Bad Faith Attorney Guide: Property Insurance Longwood, Florida

Introduction: Why Longwood Homeowners Need This Guide

Nestled in Seminole County, Longwood, Florida is no stranger to the subtropical weather patterns that make the Sunshine State both beautiful and hazardous. From summer thunderstorms that topple pine trees in neighborhoods like The Woodlands to the occasional hurricane skimming across Lake Jessup, property damage is part of life for Longwood homeowners. When disaster strikes, you count on your insurer to honor the policy you have faithfully paid for. Yet many residents face a property insurance claim denial Longwood Florida policyholders know can be financially devastating.

This comprehensive guide—written with a slight bias toward protecting policyholders—explains how Florida statutes, regulations, and court decisions safeguard your rights. It also shows you the strategic steps to take after a denial, outlines deadlines, and explains when to call a Florida attorney who focuses on bad-faith insurance practices. All information is pulled from authoritative sources, including the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract Protected by Florida Law

Your homeowners policy is a binding contract. Under Fla. Stat. §95.11(2)(e), you generally have five years from the date of loss to file a breach-of-contract lawsuit against an insurer that refuses to pay. If the loss is hurricane-related, you must report the claim within two years under Fla. Stat. §627.70132, but the five-year litigation window still applies. These dual deadlines are frequently misunderstood—insurers may cite the two-year notice rule while ignoring the five-year lawsuit period.

2. The Right to Prompt Communication

Florida’s Unfair Insurance Trade Practices Act (Fla. Stat. §626.9541) requires insurers to acknowledge and act upon communications within 14 calendar days. Delays violate the law and can serve as evidence of bad faith.

3. The Right to a Fair Investigation

Under Florida Administrative Code Rule 69O-166.024, insurers must adopt and implement standards for the proper investigation of claims. Cutting corners or relying on biased adjusters violates these standards and may entitle you to additional damages.

4. The Right to Attorney’s Fees When You Win

Historically, Fla. Stat. §627.428 required insurers to pay your reasonable attorney’s fees if you prevailed in court. Although recent legislative reforms limit fee shifting in some situations, the law still protects policyholders in many first-party property cases filed before December 16, 2022. Always have a Florida attorney analyze whether the old or new fee statute applies to your case.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers issue thousands of denials each year. Knowing the most frequent excuses can help you prepare strong rebuttals.

• Late Notice – Adjusters cite the two-year window under §627.70132 even for non-hurricane losses where the rule does not apply.

• Wear and Tear Exclusions – Carriers blame pre-existing damage, especially on 15-year-old asphalt shingle roofs common in Longwood subdivisions like Sweetwater Oaks.

• Water Damage Exclusions – Florida policies often exclude “constant or repeated seepage” beyond 14 days. Insurers broaden this language to deny pipe leak claims.

• Failure to Mitigate – You must make reasonable temporary repairs. Insurers sometimes overuse this doctrine to shift blame for mold growth after a storm.

• Alleged Material Misrepresentation – Carriers may void policies for minor application errors, a tactic scrutinized by Florida courts in Universal Property & Casualty Ins. Co. v. Johnson, 114 So.3d 1031 (Fla. 1st DCA 2013).

Many denials lean on ambiguous policy language. When provisions are unclear, Florida courts apply the doctrine of contra proferentem, construing ambiguities against the insurer. This is a powerful tool in a bad-faith claim.

Florida Legal Protections & Insurance Regulations

Bad-Faith Statute: Fla. Stat. §624.155

This statute allows policyholders to sue when an insurer fails to settle claims in good faith. A prerequisite Civil Remedy Notice (CRN) must be filed with DFS, giving the insurer 60 days to cure the violation. If it doesn’t, you may pursue extra-contractual damages, including emotional distress.

Prompt Pay Statute: Fla. Stat. §627.70131

Insurers must pay undisputed amounts within 60 days after receiving a sworn proof of loss. Violations can trigger interest penalties under §55.03.

DFS Mediation Program

Florida’s DFS offers free or low-cost mediation for residential property disputes under §627.7015. Many Longwood residents reach settlements here without filing suit. The insurer must notify you of this option within five days after the claim is filed.

Licensing and Ethical Rules for Florida Attorneys

All lawyers practicing in Florida must be members in good standing with The Florida Bar and comply with the Rules Regulating The Florida Bar, including Rule 4-1.5 governing fees. Contingency agreements in property insurance cases must be in writing and signed by both client and attorney.

Steps to Take After a Property Insurance Claim Denial in Florida

Request a Written Denial Letter Florida Administrative Code Rule 69O-166.024(4) requires insurers to provide a denial in writing, citing specific policy provisions. Review Deadlines Mark the five-year statute of limitations in §95.11(2)(e) and the two-year notice window for hurricane claims under §627.70132. Collect Evidence

- Photographs or videos of damage

- Receipts for emergency repairs in Longwood hardware stores like Ace Hardware on W State Road 434

- Independent contractor estimates

Order a Certified Copy of Your Policy Under Fla. Stat. §627.4137, the insurer must provide this within 30 days of your written request. File a DFS Complaint Submit through the DFS Consumer Portal. Complaints often prompt a re-review or supplemental payment. Consider Mediation or Appraisal In appraisal, each party chooses an appraiser and a neutral umpire decides disputed amounts. Mediation is less formal but equally binding if an agreement is reached. Document All Communications Save emails, certified mail receipts, and call logs. Florida bad-faith suits live or die on evidence of insurer conduct.

When to Seek Legal Help in Florida

You might handle a straightforward claim alone, but certain red flags demand a consultation with a Florida attorney experienced in insurance bad faith:

• The carrier cites “fraud” or “material misrepresentation” without evidence.

• The denial references policy provisions that do not exist or are taken out of context.

• The insurer fails to respond within 14 days or refuses to schedule inspections.

• You receive a lowball offer far below independent estimates.

A lawyer can draft the CRN, negotiate under §624.155, and file suit in Seminole County Circuit Court if necessary. Because many firms work on contingency, no fees are owed unless you recover money.

Local Resources & Next Steps

Seminole County Clerk of Court

If litigation becomes unavoidable, your complaint will be filed at 301 N. Park Ave., Sanford, FL 32771. The Clerk’s online portal lets you track your case and download pleadings.

Longwood Building Division

Located at 174 W. Church Ave., this office can provide historical permit records, which help prove your roof or plumbing complied with code before the loss.

Florida DFS Consumer Helpline

Call 1-877-693-5236 or use the online portal to lodge complaints and to check whether your insurer has prior regulatory violations.

Armed with this information, Longwood residents can push back against unfair denials. Do not let the carrier’s vast resources intimidate you—Florida law is designed to level the playing field.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Each claim is unique. Always consult a licensed Florida attorney regarding 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.