepting partial payments that waive rights. Another common miss is ignoring code upgrades and matching issues in the rush to reopen. We come in early to set the plan: secure, stabilize, document, scope, and then negotiate with leverage.
Our Process, Start To Finish
We begin with a rapid evidence sweep—site inspection, photo and drone sets, moisture readings, and a policy review focused on coverages and conditions. Next, we deploy the right experts and assemble a line-by-line scope that includes interior build-back, mechanical/electrical checks, and code. In parallel, we collect financials and build a BI/EE model that can survive scrutiny. We then present a comprehensive demand and keep pressure on timelines. If cooperation stalls, we move to appraisal or mediation, and we litigate when that’s what it takes to get a fair result.
Industries We Serve
We regularly represent retail centers and restaurants, hotels and short-term rental portfolios, warehouses and light industrial, medical and professional offices, houses of worship, charter schools and daycares, self-storage, and multi-family/HOA communities. Each vertical has its own regulatory and operational realities; our strategies account for health-department rules, life-safety inspections, lender approvals, and occupancy certificates so your reopening is compliant—not just quick.
Multi-State Experience, Local Execution
In the Southeast, we see hurricane and straight-line wind claims where matching and Ordinance or Law drive roof replacements and exterior work. In Colorado, hail often rides with wind and demands careful separation of perils; flat-roof membranes and skylight/HVAC curb assemblies dominate the scope. No matter the state, we combine local contractor networks with independent experts and a litigation strategy tuned to the venue.
Before You Sign or Settle, Talk to Payne Law
Insurers and opposing parties move fast after a loss or injury; your best leverage is getting a lawyer involved early. Payne Law builds strong, evidence-driven files, protects critical deadlines, and negotiates from a position of proof, not pressure. A quick consult can uncover coverage you didn’t know you had, fix scope or valuation issues, and help you avoid low offers.
- Local-focused strategy across insurance and injury claims, local carriers, courts, and building/code requirements.
- Evidence-first case building (experts, reports, photos, records) to connect damages to covered events or liability.
- Relentless negotiation & escalation (supplements, appraisal/mediation, litigation when needed).
- Maximized recovery modeling for all categories of loss (property, ALE/LOU, medical bills, lost wages, pain and suffering).
- Responsive communication for fast intake, text/email updates.
Start your free case review today. Tell us what happened, upload a few photos or documents, and a Payne Law attorney will follow up promptly.
Commercial & Large Loss Insurance Claim Frequently Asked Questions
Every case is different; the best answers come from looking at your facts, documents, and deadlines. Contact Payne Law for a free, no-obligation review and clear next steps.
What documents do I need to start a commercial property claim?
Begin with the policy (including endorsements), any leases or management agreements, mitigation invoices, photo/video sets, prior maintenance records, and for time-element loss: monthly P&Ls, POS exports or rent rolls, payroll summaries, and tax returns. Organized books and records speed payment and prevent the carrier from using “lack of documentation” to slow the file.
How is Business Interruption calculated?
BI measures the net income you would have earned but for the shutdown plus continuing normal operating expenses. We define the period of restoration, adjust for seasonality and trend, and exclude unrelated downturns. Proof comes from your own numbers—P&Ls, sales reports, payroll—and a narrative that ties the loss of revenue to physical damage, civil authority, or ingress/egress limits.
The carrier wants to repair sections of our TPO roof. Do we have to accept that?
Not if repairs won’t restore the system’s water-shedding function, warranty, or code compliance. Wet insulation, seam failures, and widespread punctures often move a claim from spot repairs to full-system replacement. We align field findings with manufacturer requirements and building code so the scope reflects what’s necessary—not just the cheapest patch.
Who pays for code upgrades and ADA compliance?
If your policy includes Ordinance or Law, the carrier may owe for code-driven upgrades needed to lawfully rebuild—ventilation, energy-code insulation, edge metal, life-safety, ADA entries and bathrooms. Sublimits and conditions apply; we document which items are required versus optional and make sure they are priced correctly.
Can a landlord and tenant both have claims for the same loss?
Yes. Landlords typically pursue building repairs under the property form; tenants may claim tenant improvements, contents, and BI/EE under their own policies. Leases often allocate responsibilities and insurance requirements. We coordinate so scopes don’t conflict and dollars aren’t left on the table.
What if the insurer is delaying or lowballing our claim?
We push the file forward with supplements, deadlines, and, where available, appraisal or mediation. If conduct crosses into unreasonable delay, misrepresentation, or failure to investigate, we pursue remedies under your state’s bad-faith laws. The best leverage is a litigation-ready file: causation proven, scope complete, and BI/EE modeled.
