Bad Faith Attorney: Longboat Key Florida Property Insurance

Introduction: Why Longboat Key Homeowners Need This Guide

Tucked between the Gulf of Mexico and Sarasota Bay, Longboat Key, Florida is known for its stunning beaches, upscale neighborhoods like Country Club Shores, and seasonal influx of retirees. But coastal living brings exposure to hurricanes, windstorms, and flooding that routinely damage roofs, condos, and single-family homes across both the Sarasota and Manatee County portions of the island. Because replacement costs are high and contractors are in demand after major storms, many Longboat Key homeowners rely on property insurance payments to restore their residences quickly. Unfortunately, some insurers slow-pay, low-ball, or outright deny valid claims, expecting policyholders—especially retirees or seasonal residents—to give up.

This 2,500-plus-word guide is written from a homeowner-friendly perspective to help you understand your rights under Florida insurance law, spot bad-faith tactics, and decide when it is time to involve a bad faith insurance attorney. All legal citations come from the Florida Statutes, the Florida Administrative Code, or published Florida court opinions. Whether you live year-round on Gulf of Mexico Drive or only winter here, use this resource to protect your largest investment.

Understanding Your Property Insurance Rights in Florida

Key Statutory Rights

Florida legislation gives policyholders several powerful protections, many of which are found in Chapter 627 of the Florida Statutes and Title 69O of the Florida Administrative Code.

• Prompt Acknowledgment & Adjustment: Under Fla. Stat. § 627.70131(1), insurers must acknowledge receipt of a residential property claim within 14 calendar days.
• Timely Decision: § 627.70131(7)(a) requires carriers to pay, deny, or partially pay a claim within 60 days after receiving proof-of-loss, unless factors beyond the insurer’s control prevent it.
• Good-Faith Handling: Fla. Stat. § 624.155 imposes a duty on insurers to act in good faith and prohibits unfair claim settlement practices.
• Right to Mediation: Through Fla. Admin. Code R. 69J-166.031, residential property owners can request free, state-sponsored mediation with the insurer for disputed claims under $50,000 (and sometimes larger).
• Right to Neutral Evaluation (Sinkholes): Fla. Stat. § 627.7074 lets owners request a neutral evaluator when a sinkhole claim is involved.

Statute of Limitations

Thanks to 2023 amendments, Fla. Stat. § 95.11(14) now sets a two-year statute of limitations for filing suit on a property insurance claim in Florida. Supplemental or reopen claims must be filed within 1 year, per § 627.70132. Missing these deadlines can permanently bar recovery, so Longboat Key homeowners should calendar them immediately after any loss.

Your Policy Is a Contract

A homeowners or condo policy is a contract under Florida law. That means you have the right to:

• Receive the exact coverage outlined for perils such as wind, hail, or burst pipes.
• Demand that any exclusions or limitations be strictly interpreted against the insurer when ambiguous (see State Farm Fire & Cas. Co. v. Castillo, 829 So. 2d 242 (Fla. 3d DCA 2002)).
• Enforce the implied covenant of good faith and fair dealing.

Common Reasons Property Insurance Companies Deny Claims in Florida

Based on complaints tracked by the Florida Department of Financial Services and litigation in Sarasota County Circuit Court, the most frequent denial justifications include:

1. Late Notice of Claim

Insurers often allege that the policyholder failed to provide “prompt” notice. While most policies require notice “as soon as practicable,” Florida courts look at whether the delay prejudiced the insurer (Sebastian v. State Farm, 246 So. 3d 416 (Fla. 5th DCA 2018)). If you reported damage within days of discovering it, the late-notice defense may fail.

2. Wear and Tear vs. Sudden Event

Carriers routinely classify roof leaks on Longboat Key’s older concrete-tile roofs as wear and tear, not hurricane damage. Photographic evidence of missing tiles or recent wind events can rebut this.

3. Water Damage Exclusions

Policies distinguish between flood (excluded unless you carry NFIP or private flood coverage) and wind-driven rain (covered if an opening in the roof or wall first occurred). Insurers sometimes blur the lines.

4. Failure to Mitigate

Florida law obligates owners to take reasonable steps—such as tarping a roof—to prevent further damage after a loss. Insurers may deny if you did nothing for weeks.

5. Alleged Material Misrepresentation

Carriers may void a policy for misstatements on the application or during the claim, e.g., allegedly hiding prior roof repairs. They must, however, prove intentional misrepresentation (Fla. Stat. § 627.409).

6. Bad-Faith Lowballing

Not technically a “denial,” lowballing is when an adjuster values repairs at half of what multiple Longboat Key contractors quote. Accepting that number waives your right to full payment.

Florida Legal Protections & Insurance Regulations

Unfair Claim Settlement Practices (Fla. Stat. § 626.9541)

The statute prohibits insurers from:

• Not attempting in good faith to settle when liability is clear.
• Making lowball offers forcing litigation.
• Failing to explain denial reasons in writing.

Civil Remedy Notice (CRN)

Before suing for statutory bad faith under § 624.155, you must file a CRN with the Florida Department of Financial Services (DFS) and give the carrier 60 days to cure. The CRN should:

• Identify the policyholder, insurer, and claim number.
• State specific statutory violations.
• Demand a cure amount.

Attorney’s Fees & Assignment of Benefits

Recent reforms (Fla. Stat. § 627.428 repealed and replaced by § 627.4282) now limit one-way attorney fee shifting. However, policyholders who prevail after a rejected settlement offer may still recover fees under § 57.105 if the insurer’s position lacked merit.

Florida Bar Licensing Rules

Any lawyer representing you in court must be licensed by the Florida Bar under Chapter 4 of the Rules Regulating The Florida Bar. Out-of-state counsel may appear only with court approval and a local sponsor (pro hac vice).

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Carefully

The carrier must cite policy provisions for the denial (Fla. Stat. § 626.9541(1)(i)3f). Highlight each reason for later rebuttal.

2. Request a Certified Copy of the Policy

Under Fla. Stat. § 627.4137, the insurer must provide a certified copy within 30 days of your written request. Compare the cited exclusions with exact policy language.

3. Document Damages Thoroughly

• Take date-stamped photos and videos.
• Collect contractor estimates from Longboat Key-based roofers or mitigation companies.
• Keep receipts for emergency repairs, hotel stays, and mold remediation.

4. Invoke Appraisal or Mediation

Many policies include an appraisal clause allowing each side to pick an appraiser and an umpire to determine loss value. Alternatively, request DFS mediation online. Filing is free and sessions usually occur via video conference within 21 days.

5. Send a Statutory Demand

Have counsel prepare a detailed demand letter referencing Fla. Stat. §§ 624.155 and 626.9541. Attach proof-of-loss, estimates, and photos to show the insurer its exposure.

6. File a Civil Remedy Notice (If Necessary)

The online CRN portal is user-friendly; however, inaccuracies can doom a future bad-faith suit, so many Florida attorneys handle this for clients.

7. Litigate—But Mind the Two-Year Deadline

If the insurer refuses to cure, you may file suit in Sarasota or Manatee County Circuit Court, depending on where the property sits. A complaint must allege breach of contract and may later add bad-faith counts once the CRN period expires.

When to Seek Legal Help in Florida

While policyholders can negotiate alone, certain red flags warrant immediate legal consultation:

• Denial based on complex exclusions—e.g., anti-concurrent causation clauses after a storm surge.
• Carrier demanding an EUO (Examination Under Oath) and years of tax returns.
• Large losses—water intrusion in a Gulf-front mansion easily tops $500,000.
• Prior underpayment—a partial payment that is far below independent estimates.

Under Florida law, public adjusters can help value the claim, but only a licensed Florida attorney can file suit or give legal advice. Choose counsel experienced with property insurance claim denial longboat key florida cases and familiar with the Sarasota Division of the Twelfth Judicial Circuit.

Local Resources & Next Steps

State & County Offices

Florida Department of Financial Services Consumer Services – File complaints, request mediation, and look up CRNs.Sarasota County Clerk of the Circuit Court – Online docket search for ongoing insurance lawsuits.Florida DBPR Contractor License Search – Verify local roofers and mold remediators.

Longboat Key Community Contacts

• Town of Longboat Key Building Division: 501 Bay Isles Rd. – Permits and post-storm repair guidelines.
• Longboat Key Chamber of Commerce: For referrals to vetted restoration companies.

Checklists

• Add insurer claim deadlines and the two-year suit deadline to your calendar.
• Collect every written communication from the carrier.
• Consult a policyholder-side firm before signing any release or proof-of-loss accepting underpayment.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every property insurance dispute is fact-specific; consult a licensed Florida attorney regarding 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.