Bad Faith Attorney Guide: Property Insurance, Jacksonville, Florida

Introduction: Why Jacksonville Homeowners Need This Guide

Jacksonville, Florida is no stranger to tropical storms, nor’easters, and the occasional hurricane that sweeps up the St. Johns River. In Duval County alone, thousands of property insurance claims are filed every year after wind, water, fire, or theft losses. Yet many families find themselves blindsided by a sudden property insurance claim denial Jacksonville Florida insurers deliver with little explanation. When that happens, local residents often search for a bad faith insurance attorney who knows the terrain—from Florida’s unique statutes to the claims-handling culture of insurers that dominate Northeast Florida. This guide gives Jacksonville homeowners a step-by-step blueprint—rooted in Florida law—for contesting denials, preserving evidence, and protecting policyholder rights.

We draw exclusively from authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts. Whether you live in Riverside, the Beaches, or a rural corner of neighboring Nassau County, the laws we outline apply statewide. Still, we sprinkle local tips—like where to file a civil remedy notice (CRN) in Duval County and which Jacksonville agencies can help you secure disaster-recovery grants—so you know exactly where to turn.

Goal: Empower policyholders and tilt the scale back toward people, not insurance companies. If an insurer fails to honor its contractual duties in good faith, Florida law gives you leverage. Let’s walk through the protections step by step.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—Not a Gift

Under Florida contract law, a homeowner’s insurance policy is a legally binding agreement. Per Fla. Stat. §95.11(2)(b), you generally have five years from the date of breach to sue for unpaid benefits. That statute of limitations applies unless a shorter period—such as the two-year deadline for reopened or supplemental hurricane claims under Fla. Stat. §627.70132—controls. Knowing these timelines is key because insurers sometimes deny claims hoping policyholders miss filing deadlines.

2. The Homeowner Claims Bill of Rights

Florida’s legislature codified the “Bill of Rights” in Fla. Stat. §627.7142. Highlights include:

• The right to receive confirmation that your claim was received within 14 days.

• The right to prompt acknowledgement, investigation, and fair settlement.

• The right to receive full payment or a denial within 90 days (with limited exceptions).

• The right to seek mediation or neutral evaluation through the Florida DFS.

Insurers must provide you with this Bill of Rights within 14 days of reporting a claim. If they don’t, you can reference the statute to demand compliance.

3. Good-Faith Duties Imposed on Insurers

Florida recognizes an implied covenant of good faith and fair dealing in every insurance contract. Under Fla. Stat. §624.155, a policyholder may bring a civil action when an insurer fails to act in good faith by:

• Not attempting to settle claims when it could and should have done so.

• Making unfair, misleading, or inadequate settlement offers.

• Failing to promptly settle claims under one portion of the policy to influence settlement under another.

Before filing a bad-faith lawsuit, you must submit a Civil Remedy Notice (CRN) through the DFS website and give the insurer 60 days to cure its violations.

Common Reasons Property Insurance Companies Deny Claims in Florida

Understanding why insurers deny claims can help you anticipate defenses and gather evidence early.

1. Alleged Late Notice

Florida policies often require “prompt” or “immediate” notice. Courts interpret reasonableness based on facts, but insurers seize on any delay to argue prejudice. Document every interaction—from the moment you discover damage—to refute this excuse.

2. Water Damage Exclusions and Anti-Concurrent Cause Clauses

Water and wind often strike together in Jacksonville’s coastal storms. Insurers sometimes rely on anti-concurrent cause language to deny coverage when both a covered (wind) and excluded (flood) peril contribute. A detailed engineering report may rebut this defense.

3. Wear, Tear, and Pre-Existing Damage

Adjusters frequently label roof leaks as “long-term deterioration.” Yet Fla. Stat. §627.7011 requires replacement-cost coverage for dwelling losses once repairs are complete. If your shingle roof is under 15 years old or local building code triggered full replacement, you have leverage.

4. Allegations of Fraud or Material Misrepresentation

Insurers may void a policy alleging misrepresentations in the application or claim. Florida law demands clear and convincing evidence. If you receive a denial letter citing fraud, consult a Florida attorney immediately.

5. Non-Payment of Premium or Lapsed Coverage

Florida insurers must send a 10-day written notice before canceling for non-payment (F.A.C. 69O-166.031). If you did not receive proper notice, the lapse may be invalid.

Florida Legal Protections & Insurance Regulations

1. Prompt Pay Statute – 90-Day Rule

Fla. Stat. §627.70131(7)(a) obligates insurers to pay undisputed amounts or deny the claim within 90 days. Failure to comply creates a presumption of unreasonable delay—powerful ammunition in a bad-faith case.

2. Appraisal vs. Litigation

Many policies contain an appraisal clause. While appraisal can fairly resolve pricing disputes, insurers sometimes invoke it to stall. Florida courts (e.g., Johnson v. Nationwide, 828 So. 2d 1021) hold that coverage disputes must be resolved before appraisal. If an insurer claims “there’s no coverage” yet demands appraisal, that may constitute bad faith.

3. Assignments of Benefits (AOB)

Effective May 2023, Fla. Stat. §627.7152 bars most post-loss assignments for residential property insurance. Jacksonville homeowners should know that contractors can no longer sue insurers directly under AOB—policyholders must file suit themselves.

4. Attorney’s Fees and Multipliers

Under Fla. Stat. §627.428 (applies to policies issued before 1/1/2023) and the revised Fla. Stat. §627.4282, prevailing policyholders may recover reasonable attorney’s fees. Courts may also apply a contingency-risk multiplier when justified, making it economically feasible for homeowners to sue even over modest amounts.

5. Licensing Rules for Florida Attorneys

Only lawyers admitted to The Florida Bar may represent you in state courts. Verify a lawyer’s standing through the Florida Bar’s online directory. Out-of-state attorneys must seek pro hac vice admission and work with Florida counsel.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Read the Denial Letter Carefully

Insurers must state specific policy provisions relied upon. Highlight them; you’ll need these citations when drafting a demand.

Step 2: Gather and Preserve Evidence

• Photographs and videos of all damage, preferably timestamped.

• Receipts for emergency repairs (tarps, boarding up).

• Correspondence with the insurer, adjusters, and contractors.

• Pre-loss inspection reports if any (home purchase inspection, prior roof assessments).

Step 3: Request a Certified Copy of Your Policy

Florida law entitles you to a complete copy. Having the full policy, including endorsements and exclusions, is critical.

Step 4: File a Notice of Dispute

Florida DFS offers free mediation for property claims under its mediation program. Requesting mediation often pressures insurers to re-evaluate the claim.

Step 5: Consider a Supplemental Claim

If additional damage appears, you can reopen the claim within two years for hurricane losses or the policy’s contractual period for others. Make sure to file before the statute runs.

Step 6: Draft and File a Civil Remedy Notice (CRN)

Log in to the DFS portal, pay the $50 fee, and detail the insurer’s violations under Fla. Stat. §624.155. In Jacksonville, consumers often list the insurer’s local claims address or Tallahassee headquarters.

Step 7: Seek a Professional Estimate

Hire a licensed Florida public adjuster or contractor to prepare a line-item estimate using Xactimate or similar software. Independent valuations carry weight in negotiations.

When to Seek Legal Help in Florida

You should consult a Florida attorney when:

• Your claim exceeds $10,000 and has been partially or wholly denied.

• The insurer alleges fraud, misrepresentation, or intentional acts.

• Deadlines are approaching—especially the five-year contractual limitation.

• The insurer has invoked appraisal while still disputing coverage.

• You feel bullied into a low settlement or silence.

Jacksonville civil courts—including the Fourth Judicial Circuit for Duval County—move quickly on summary judgment. A local bad faith attorney knows judges’ preferences, docket speeds, and jury pools. Moreover, federal diversity jurisdiction may kick in if the carrier is out of state, shifting the case to the Middle District of Florida, Jacksonville Division—another reason to hire counsel versed in both venues.

Local Resources & Next Steps

1. Florida Department of Financial Services (DFS), Jacksonville Service Office

DFS consumer services can help file complaints or mediation requests. Visit them downtown at 921 N. Davis St., Building B, or call 1-877-693-5236.

2. Duval County Clerk of Courts

To record a Notice of Lis Pendens or access public records for ongoing lawsuits, head to 501 W. Adams St., Room 1173.

3. Jacksonville Area Legal Aid (JALA)

Low-income homeowners may qualify for free advice on insurance issues. Check eligibility at Jacksonville Area Legal Aid.

4. Building and Permitting Division

Obtain post-loss inspection reports or closed permit history that may corroborate roof age at 214 N. Hogan St., Jacksonville.

5. Disaster Assistance Grants

After a federally declared disaster, apply for FEMA Individual Assistance at DisasterAssistance.gov. Keep letters and award summaries; they can substantiate the scope of damage during settlement talks.

Legal Disclaimer

This guide provides general information about florida insurance law and is not legal advice. Laws change, and every claim is fact-specific. Consult a licensed Florida attorney before acting on any information herein.

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