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Is your Florida insurance claim being denied because of “inherent vice” or non-fortuitous damage? Learn what that means—and how to fight back.

Is That Damage Covered? Understanding Fortuity, Inherent Vice, and What It Means for Florida Insurance Claims

When your home or property suffers damage, you expect your insurance company to step in and help you recover. But what happens when they deny your claim, saying the loss wasn’t “fortuitous,” or that the damage resulted from something called “inherent vice”?

If those terms leave you scratching your head, you’re not alone. In fact, these insurance buzzwords are common tools used to deny claims—especially when homeowners don’t fully understand what they mean. And in Florida, where heat, humidity, wind, and water create perfect conditions for property damage, this confusion can cost you.

In this guide, we’ll break down what fortuity and inherent vice actually mean in a property insurance context, how they’re used in claim evaluations (and denials), and what Florida homeowners should know when navigating insurance disputes.

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What Does "Fortuitous Loss" Mean in Insurance?

"Fortuity" in insurance is basically a fancy way of saying, “something happened by accident.” For a property damage claim to be covered, the loss generally needs to be unexpected and unintended. That’s what “fortuitous” means.

Analogy: Fortuity Is Like a Sudden Rainstorm at a BBQ

Say you're hosting a backyard BBQ in Tampa. The sky's clear, but out of nowhere, a thunderstorm rolls in and ruins your patio awning. That’s a fortuitous event—you didn’t see it coming and couldn’t prevent it. Your insurance should cover it (assuming no exclusions).

Now let’s say that same awning has been deteriorating for months, and you never maintained it. One day it finally collapses due to rust. That’s not “fortuitous.” It was bound to happen—that type of slow, predictable damage is typically excluded.

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What Is "Inherent Vice"?

"Inherent vice" is an insurance term that refers to the natural tendency of a material to deteriorate over time without outside influence. Insurance policies often exclude losses that result from an item’s own characteristics.

In Florida Terms: Think Mold in a Hot Attic

Let’s say your attic doesn’t have proper ventilation. Over time, Florida’s intense heat and humid climate lead to moisture buildup, and mold starts to grow on the wooden beams. If that mold appears without an external water leak or storm damage, insurance adjusters might deny the claim due to inherent vice—in this case, poor ventilation and humidity acting on organic material like wood.

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Fortuity vs. Inherent Vice: What’s the Difference?

It’s subtle but critical. Here's a quick breakdown:

| Concept | Meaning | Covered by Insurance? | |--------|--------|------------------------| | Fortuitous | Unexpected, unforeseen event | Usually YES | | Inherent Vice | Internal tendency to deteriorate, with no external trigger | Usually NO |

Example from Florida Life:

Fortuitous loss: A hurricane tears shingles off your roof in Naples, causing rain to leak in—that’s sudden, external, and accidental.

Inherent vice: Your roof shingles become brittle over time because of sun exposure and crack on their own without any storm—that’s just wear-and-tear.

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Real-World Example: A Cracked Opal and Your Florida Roof

In a legal case discussed by attorney Chip Merlin, the Minnesota Supreme Court examined whether a crack in a gemstone (an opal) was a fortuitous loss. The insurance company claimed it was caused by an inherent vice—meaning the opal’s natural structure made it prone to cracking. The court had to decide whether the damage was sudden and accidental, or expected due to the gem's delicate nature.

Now, replace “opal” with “roof” in a Florida home.

Imagine a homeowner in Orlando files a claim because a tile roof suddenly cracks, causing water damage. The adjuster says the broken tiles were just old and naturally deteriorated—inherent vice—and denies the claim.

But what if a sudden pressure drop in weather or recent high winds caused those tiles to crack earlier than expected? That might make the damage fortuitous—and therefore, potentially covered.

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What Does This Mean for Florida Homeowners?

With our humid, storm-prone climate, Florida is a battleground for insurance claims involving damage like:

• Roof tile cracking
• Water intrusion from improperly sealed windows
• Mold growth due to moisture
• Warped flooring and drywall from slow leaks

In many of these cases, insurance carriers rely on exclusions—like inherent vice or pre-existing conditions—to deny paying out. But not every denial is justified.

Let’s explore some scenarios:

🔹 Hypothetical: The Leaky Pipe in St. Petersburg

Anna owns a condo in St. Petersburg. One day, she discovers her kitchen cabinets are swollen and moldy. A plumber finds a tiny leak in the pipe under the sink that's been dripping for months. Her insurance denies the claim, saying it's gradual deterioration—a form of inherent vice.

But here's the kicker: If Anna wasn’t aware of the leak and there was no visible sign until recently, an experienced Public Adjuster in Florida might argue that the resulting damage was fortuitous. Gradual cause or not, the discovery was abrupt, and the resulting damage (especially the mold) may still be compensable.

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How Can a Florida Public Adjuster Help?

Most Florida homeowners don’t realize that just because their insurer uses technical jargon like “inherent vice” or “non-fortuitous loss” doesn’t mean the denial is final.

A Public Adjuster in Florida works exclusively for policyholders—not for insurance companies. We review your policy, assess the property damage, document evidence that the damage qualifies as fortuitous, and handle all communication with your insurance carrier.

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Key Takeaways

• Fortuitous losses are sudden, accidental events. These are typically covered.
• Inherent vice refers to natural deterioration or flaws in materials. These are typically excluded.
• Insurance companies often misuse these terms to deny claims unjustly.
• In Florida, many damage types—roof leaks, mold, broken pipes—can raise these issues.
• A skilled Public Adjuster Florida can help argue your case and fight back against unfair denials.

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Don’t Face the Insurance Company Alone

If your claim has been denied—or you’re not sure how to navigate your property damage claim—let’s talk.

✅ Free claim review
✅ No upfront costs
✅ We work for YOU, not the insurance company

Call us today at (XXX) XXX-XXXX for fast, honest Insurance Claim Help from professionals who know Florida’s climate, policies, and claim practices inside and out.

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FAQs

Q1: What is a non-fortuitous loss in insurance?
A non-fortuitous loss is damage that is expected or inevitable due to normal wear, internal defects, or lack of maintenance—not an unexpected accident.

Q2: Will insurance cover mold from high humidity?
Generally, no. Mold due purely to humidity is often considered a maintenance issue. However, if the mold results from a covered event (like a burst pipe), it could be covered.

Q3: Can I challenge an "inherent vice" claim denial in Florida?
Yes, especially if you suspect the damage was caused or worsened by an unexpected event. A Public Adjuster can help build your case.

Q4: How do I know if my roof damage is covered?
If the damage happened suddenly—like after a storm—you likely have a valid claim. If it’s gradual wear over time, the insurer may say it’s excluded. A professional review helps clarify.

Q5: When should I call a Public Adjuster in Florida?
Call as soon as you discover damage. The earlier we're involved, the better we can document, prevent mistakes, and increase your chance of full compensation.

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Reference: This article was inspired by a piece from Chip Merlin. You can read the original post here.