Bad Faith Attorney Guide to Property Insurance in Lauderhill, FL

Introduction: Why Lauderhill Homeowners Need a Focused Guide

Lauderhill, Florida sits in the heart of Broward County, only a short drive from the Atlantic Ocean and well within South Florida’s hurricane corridor. From heavy summer rains to tropical storms spinning off the Caribbean, Lauderhill homeowners face persistent threats to their roofs, windows, and foundations. Property insurance is supposed to provide peace of mind, yet many residents discover—often after the storm—that their insurer delays payment, undervalues damage, or issues an outright denial. If you have experienced a property insurance claim denial Lauderhill Florida, you are not alone. This guide arms you with Florida-specific statutes, local insights, and a step-by-step plan to protect your rights, with a slight bias in favor of policyholders—because the law already gives insurers all the resources they need.

This article follows the strict evidence rules laid out by the Florida Department of Financial Services (DFS), Florida Statutes, and published Florida court opinions. It covers:

• Key contract and statutory deadlines, including Florida’s statute of limitations and the shorter notice period for hurricane claims.

• Common reasons insurers deny or underpay claims in Florida and how to challenge them.

• Bad-faith protections under Fla. Stat. § 624.155 and related case law.

• Local resources in Lauderhill and Broward County that every homeowner should bookmark.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Binding Contract

Under Florida law, an insurance policy is interpreted like any other contract. Fla. Stat. § 95.11(2)(e) gives you five years from the date the insurer breaches the policy (usually the denial date) to file a lawsuit for breach of contract. However, waiting that long can jeopardize evidence and leverage, so swift action is strongly recommended.

2. Special Deadlines for Hurricane and Windstorm Claims

Senate Bill 76, effective July 1, 2021, amended Fla. Stat. § 627.70132. You now have only one year to give initial notice of a hurricane or windstorm claim and 18 months to file a supplemental or reopened claim. Missing these windows almost guarantees denial.

3. DFS-Enforced “Homeowner Claims Bill of Rights”

The DFS enforces § 627.7142, which requires insurers to inform Florida homeowners of their rights. Highlights include:

• The right to receive acknowledgment of your claim within 14 days.

• The right to receive a decision (payment or denial) within 90 days of filing.

• The right to receive interest if payment is late, unless the delay is caused by factors beyond the insurer’s control.

4. Bad-Faith Remedies

Florida provides a powerful tool in Fla. Stat. § 624.155. If an insurer fails to settle a claim when, under the circumstances, it could and should have done so, the company may be liable for bad-faith damages beyond policy limits. A required Civil Remedy Notice (CRN) must be filed with DFS and served on the insurer, giving it 60 days to cure the violation.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers often cite legitimate-sounding reasons that, upon closer inspection, are weak or unsupported:

• Wear and Tear – Routine aging is excluded, but hurricanes rarely cause “wear and tear.” Adjusters sometimes lump storm damage into this category to avoid payment.

• Late Notice – If you missed the one-year hurricane notice deadline, the insurer can deny unless you prove the delay was out of your control. For non-hurricane claims, “prompt” depends on policy wording but Florida courts look at reasonableness.

• Pre-Existing Damage – Insurers may claim the damage existed before policy inception. Obtain pre-loss photos or maintenance records to show otherwise.

• Violation of Policy Conditions – Failure to mitigate further damage or provide requested documents may be grounds for denial. However, under Florida case law, the insurer must show “material prejudice” from your non-compliance.

• Water Exclusions – Distinguishing between flood (excluded) and wind-driven rain (covered) is contentious. Use meteorological data and engineering reports to pinpoint the real cause.

Remember, an insurer’s first denial is not final—particularly when your policy language is ambiguous. Courts in Florida interpret ambiguous provisions in favor of the insured (contra proferentem).

Florida Legal Protections & Insurance Regulations

1. 90-Day Rule (Prompt Pay Statute)

Under Fla. Stat. § 627.70131, insurers must pay or deny a claim within 90 days after receiving notice. Failure triggers statutory interest at the judgment rate.

2. DFS Mediation Program

The DFS offers a free or low-cost mediation program for residential property claims under Rule 69J-166.031, Florida Administrative Code. Homeowners can request mediation prior to filing suit. Insurers bear the cost.

3. Appraisal Clause Benefits and Pitfalls

Many policies include an appraisal clause allowing each party to select an appraiser and an umpire to resolve disputes over the amount of loss. Appraisal can be faster than litigation, but it usually cannot decide coverage issues—only the value of damage.

4. Attorney’s Fees Shifting

Florida’s one-way fee statute, Fla. Stat. § 627.428, allows a prevailing insured to recover reasonable attorney’s fees from the insurer. This levels the playing field and encourages homeowners to consult a Florida attorney early.

5. Anti-Fraud Measures and Your Cooperation

Florida enacted § 626.989 to combat insurance fraud. Cooperate fully, provide honest statements, and document repairs. Trying to “pad” a claim risks criminal charges and undermines legitimate policyholders.

Steps to Take After a Property Insurance Claim Denial in Florida

• Read the Denial Letter Carefully Identify each reason for denial. Is it based on policy language, factual dispute, or missed deadline? This dictates your response strategy.

• Request the Complete Claim File Under Florida’s Discovery Rules (and often under Fla. Admin. Code 69O-166), you can request adjuster notes, photographs, and engineering reports the insurer relied on.

Collect Independent Evidence

• Hire a licensed public adjuster or structural engineer for a second opinion.

• Take date-stamped photos and videos of all damage.

• Gather weather reports for Lauderhill on the date of loss, available from the National Weather Service’s Miami office at Miami-Opa locka Executive Airport, roughly 12 miles from Lauderhill.

• File a Supplemental Claim If you have new evidence or costs, submit a supplemental claim within the policy’s time limits (remember the 18-month window for hurricane reopens).

• Use DFS Mediation or Appraisal Request DFS mediation online or invoke the appraisal clause if coverage isn’t in dispute.

• Send a Civil Remedy Notice (CRN) if Bad Faith Is Suspected Draft a CRN that specifies the statutory provisions violated, the facts, and a cure amount. File it on the DFS portal and send to the insurer.

• Consult a Licensed Florida Attorney An attorney can evaluate policy language, file suit before deadlines, and maximize fee-shifting statutes.

When to Seek Legal Help in Florida

Some Lauderhill homeowners wait until the last minute, but earlier is almost always better. Contact a Florida attorney immediately if:

• Your claim involves complex causation (wind vs. flood).

• The insurer delays adjustment beyond 30 days without reason.

• You receive a partial payment that does not cover obvious repairs.

• You suspect lowball estimates or biased engineering reports.

• You plan to file a CRN alleging bad faith.

Florida lawyers must be licensed by The Florida Bar, governed by the Florida Supreme Court, and carry trust-accounting and advertising compliance obligations. Verify any attorney’s status on the Bar’s website before retaining.

Local Resources & Next Steps for Lauderhill Homeowners

1. Government & Consumer Contacts

• Florida DFS Consumer Helpline: 1-877-693-5236.

• Lauderhill Building Department: 954-730-3000 — obtain permits or inspection records.

• Broward County Property Appraiser: 954-357-6830 — property data useful for proving value.

• South Florida Water Management District: flood zone maps relevant to coverage disputes.

2. Reputable Local Professionals

• Licensed public adjusters experienced in Broward County windstorm claims.

• Structural engineers familiar with South Florida’s High-Velocity Hurricane Zone (HVHZ) standards.

3. Community Preparedness

Register for Lauderhill’s CodeRED emergency alerts, keep digital copies of your insurance policy, and periodically photograph your property pre-storm. Good documentation tilts any future dispute in your favor.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and each case is unique. Consult a licensed Florida attorney for advice specific to your situation.

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