Bad Faith Insurance & Property Insurance Guide – Riviera Beach, Florida

Introduction: Why Riviera Beach Homeowners Need This Guide

Riviera Beach, Florida is no stranger to severe weather. Located on the Atlantic coast in Palm Beach County, the city regularly contends with tropical storms, hurricanes, and year-round humidity that can accelerate roof and plumbing deterioration. Whether you live in a waterfront condo near Singer Island or a single-family home in the Park Manor neighborhood, you rely on property insurance as your financial safety net. Yet many Riviera Beach homeowners discover that when disaster strikes, their insurer delays, underpays, or flat-out denies valid claims. If you have experienced a property insurance claim denial riviera beach florida, you are not alone—and you are not powerless. This comprehensive guide explains Florida-specific insurance rights, common denial tactics, and the practical steps you can take to protect your home and pocketbook. While the focus is statewide, we highlight local procedures, agencies, and resources that matter most to Riviera Beach residents. Keep this guide handy the next time you speak with an adjuster, file supplemental documents, or consult a Florida attorney.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract—And It Binds Both Parties

Under Florida contract law, your homeowners policy obligates you to pay premiums and comply with post-loss duties (e.g., prompt notice, mitigation of damage), but it also obligates the insurer to investigate, adjust, and pay covered losses in good faith. Florida Statutes §95.11(2)(b) allows you five years from the date of loss to file a lawsuit for breach of an insurance contract. That timeline matters if negotiations stall or the carrier refuses to act.

2. Prompt Claim Handling Requirements

Florida Statutes §627.70131(5)(a) requires insurers to pay or deny a residential property claim within 90 days after receiving notice, unless factors beyond their control prevent them from doing so. If your carrier drags its feet, you can cite this statute and request immediate action.

3. Detailed Claim Explanation

When an insurer denies or partially denies a claim, §627.70131(7) obligates it to provide a “reasonable explanation in writing” referencing specific policy language. If you received a vague denial letter, demand a compliant, detailed explanation in writing.

4. Bad Faith Remedies

Florida’s Bad Faith Statute, §624.155, permits policyholders to recover extra-contractual damages if the insurer knowingly or recklessly fails to settle claims when it could and should have done so. Before suing for bad faith, you must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services (DFS) and give the carrier 60 days to cure its misconduct.

5. Attorney’s Fees and Costs

Section 627.428 (for older policies) and §627.70152 (for new suits filed after July 2021) allow prevailing insureds to recover reasonable attorney’s fees from their carrier, making it easier to hire counsel even if you cannot afford upfront legal costs.

6. Hurricane & Windstorm Deadlines

Florida Statutes §627.70132 imposes a three-year deadline from the date a hurricane makes landfall—or windstorm causes damage—to give written notice of a claim, supplemental claim, or reopened claim. Missing this notice window can be fatal, so act quickly after storms such as Hurricane Nicole (2022) or Hurricane Ian (2022), which affected parts of Palm Beach County.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers employ several strategies to limit payouts statewide, but certain tactics routinely frustrate riviera beach homeowners:

• Wear and Tear Exclusions – Carriers often blame roof leaks on age-related deterioration rather than wind damage. Florida’s climate accelerates corrosion, giving adjusters an easy excuse.

• Late Notice – Even when reported within the five-year suit limitations period, insurers may allege prejudice because the insured waited weeks or months to report the loss.

• Failure to Mitigate – If you did not place a tarp or promptly dry water-damaged areas, carriers may argue you allowed further damage, a common dispute after heavy summer thunderstorms in Riviera Beach.

• Water Damage Limitations – Policies issued after 2017 may limit coverage for long-term water leaks to $10,000 unless you purchase an endorsement. Insurers sometimes misapply this limitation to sudden pipe bursts.

• Excluded Flood Damage – Standard homeowners policies exclude flood; however, wind-driven rain or roof damage that allows rain inside should be covered. Disentangling “flood” from “windstorm” is a frequent point of contention following hurricanes.

• Alleged Non-Compliance with Policy Duties – Missing documents, delayed EUO (examination under oath), or incomplete proof-of-loss forms can give carriers leverage to deny.

• Improperly Scoped Repairs – Insurers may agree the damage is covered but severely underestimate repair costs using out-of-date pricing databases.

Knowing these patterns empowers you to prepare evidence—such as pre-loss photos, sworn affidavits, and independent contractor estimates—before the carrier creates a denial record.

Florida Legal Protections & Insurance Regulations

Regulatory Agencies

The Florida Office of Insurance Regulation (OIR) supervises insurers’ financial solvency, while the DFS Division of Consumer Services mediates complaints and houses the CRN database. Riviera Beach residents can file formal complaints online or call the DFS helpline (1-877-693-5236).

Civil Remedy Notice (CRN)

To preserve a statutory bad faith claim under §624.155, policyholders must:

• Log in to DFS’s CRN portal.

• Identify the insurer, policy number, and specific statutory violations.

• Describe the facts and damages with enough detail to allow the carrier to cure.

• Wait 60 days; if the insurer fails to pay or otherwise cure, you may sue for bad faith damages.

Assignment of Benefits (AOB) Restrictions

Recent reforms (2019-2023) curb contractors’ and mitigation companies’ ability to sue your insurer directly. Under §627.7152, an AOB must meet strict formatting requirements and give carriers inspection opportunities. Homeowners should weigh the pros and cons before signing any AOB in Riviera Beach.

Mandatory Pre-Suit Notice & Appraisal

Effective 2021, §627.70152 requires insureds (or their attorneys) to submit a pre-suit notice at least 10 business days before filing a lawsuit, including a detailed estimate. This statute also imposes a sliding scale for attorney fee awards based on the judgment percentage compared to the carrier’s offer.

Florida Building Code & Matching Statute

Florida Statutes §626.9744 (often called the “matching statute”) obligates insurers to pay to match undamaged materials—such as tile, shingles, or flooring—so the repaired area is reasonably uniform. Knowledge of local building code upgrades, especially the Palm Beach County amendments, is vital when negotiating roof or window replacements.

Steps to Take After a Property Insurance Claim Denial in Florida

• Request the Complete Denial File Under Florida Administrative Code 69B-220.051, insurers must make claim files available for regulatory review. You can demand all adjuster notes, photographs, and expert reports that shaped the decision.

• Gather Your Own Evidence Hire a licensed Florida public adjuster or independent engineer to prepare an unbiased estimate. Many professionals in Palm Beach County offer free initial inspections.

• Review Your Policy Line by Line Locate the declarations page, loss settlement provisions, hurricane deductibles, and endorsements. Confirm whether your policy uses Actual Cash Value (ACV) or Replacement Cost Value (RCV).

• File a Supplement or Re-Opening Florida’s three-year hurricane notice period and five-year breach-of-contract limitations allow you to submit new evidence. Provide a sworn proof of loss with updated estimates and photographs.

• Initiate Appraisal (If Applicable) Many policies include an appraisal clause. Written demand triggers a quasi-arbitration where each side selects an appraiser and those appraisers choose an umpire. An appraisal award is binding on the amount of loss but not on coverage disputes.

• Contact DFS Consumer Services The state agency can mediate free of charge and sometimes nudges carriers to reconsider low offers.

• Document All Communications Keep a claim journal noting call dates, names, and promised actions. Save every email and letter; these records become crucial evidence if litigation is required.

When to Seek Legal Help in Florida

Recognizing the Red Flags

• Carrier ignores your calls or repeatedly postpones inspections.

• Lowball offer is less than 50% of licensed contractor estimates.

• Denial cites ambiguous or broad exclusions without policy citations.

• Insurer requests multiple EUOs or onerous document demands without clear purpose.

Choosing the Right Florida Attorney

Under the Rules Regulating The Florida Bar, only attorneys admitted in Florida may give legal advice on Florida insurance disputes. Verify that any florida attorney you consult is in good standing via the Florida Bar Lawyer Directory. Ask about:

• Experience with bad faith litigation and jury trials.

• Fee structure under §627.428 or §627.70152.

• Recent verdicts or settlements in Palm Beach County.

A knowledgeable bad faith insurance attorney can draft the Civil Remedy Notice, navigate pre-suit notice requirements, and file suit in Palm Beach County Circuit Court if necessary.

Local Resources & Next Steps for Riviera Beach Residents

Government & Consumer Agencies

DFS Division of Consumer Services – File complaints, mediation requests, and CRNs. Visit Florida Department of Financial Services Division of Consumer Services.

• Palm Beach County Clerk of the Circuit Court – Docket searches and lawsuit filing info for property insurance suits.

• City of Riviera Beach Building Division – Obtain building permits and code compliance records that may support your claim.

Professional Help

• Licensed Florida Public Adjusters – Provide independent damage assessments; search the DFS license database before hiring.

• IICRC-Certified Water Mitigation Companies – Offer detailed moisture mapping to counter "pre-existing damage" denials.

• Roofing Contractors Familiar With FBC 2020 – Can produce line-item estimates reflecting local code-required upgrades.

Education & Training

Review statutes directly at Florida Statutes Chapter 627. Track enforcement actions by visiting the Florida Office of Insurance Regulation.

Armed with accurate information and local support, Riviera Beach homeowners can shift the balance of power back toward policyholders.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and the application of law can vary based on specific facts. Always consult a licensed Florida attorney about your particular situation.

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