Bad Faith Atty & Property Insurance–Fort Lauderdale, Florida

Introduction

Fort Lauderdale, Florida is no stranger to extreme weather. From the 2020 King Tides that flooded Las Olas Boulevard to 2022’s untimely hailstorm in central Broward County, local homeowners regularly lean on property insurance to protect the single largest investment most families will ever make. Unfortunately, many policyholders discover—often after a burst pipe, roof leak, or hurricane—that their insurer is more interested in protecting its bottom line than paying fair value on legitimate claims. If you are coping with a property insurance claim denial fort lauderdale florida, this guide gives you a step-by-step, Florida-specific road map to fight back. Written with a slight bias in favor of policyholders, it explains your rights under Florida law, why insurers deny claims, and when to call a bad faith insurance attorney.

Every section below is grounded in binding Florida statutes, Florida Administrative Code rules, and published opinions from Florida courts. Citations are kept concise so you can quickly locate the governing authority if you choose to handle your own claim—or if you want leverage when negotiating with an adjuster who says, “That’s just our policy.”

Understanding Your Property Insurance Rights in Florida

Key Contractual Rights

When you purchase a homeowners policy in Fort Lauderdale, you enter a written contract governed by Florida contract law. Section 95.11(2)(b), Florida Statutes, gives you five years from the date of breach (usually the date of underpayment or denial) to file a lawsuit for breach of a written insurance contract. That is your ultimate backstop—though, as discussed below, you must notify the insurer of a loss far sooner.

Statutory Rights Under the Florida Insurance Code

• Right to Prompt Handling – § 627.70131(7)(a): Insurers must pay or deny the claim within 90 days after receiving notice, unless circumstances beyond their control reasonably prevent payment.

• Right to Interest on Late Payments – § 627.70131(5)(a): If payment is late, you are entitled to interest from the date the claim should have been paid.

• Right to a Reasonable Explanation – § 626.9541(1)(i)3.f.: Any denial must be explained in writing with reference to specific policy language.

• Right to Attorney’s Fees – § 627.428 (applicable to policies issued before 12/16/2022): If you prevail in court, the carrier must pay your reasonable attorney’s fees. (Policies issued after this date fall under § 627.70152’s pre-suit notice scheme, which curtails automatic fee shifting.)

Notice of Claim Deadlines – § 627.70132

After the December 2022 special session (SB 2A), Florida tightened the time frames for reporting property losses:

• Initial Notice: 1 year from the date of loss.

• Reopened or Supplemental Claims: 18 months from the date of loss.

Missing these statutory notice windows can forfeit an otherwise valid claim, so act promptly after discovering damage.

Fair Claims Handling Regulations

The Florida Administrative Code (Rule 69B-220.201) sets ethical standards for public adjusters and insurers, including a duty to act in “good faith” when investigating and settling claims. Violations can support a bad-faith lawsuit under § 624.155, Florida Statutes.

Common Reasons Property Insurance Companies Deny Claims in Florida

Knowing why insurers deny claims helps you gather the right evidence and anticipate pushback. Below are the most frequent denial rationales seen by fort lauderdale homeowners:

1. Water Damage Exclusions and “Wear & Tear”

Many policies exclude long-term seepage or “constant or repeated leakage.” Carriers often label a sudden pipe burst as “long-term” to avoid coverage, even when the homeowner had no prior knowledge of the leak.

2. Late Notice

Florida’s updated § 627.70132 notice deadlines give insurers new ammunition. Even a one-day delay past the one-year mark can lead to denial unless you show the delay did not prejudice the carrier’s investigation (see Untiedt v. State Farm Fla. Ins. Co., 309 So. 3d 579, Fla. 4th DCA 2020).

3. Alleged Material Misrepresentation

If the insurer thinks you exaggerated square footage or failed to disclose a previous roof claim, it may rescind the entire policy under § 627.409. Always answer underwriting and claim-related questions accurately, but remember that minor, immaterial mistakes do not void a policy.

4. Concurrent Causation

Under Florida’s “efficient proximate cause doctrine,” if two perils contribute to a loss—one covered (wind) and one excluded (flood)—the dominant cause controls. Carriers often argue the excluded peril was “efficient,” shifting the burden to you to prove otherwise.

5. Matching Disputes

Florida law (Rule 69O-166.031) requires insurers to reasonably match damaged and undamaged portions (e.g., roof tiles, flooring). Denials happen when carriers insist on replacing only individual tiles, leaving obvious mismatches.

Florida Legal Protections & Insurance Regulations

Bad-Faith Remedies – § 624.155

If an insurer fails to settle a claim when under all circumstances it could and should have done so, you may seek extra-contractual damages (above policy limits). You must first file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services (DFS) and allow 60 days for the carrier to cure the violation. Detailed instructions are on the DFS Civil Remedy System portal.

Pre-Suit Notice & Attorney Fee Reform – § 627.70152

For policies issued or renewed on or after December 16, 2022, you must send a 10-day pre-suit notice via DFS’s online form before filing a lawsuit. The statute scraps automatic one-way fee shifting and instead bases attorney’s fees on a sliding scale tied to the difference between the pre-suit offer and final judgment. A seasoned florida attorney can calculate whether the fee-shifting formula favors early settlement or litigation.

Assignment of Benefits (AOB) Restrictions – § 627.7152

Post-2019 reforms limit contractors’ ability to accept an AOB and sue on your behalf. While AOB can streamline emergency mitigation, it may also relinquish control of the claim. Read any AOB document carefully and record a rescission within 14 days if you change your mind.

Regulation of Public Adjusters

• Licensing – § 626.865: Public adjusters must hold a Florida license and a $50,000 surety bond.

• Fee Caps – § 626.854(10)(b): For claims from events that are the subject of a declared state of emergency—such as a hurricane—the public adjuster fee is capped at 10% of the claim proceeds during the first year and 20% thereafter.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Certified Copy of Your Policy

Under § 627.4137, you are entitled to a complete certified policy within 30 days of a written request. Review every endorsement and exclusion.

2. Gather Evidence

• Photographs and videos of damage

• Receipts for emergency repairs (tarps, dry-out services)

• Independent contractor estimates

• Weather data from reputable sources (e.g., NOAA storm reports) to corroborate hail or wind events

3. Obtain a Second Opinion

Hire a licensed Florida public adjuster or a qualified contractor for a competing estimate. In Fort Lauderdale’s competitive roofing market, multiple bids can demonstrate that the insurer’s valuation is unreasonably low.

4. File an Internal Appeal

Most carriers allow you to submit supplemental documentation for reconsideration. Reference the denial letter line-by-line, attach your evidence, and keep everything in writing.

5. Utilize the Florida Department of Financial Services Mediation Program

For residential claims under $50,000, DFS offers free mediation. File the request online; the insurer pays the mediator’s fee. Although non-binding, a strong mediation result can nudge the carrier toward settlement.

6. Send a Civil Remedy Notice (If Appropriate)

If you believe the insurer acted in bad faith, file a CRN as described earlier. Provide detailed facts—vague allegations won’t survive judicial scrutiny (see Julio v. Citizens, 317 So. 3d 222, Fla. 3d DCA 2021).

7. Prepare for Suit

If all else fails, gather your documentation and consult a bad-faith florida attorney. Your lawyer will analyze venue (Broward County Circuit Court for most Fort Lauderdale property disputes), calculate damages (including interest), and comply with § 627.70152’s pre-suit notice when applicable.

When to Seek Legal Help in Florida

Red Flags Requiring Immediate Counsel

• The insurer invokes the policy’s Appraisal Clause but refuses to name a qualified appraiser.

• You receive an Examination Under Oath (EUO) request paired with accusations of fraud.

• The carrier rescinds the policy under § 627.409 citing “material misrepresentation.”

• A denial letter arrives after the 90-day deadline without explanation.

• You face a repair estimate that barely covers your deductible.

Choosing the Right Lawyer

Florida attorneys must be licensed by The Florida Bar and comply with Rule 4-1.5 on contingency fees. Verify the lawyer’s license on the Bar’s website and look for membership in the Windstorm Insurance Network or Florida Justice Association—organizations that emphasize policyholder advocacy.

Attorney Fee Structures

• Contingency Fee: Typically 10-30% of the gross recovery in property cases.

• Hourly Fee: Less common; used when the policy’s appraisal process is invoked.

• Hybrid: Reduced hourly plus contingency if litigation becomes necessary.

Local Resources & Next Steps

Broward County-Specific Help

Broward County Clerk Self-Help Center – Forms and filing instructions if you go pro se. Florida Department of Financial Services Consumer Services – File a complaint or request mediation. The Florida Bar Consumer Pamphlets – Guidance on hiring a lawyer and understanding fee contracts. Florida Office of Insurance Regulation Consumer Resources

Checklist Before You Call an Attorney

• Confirm you reported the loss within the § 627.70132 notice window.

• Organize the denial letter, policy, photos, and estimates in one digital folder.

• Write a brief timeline of events (date of loss, date reported, inspections, communications).

• Calculate your out-of-pocket expenses to date.

Moving Forward

Armed with documentation and a working knowledge of florida insurance law, you are in a much stronger position to demand the benefits you paid for. Remember: insurers have armies of adjusters and lawyers; you deserve an advocate, too.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Every claim is unique. For advice on your specific situation, consult a licensed Florida attorney.

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