This isn’t just a weather story. It’s a claims story.
As of mid-2025, Florida has recorded over 2,100 wildfires, scorching more than 102,000 acres — a staggering fourfold increase over the same period last year.
This isn’t just a catastrophic event. For those representing carriers in first-party property claims, it’s a fast-developing legal exposure event.
From evidentiary integrity to managing third-party vendors, legal teams are playing a bigger role in shaping how fire losses are documented, defended, and resolved. The following checklist was developed with that lens in mind — to help insurance defense counsel and legal support teams ensure claims are handled proactively and in a way that holds up under scrutiny.
Florida Wildfire Legal Support Checklist
1. Scene Access & Safety Protocols
- Confirm fire department clearance before any investigative or vendor entry.
- Ensure any early site visits by contractors or adjusters are documented and properly credentialed.
2. Preserve Evidence for Potential Litigation
- Secure photographic/video documentation of fire, smoke, and water damage from multiple sources.
- Request and preserve the fire department’s incident report.
- Flag sites that may require origin and cause evaluations or expert preservation protocols.
3. Initiate Timely Claim Action
- Push for prompt FNOL processing to avoid spoliation claims or bad faith allegations.
- Encourage carrier-side coordination with qualified estimating partners who can produce defensible scopes.
4. Triage Vendor Involvement Early
- Vet mitigation/restoration vendors to ensure they follow IICRC standards and document every action.
- In cases of potential subrogation or dispute, engage neutral consultants for peer review and scope validation.
5. Watch for Smoke & Odor Claims Inflation
- Ensure that odor control and content remediation are based on measurable protocols (ozone readings, IAQ reports).
- Monitor for overbilling or unjustified encapsulation claims that could balloon the loss.
6. Structural Assessments Must Be Clear & Code-Aligned
- Use licensed general contractors to review and document structural impact.
- Ensure repair vs. rebuild recommendations are clearly justified with code references and material analysis.
7. Support the Carrier with Documentation That Holds Up in Court
- All reports (scoping, damage assessments, repair plans) should be written in a neutral, professional tone.
- Ensure contractor or consultant reports are suitable for expert exchange, litigation, or appraisal proceedings.
8. Avoid Appraisal/Bad Faith Triggers
- Recommend structured peer reviews when facing scope disputes — preferably from parties recognized for neutrality.
- Work with expert teams who understand litigation dynamics and can serve credibly in deposition or trial, if needed.
What’s Driving the Risk?
Florida’s wildfire exposure in 2025 is being fueled by:
- The worst drought conditions in 20+ years
- Storm debris from 2023–24 acting as accelerants
- Rising temperatures and low humidity creating ignition risk statewide
Legal teams representing insurers need to stay ahead of these risks — particularly as disputes become more complex, timelines more compressed, and documentation more heavily scrutinized.
Work With Partners Who Understand the Legal Stakes
At All Claims Restoration, we’ve worked alongside legal and carrier teams for over 40 years. Our licensed contractors are trained in litigation-prepared documentation, evidentiary preservation, and expert testimony.
We routinely support legal teams with:
- Neutral scope reviews
- Expert witness reports
- Code and construction standards interpretation
- Appraisal and umpire work
- Full reconstruction and rebuild planning
Need File Support or Legal-Aligned Expertise?
We’re available for:
- A fast, neutral expert review
- Site documentation suitable for court
- A credible contractor partner who can defend their work under oath
Call All Claims Restoration — We speak the language of litigation — and we back it up with licensed, defensible expertise.
Tony Allogia
President, All Claims Consulting