Bad Faith Attorney Guide: Property Insurance in Miramar, FL

Introduction: Why Miramar Homeowners Need This Guide

Hurricane-force winds off the Atlantic, summer cloudbursts that drop inches of rain in an hour, and even the occasional kitchen fire—Miramar, Florida homeowners face very real risks every year. Broward County issued more than 4,000 residential building permits in 2023 alone, evidence of constant repair and rebuilding after severe weather events. When disaster strikes, most Miramar homeowners expect their property insurer to step up quickly and pay what is owed under the policy. Unfortunately, many residents find themselves fighting a property insurance claim denial miramar florida instead. This comprehensive guide explains your rights under Florida law, pinpoints the most common insurer tactics, and outlines when it is time to involve a bad faith insurance attorney.

We focus on Miramar because the city’s housing stock—largely built after the late-1990s—and its proximity to coastal wind zones create unique coverage questions. Whether you live in Silver Isles, Monarch Lakes, or the historic eastern corridor off University Drive, the same Florida statutes, administrative rules, and court precedents apply. Yet insurers often misinterpret or misapply those rules, leading to underpayments and denials. By arming yourself with knowledge today, you can respond decisively should your next claim meet resistance.

This guide is written from the policyholder’s perspective. We cite only authoritative sources—Florida Statutes, the Florida Department of Financial Services (DFS), court opinions, and respected insurance law treatises—so that you can confidently use this information when negotiating with adjusters or consulting a Florida attorney. Keep reading for a step-by-step playbook specifically tailored to Miramar homeowners.

Understanding Your Property Insurance Rights in Florida

1. The Contractual Right to Benefits

Your homeowners or commercial property insurance policy is a legally binding contract. Under Florida insurance law, insurers owe a duty to investigate, adjust, and pay valid claims fairly and promptly. If they fail, you may sue for breach of contract within five years of the loss (Fla. Stat. § 95.11(2)(b)).

2. The Right to Prompt Communication

Florida’s Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142) requires insurers to acknowledge communication within 14 days, begin an investigation within 10 days of proof-of-loss, and pay undisputed amounts within 60 days after receiving a sworn proof-of-loss.

3. The Right to a Fair Claims Handling Process

Rule 69O-166.024 of the Florida Administrative Code prohibits misrepresentations, undervaluation, and unnecessary delays. DFS may impose civil penalties or revoke adjuster licenses for violations.

4. The Right to Seek Appraisal or Mediation

Most policies contain an appraisal clause allowing each side to appoint an independent appraiser to resolve disputes over scope and price. Separately, DFS offers free mediation for residential property claims under Fla. Stat. § 627.7015. You must request mediation within 60 days after the insurer’s coverage decision.

5. The Right to Legal Fees if You Prevail (Limited)

Historically, Fla. Stat. § 627.428 awarded attorney’s fees to successful policyholders. While recent reforms (2022 S.B. 2-A) narrowed that right, fees may still be available in certain bad faith or declaratory judgment actions filed on losses prior to December 16 2022.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely admit that they are acting in bad faith. Instead, they rely on a short list of justifications. Understanding these reasons prepares Miramar homeowners to collect the evidence needed to rebut them.

• Late Notice – Under Fla. Stat. § 627.70132 (as amended in 2023), you now have one year to give written notice of a new or reopened claim and 18 months for supplemental claims. Insurers often deny when notice is even a day late. Document every call and email the day damage occurs.

• Wear and Tear Exclusion – Most policies exclude “gradual deterioration.” Carriers sometimes misapply this exclusion, labeling fresh hurricane damage as “long-term roof wear.” Obtain a contractor’s report pinpointing storm-specific impact marks or water entry points.

• Flood vs. Wind Disputes – Wind damage is covered under standard homeowners policies; storm surge requires separate flood insurance. Adjusters may wrongfully tag wind-driven rain losses as flood to avoid payment. Photographs of wind-blown debris patterns and missing shingles can rebut the assertion.

• Failure to Mitigate – You must take reasonable steps to prevent further damage, such as tarping a roof. Denials often claim you waited too long. Keep receipts from mitigation vendors and note weather conditions that prevented immediate repairs.

• Material Misrepresentation – If an insurer believes you exaggerated square footage or prior damage, it can void the policy. Answer all requests truthfully and supply documentation to prove accuracy.

When you receive a denial letter for any of these reasons—or if your claim sits unanswered beyond statutory deadlines—consider the next steps outlined below.

Florida Legal Protections & Insurance Regulations

1. Statute of Limitations and Notice Deadlines

• Notice of property loss: 1 year (new/reopened) and 18 months (supplemental) – Fla. Stat. § 627.70132.

• Contract lawsuit against insurer: 5 years – Fla. Stat. § 95.11(2)(b).

• Bad faith action under Fla. Stat. § 624.155: 5 years from the date of the underlying breach of contract.

2. Civil Remedy Notice (CRN)

Before filing a statutory bad faith suit, policyholders must submit a CRN via DFS’s online portal. The insurer then has 60 days to cure the violation (e.g., pay the claim). Failure to cure may expose the carrier to extra-contractual damages.

3. Assignment of Benefits (AOB) Restrictions

Under 2019 H.B. 7065 and follow-up legislation, contractors in Miramar may no longer accept broad AOBs without meeting strict disclosure rules. Violations render the AOB voidable, impacting claim payment. Homeowners retain the right to assign benefits to a licensed attorney without these extra hurdles.

4. DFS Mediation & Neutral Evaluation

Residential property claims under $100,000 qualify for free mediation through DFS. For sinkhole claims—a growing concern in parts of Broward County—Fla. Stat. § 627.7074 allows neutral evaluation by a state-approved geologist.

5. Florida Bar Licensing Rules

Only a lawyer admitted to The Florida Bar may represent you in court or provide legal advice for a fee. Out-of-state attorneys must move for pro hac vice admission and work with a local member of The Florida Bar per Rule 1-3.10 of the Bar’s Rules of Professional Conduct.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1 – Review the Denial Letter Line by Line

Insurers must cite specific policy language and factual reasons. Flag vague statements like “not covered under your policy” and request clarification in writing.

Step 2 – Gather and Secure Evidence

• Photographs/video of all damage immediately after the event

• Receipts for emergency repairs, hotel stays, and debris removal

• Weather reports (e.g., NOAA wind speeds for Miramar zip codes 33023, 33025, 33027) to prove storm intensity

• Expert reports from licensed contractors, engineers, or public adjusters

Step 3 – File a Reconsideration or Supplemental Claim

Under Fla. Stat. § 627.70132, you may submit new evidence within 18 months. Clearly state “supplemental claim” in the subject line and reference your original claim number.

Step 4 – Request DFS Mediation

Complete form DFS-I0-O157 and submit online within 60 days of the insurer’s denial. Mediation is non-binding and free for homeowners.

Step 5 – Consider an Appraisal Demand

If the dispute centers on value rather than coverage, send a certified letter invoking the appraisal clause. Each side selects an appraiser; the two choose an umpire. The panel’s decision is binding absent fraud or collusion.

Step 6 – File a Civil Remedy Notice

Log in to the DFS Civil Remedy System, pay the $15 fee, and serve the notice on the insurer. Common statutory violations include Fla. Stat. § 624.155(1)(b)(1) – unfair claim settlement practices.

Step 7 – Consult a Bad Faith Insurance Attorney

If the insurer refuses to cure within 60 days, litigation may be your only option. A seasoned attorney can file a breach-of-contract suit and, if warranted, a bad faith count seeking extra-contractual damages such as lost rental income.

When to Seek Legal Help in Florida

You are not required to hire counsel to resolve an insurance dispute, but certain red flags suggest you should engage a Florida attorney immediately:

• The insurer alleges fraud or material misrepresentation (policy rescission risk).

• The denial letter references complex exclusions (e.g., earth movement, mold limits) that hinge on legal interpretation.

• Your home in Miramar is uninhabitable, creating urgent financial pressure.

• The claim value exceeds $100,000, exposing you to appraisal biases or forced arbitration.

• The 60-day cure period after a Civil Remedy Notice has run without payment.

An attorney licensed in Florida can subpoena internal adjuster emails, depose company witnesses, and present expert testimony—leverage that often leads to favorable settlement before trial.

Local Resources & Next Steps

Government & Non-Profit Assistance

Florida Department of Financial Services Consumer Helpline: 877-693-5236

• City of Miramar Building Department: 954-602-3200 for post-storm inspection records

• Broward County Consumer Protection: 954-831-4000 for contractor complaints

Professional Service Providers

• State-licensed public adjusters with Broward County certificates

• Florida-certified general contractors familiar with South Florida wind codes

• Independent engineers who can differentiate flood vs. wind damage

Educational Reading

Florida Office of Insurance Regulation market conduct reports Florida Supreme Court opinions on insurance disputes

Armed with these resources, Miramar homeowners can push back against unfair denials and help ensure full, timely payment.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently. You should consult a licensed Florida attorney about your specific situation.

If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.