Bad Faith Ins Atty & Property Insurance Fort Myers, Florida

Introduction: Why Fort Myers Homeowners Need This Guide

Fort Myers, Florida is no stranger to windstorms, tropical systems, and the occasional catastrophic hurricane. Hurricane Ian in 2022, for example, flooded neighborhoods from McGregor Boulevard to the Caloosahatchee River and left thousands of insurance claims in its wake. As rebuilding continues throughout Lee County, many policyholders are facing slow payments, partial payments, or outright denials. If you have experienced a property insurance claim denial Fort Myers Florida, understanding your rights under Florida insurance law is the first step toward getting fairly compensated. This guide—written with a pro-consumer perspective—explains the rules, deadlines, and strategies that can help Fort Myers homeowners fight back against unfair or bad-faith insurance practices.

All information is specific to Florida statutes, regulations, and case law and has been localized for Fort Myers residents. Whether you carry a Citizens windstorm policy for a waterfront condo on Sanibel View Circle or a private-all-risk policy for your single-family home in Gateway, the core legal protections are the same statewide. What varies is how aggressively you may need to enforce those protections. Below we cover your rights, common insurer tactics, key Florida laws, and the practical steps to follow after any denial in Lee County.

Understanding Your Property Insurance Rights in Florida

1. The Right to Prompt Acknowledgment and Adjustment

Under Fla. Admin. Code R. 69O-166.024, insurers must acknowledge receipt of your claim within 14 calendar days, begin an investigation, and keep you reasonably informed. If your carrier leaves you in the dark, it may be violating administrative rules.

2. The Right to a Decision Within 90 Days

Fla. Stat. § 627.70131(7)(a) requires insurers to pay or deny a residential property claim within 90 days after you submit proof of loss—unless factors beyond their control prevent payment. A violation can be evidence of bad faith.

3. The Right to Interest on Late Payments

If the insurer ultimately pays but blows past the 90-day deadline, interest accrues from the date the payment should have been made. This is automatic; you do not need a separate lawsuit to claim interest.

4. The Right to Mediation or Appraisal

The Florida Department of Financial Services (DFS) oversees a free mediation program for most residential property disputes below $50,000. Many Fort Myers homeowners use mediation to resolve scope and pricing disagreements before escalating to litigation.

5. The Right to Sue for Breach of Contract or Bad Faith

If the insurer violates the policy or acts in reckless disregard of your interests, you may file a civil action. A breach-of-contract lawsuit must be brought within five years of the date of loss under Fla. Stat. § 95.11(2)(e). A separate bad-faith action under Fla. Stat. § 624.155 requires that you file a Civil Remedy Notice (CRN) and give the insurer 60 days to cure.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers often rely on a handful of recurring justifications when they deny or underpay. Knowing these arguments—and the counter-arguments—helps policyholders prepare a focused challenge.

• Late Notice: After Senate Bill 2-A (2022 Special Session), policyholders have one year from the date of loss to file an initial claim and 18 months for supplemental claims (Fla. Stat. § 627.70132). Carriers will deny if you miss these deadlines, but courts sometimes toll the period if the insurer was not prejudiced.

• Excluded Cause of Loss: Water damage from rising floodwaters is excluded under most HO-3 policies. However, wind-driven rain entering through a hurricane-damaged roof is typically covered. Distinguishing flood from windwater is critical after a Caloosahatchee storm surge.

• Wear and Tear: Insurers may blame roof leaks on age rather than hurricane uplift. Independent engineering reports and weather data for Fort Myers (e.g., NWS storm reports) can rebut this.

• Pre-Existing Damage: Carriers sometimes cite a previous claim or home inspection. Florida law requires them to prove the damage was pre-existing; it is not your burden to prove the contrary until they meet their burden.

• Misrepresentation or Fraud: A material misstatement during underwriting or claim handling can void coverage. Work with a Florida attorney before giving recorded statements.

Florida Legal Protections & Insurance Regulations

1. Bad Faith Statute (Fla. Stat. § 624.155)

This statute allows an insured to recover extra-contractual damages—including economic and, in some cases, consequential damages—if an insurer does not attempt in good faith to settle a claim. Before suit, you must file a CRN via the DFS portal and allow a 60-day cure period.

2. Unfair Claims Settlement Practices (Fla. Stat. § 626.9541)

Specific violations include denying claims without a reasonable investigation, failing to promptly provide a reasonable explanation of denial, or forcing litigation by offering substantially less than the amount ultimately recovered.

3. Statute of Limitations Overview

• Notice of Loss: 1 year (initial) / 18 months (supplemental) – § 627.70132

• Lawsuit for Breach: 5 years – § 95.11(2)(e)

• Bad Faith Action: 5 years from the conclusion of underlying claim – case law (e.g., Vest v. Travelers 753 So. 2d 1270 (Fla. 2000)).

4. Attorney’s Fees and Assignment of Benefits (AOB) Changes

Recent reforms (SB 2-A and HB 837) eliminated one-way attorney’s fees for AOB disputes but preserved fee-shifting for policyholder-initiated suits under § 627.428 for policies issued before January 1, 2023. Check your policy date.

5. Licensing Rules for Florida Attorneys

Only members in good standing of The Florida Bar may give legal advice on Florida insurance matters. Out-of-state lawyers must obtain pro hac vice approval under Fla. R. Jud. Admin. 2.510. Be sure any lawyer you consult lists an active Florida Bar number.

For a list of disciplinary actions, residents can search the Florida Bar Lawyer Directory.

Steps to Take After a Property Insurance Claim Denial in Florida

Request the Denial Letter in Writing Florida law requires the insurer to state the specific policy language and facts supporting the denial. If the carrier only gave you a phone call, insist on a written letter. Collect Your Evidence

• Photographs and videos of damage (date-stamped)

• Receipts for emergency repairs and materials

• Independent contractor or public adjuster estimates

• Weather data for Fort Myers (wind speeds, rain totals)

File a DFS Mediation Request Use DFS Form DFS-I5-1792 online. Mediation sessions are generally scheduled within 21 days in Southwest Florida, often at the DFS regional office in Tampa or virtually. Serve a Civil Remedy Notice (If Bad Faith Suspected) Through the DFS portal, include detailed facts, policy provisions, and how the insurer can cure (e.g., paying $38,450 for roof replacement). Consult a Licensed Florida Attorney Bring the denial letter, your policy, and all estimates. A lawyer can evaluate whether to sue in Lee County Circuit Court or federal court (Middle District of Florida, Fort Myers Division). Preserve the Damaged Property Fla. Stat. § 627.70131(3) requires you to make reasonable emergency repairs to protect property from further damage, but save the damaged components (e.g., roof shingles) for inspection. Track All Deadlines Put the one-year notice and five-year lawsuit deadlines on your calendar. Missing them can be fatal to your claim.

When to Seek Legal Help in Florida

Hiring counsel is not always necessary, but certain red flags suggest you should contact a bad faith insurance attorney:

• The insurer alleges fraud or misrepresentation.

• You received a “coverage denial” rather than a “partial payment.”

• The carrier asked you to participate in an Examination Under Oath (EUO).

• You believe the denial was retaliatory for hiring a public adjuster.

• The CRN cure period has expired without payment.

A Florida attorney can:

• Issue subpoenas for internal claims notes.

• Depose field adjusters and engineers.

• Retain licensed Florida general contractors as expert witnesses.

• Pursue fee-shifting under § 627.428 when applicable.

Most reputable firms handle these cases on contingency—you owe nothing unless they recover money for you.

Local Resources & Next Steps

1. Government & Nonprofit Agencies

Florida Office of Insurance Regulation – File consumer complaints. Lee County Emergency Management – Disaster recovery updates.

• Florida Legal Services – May provide income-qualified assistance.

2. Fort Myers-Area Contractors & Public Adjusters

Always verify licensure through the Florida Department of Business & Professional Regulation before signing any repair or assignment-of-benefits agreement.

3. Checklist for Fort Myers Homeowners

• Download your full policy PDF and declarations page.

• Photograph progress as you rebuild to document supplemental claims.

• Keep a claim diary of every call, email, and letter (date, time, agent name).

• Schedule annual roof inspections; insurers often request prior maintenance records.

• Store digital backups in the cloud in case another hurricane strikes.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change rapidly, and the application of statutes can vary based on individual facts. 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.