Bad Faith Insurance Attorney: Longwood Property Insurance

Introduction: Why This Guide Matters to Longwood Homeowners

Longwood, Florida—nestled in Seminole County and just a quick drive north of Orlando—has long been prized for its oak-canopied neighborhoods, good schools, and proximity to both the Atlantic coast and Central Florida attractions. Yet those very geographical perks come with weather-related risks that every property owner in Longwood knows too well. From sudden summer thunderstorms that flood Markham Woods Road to the outer bands of hurricanes that rattle historic homes near Downtown Longwood, property damage is a reality that local residents must prepare for.

Unfortunately, even diligent Longwood homeowners who keep policies current and roofs patched can face an unexpected headache: property insurance claim denial. When insurers wrongfully deny, delay, or underpay claims, policyholders often feel powerless. This guide—written with a slight, homeowner-friendly bias—shows you exactly how Florida law protects policyholders and how a bad faith insurance attorney can help when an insurer refuses to honor its promises.

Below you will find clear explanations of Florida statutes, deadlines, and actionable steps tailored to Seminole County residents. Every fact is sourced from authoritative Florida regulations, court opinions, or agencies. Our goal is simple: arm Longwood homeowners with the knowledge and confidence to fight back.

Understanding Your Property Insurance Rights in Florida

The Florida Homeowner Claims Bill of Rights

Enacted in 2014 and codified at Florida Statutes § 627.7142, the Homeowner Claims Bill of Rights puts critical consumer protections onto a single sheet that insurers must send to policyholders within 14 days of receiving a claim stemming from hurricane or windstorm damage. Among other things, you have the right to:

• Receive acknowledgment of your claim within 14 days.

• Obtain confirmation of coverage decision (in writing) within 30 days after you provide a sworn proof of loss, if your insurer requests one.

• Receive full or partial payment (or a written denial) within 90 days of submitting notice of loss.

These rights apply statewide, so Longwood homeowners should demand these timelines be honored.

Bad Faith Statute: Florida Statutes § 624.155

When an insurance company “fails to settle a claim in good faith,” Florida law grants policyholders—or their assignees—the power to sue for extra-contractual damages. Under § 624.155, you must first file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services (DFS) and give the insurer 60 days to cure the violation. If they don’t, you may recover damages exceeding policy limits, including attorney fees.

Unfair Claim Settlement Practices

Florida Statutes § 626.9541(1)(i) details unfair methods of competition and deceptive acts. Common violations include failure to conduct a reasonable investigation and misrepresenting pertinent facts or policy provisions. Proving these acts can set the foundation for a successful bad-faith action.

Statute of Limitations

• Five years for breach-of-contract suits on a property insurance policy (Florida’s general contract limitation, § 95.11(2)(b)).

• Three years from the date a hurricane makes landfall for hurricane or windstorm claims (§ 627.70132).

• Civil Remedy Notice for bad faith must be filed within the five-year contract period.

Missing these deadlines can permanently bar recovery, so mark your calendar the moment damage occurs.

Common Reasons Property Insurance Companies Deny Claims in Florida

While each policy has unique language, adjusters often cite recurring “technicalities” to deny or underpay. Longwood homeowners frequently report the following:

• Wear and Tear Allegations: Insurers may say roof leaks stem from “age-related deterioration” rather than covered wind damage.

• Water Damage Exclusions: Many policies differentiate between sudden pipe bursts (often covered) and long-term seepage (generally excluded). Disputes often arise over the timing of moisture buildup, especially in humid Central Florida.

• Late Notice: Insurers will deny if they claim you waited an “unreasonable” time to report damage—even if you notified them as soon as you discovered hidden damage behind drywall.

• Pre-Existing Damage: Following hailstorms or hurricanes, carriers sometimes blame damage on prior events, hoping homeowners lack older inspection records.

• Improper Mitigation: If you failed to take reasonable steps to prevent further damage (e.g., tarping a roof), carriers might deny coverage under the “duties after loss” clause.

Always read your “Loss Settlement” and “Duties After Loss” provisions so you can counter these denial tactics.

Florida Legal Protections & Insurance Regulations

The Role of Florida Department of Financial Services (DFS)

The DFS regulates claims handling and maintains the statewide Civil Remedy Notice database. Homeowners can file consumer complaints or view an insurer’s bad-faith history via the DFS website. According to DFS Annual Reports, consumer complaints often peak in the months following major storms, underscoring the importance of prompt action.

Prompt Pay Statute

Florida’s “prompt pay” law (§ 627.70131) requires insurers to pay undisputed amounts within 90 days after receiving notice of an initial, reopened, or supplemental claim. Violations can entitle policyholders to interest penalties.

Attorney’s Fees & Assignment of Benefits (AOB)

Under § 627.428, a policyholder who prevails in a coverage dispute is entitled to reasonable attorney’s fees, a strong deterrent against insurer stonewalling. The 2019 AOB reform (§ 627.7152) limits contractor-initiated suits but preserves homeowner rights to pursue carriers directly.

Florida Administrative Code 69O-166

This rule requires insurers to maintain written standards for the proper investigation of claims. Failure to follow internal guidelines can evidence bad faith.

Steps to Take After a Property Insurance Claim Denial in Florida

• Request the Denial in Writing – Florida law entitles you to a written explanation. Compare the adjuster’s reasons with policy language.

• Gather Evidence – Photographs, drone footage, contractor estimates, and pre-loss inspection reports can rebut “wear and tear” claims.

• Obtain an Independent Damage Assessment – A licensed Florida public adjuster or structural engineer can produce a report the court will respect.

• Review the Statutes – Verify timelines under § 627.70131 and § 627.7142 to see if the insurer missed a statutory deadline—often a bargaining chip.

• File a Consumer Complaint – The DFS consumer services division accepts online complaints. This often triggers quicker responses from carriers.

• Send a Notice of Intent to Litigate (Pre-Suit Notice) – For residential property disputes filed after 2021, § 627.70152 requires a 10-day pre-suit notice outlining the dispute amount.

• Consider a Civil Remedy Notice – If you suspect bad faith, filing a CRN under § 624.155 starts the 60-day cure clock.

• Consult a Bad Faith Insurance Attorney – An experienced Florida attorney can ensure you meet pre-suit notice rules and avoid dismissal traps.

Throughout these steps, document every phone call, email, and inspection. A detailed paper trail may later translate into persuasive exhibits.

When to Seek Legal Help in Florida

Threshold Indicators

• Your claim involves hurricane damage or exceeds $50,000.

• The insurer has missed statutory deadlines or keeps requesting repetitive inspections.

• You receive a “low-ball” offer far below independent estimates.

• The carrier inaccurately cites policy exclusions or misrepresents coverage.

Choosing the Right Attorney

Florida attorneys must be licensed by The Florida Bar and remain in good standing. Look for counsel who:

• Regularly files Civil Remedy Notices and litigates under § 624.155.

• Practices in Seminole County courts (geographically convenient for Longwood).

• Works on contingency, advancing costs until you recover.

The Cost Question

Because § 627.428 shifts attorney’s fees to insurers when policyholders win, many reputable firms defer fees entirely. Ask prospective counsel to explain fee structures upfront.

Local Resources & Next Steps

Government & Consumer Resources

Florida Department of Financial Services – File consumer complaints, submit a Civil Remedy Notice, and access mediation programs. Florida Office of Insurance Regulation – Research an insurer’s financial strength and complaint history. Seminole County Clerk of Court – Look up docket information if litigation becomes necessary.

Longwood-Specific Tips

Because Longwood sits amid mature tree canopies, wind-blown limbs cause frequent roof punctures. Keep arborist receipts and annual roof inspections; they help disprove “pre-existing damage” defenses. Also, Seminole County offers free sandbag pickup before major storms—photograph these mitigation efforts to show you were proactive.

Your Action Plan

• Secure the property and prevent additional damage.

• Notify your carrier immediately and demand written confirmation.

• Schedule an independent inspection within 14 days.

• Maintain a claim diary: dates, names, phone numbers.

• Consult a bad faith insurance attorney if the carrier drags its feet beyond 30 days.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and every 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.