Flagler Beach, Florida Property Insurance BadFaith Attorney

Introduction

Nestled between the Matanzas River and the Atlantic Ocean, Flagler Beach, Florida is known for its six-mile shoreline, pastel-colored pier, and laid-back Old Florida charm. Unfortunately, life on the coast also means exposure to tropical storms, hurricanes, and salt-air corrosion. For Flagler Beach homeowners, a reliable property insurance policy is as essential as hurricane shutters. Yet even the most responsible policyholders can face a property insurance claim denial flagler beach florida. When that happens, knowing your legal rights—and how to enforce them—is the key to safeguarding your biggest investment and keeping your family secure.

This guide walks you through every stage of a Florida property insurance dispute, with a special focus on rights recognized under the state’s bad faith insurance law. While the information applies statewide, examples, resources, and tips are tailored for Flagler Beach homeowners who may need a dedicated florida attorney after a claim denial or lowball offer.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Enforces It

When you buy a homeowners or condominium insurance policy, you and the insurer enter into a written contract. Under Fla. Stat. § 95.11(2)(b), Florida provides a five-year statute of limitations for suits alleging breach of a written contract. That means you generally have up to five years from the date of breach (often the date of denial or underpayment) to sue your carrier. Missing this deadline can forever bar recovery, so track it carefully.

2. Reporting Deadlines: Don’t Wait Too Long

Florida also imposes shorter “notice” deadlines for reporting losses. For example, Fla. Stat. § 627.70132 requires policyholders to give notice of most hurricane and windstorm losses within one year of the date of loss (three years if the loss occurred before January 1, 2023). Failing to report within these windows can give insurers an easy reason to deny the claim.

3. The Homeowner Claims Bill of Rights

Adopted in 2014, the Florida Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142) sets standards that carriers must follow after you report a claim. Among other things, it entitles you to:

• Written acknowledgment of your claim within 14 days.
• Prompt review and decision—carriers must pay or deny claims within 90 days unless exceptional circumstances apply.
• Interest on overdue payments.

4. The Right to a Reasonable Investigation

Section 626.9541(1)(i)3 of the Florida Statutes makes it an unfair claims practice for an insurer to deny a claim without conducting a reasonable investigation. If you suspect your carrier rubber-stamped a denial, Florida law gives you powerful leverage.## Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely say “We just don’t feel like paying.” Instead, they cite policy terms—often correctly, sometimes incorrectly. The most frequent denial reasons in Flagler Beach and statewide include:

Late Notice The carrier alleges you did not file “prompt notice” or missed the statutory deadline under § 627.70132.Wear and Tear Exclusion Salt-air corrosion, aging shingles, and rusted fasteners are common along the Flagler coast. Insurers often say damage is due to “long-term deterioration” rather than a covered event.Flood vs. Wind Standard homeowners policies cover wind but exclude surface water (flood). After hurricanes, carriers sometimes attribute interior damage to storm surge, shifting the burden to FEMA flood insurance—even when wind opened the roof first.Pre-Existing Damage Insurers may argue a cracked foundation or stucco was there before the storm. Obtaining dated photos or inspection reports can rebut this.Material Misrepresentation If the application misstated roof age or prior losses, the carrier may attempt rescission. Florida law is strict: misstatements must be material and related to the claim. Each denial reason has a tactical response. Understanding that response is half the battle.

Florida Legal Protections & Insurance Regulations

1. Bad Faith Statute – Fla. Stat. § 624.155

When an insurer denies, delays, or underpays a valid claim without “due regard for the interests of the insured,” it may be liable for bad faith. Section 624.155 lets homeowners recover extra-contractual damages—including emotional distress and possibly punitive damages—if they first file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services (DFS) and give the insurer 60 days to cure.

2. Appraisal and Mediation

Many policies contain an appraisal clause letting either side demand a neutral evaluation of loss value. Separately, DFS offers a free or low-cost mediation program under F.A.C. 69J-166.031. Mediation is non-binding but often motivates quick settlement.

3. Attorney’s Fees for Policyholders

Under amendments to Fla. Stat. § 627.428 (now renumbered § 624.1552 for suits filed after Dec. 16, 2022), courts may award “prevailing party” fees in residential property actions. This shifts the financial burden to insurers when they unreasonably contest valid claims.

4. Citizens Property Insurance Corp. Specifics

Many coastal Flagler homes are insured by state-run Citizens. Citizens enjoys limited sovereign immunity, but the Florida Supreme Court confirmed in Citizens Prop. Ins. Corp. v. Manor House, LLC, 313 So.3d 579 (Fla. 2021), that policyholders cannot recover extra-contractual consequential damages against Citizens—but they can still sue for breach of contract.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Full Denial Letter and Claim File

Under DFS rules, insurers must provide a written explanation citing specific policy provisions. Ask in writing for the complete adjuster report, engineers’ findings, photographs, and claim diary. These documents often reveal investigative gaps.

2. Review the Policy

Locate the declarations page, insuring agreement, exclusions, and endorsements. Pay special attention to hurricane deductibles (typically 2%–5% of dwelling limit) and anti-concurrent causation clauses.

3. Document Everything

• Take high-resolution photos and videos of damage.
• Keep receipts for temporary repairs (blue tarps, dehumidifiers).
• Maintain a call log of every conversation with the carrier.

4. File a Civil Remedy Notice (If Bad Faith Suspected)

You or your attorney must file the CRN via the DFS online portal, describe the violation, and list a cure amount. The insurer then has 60 days to pay the claim or risk bad-faith exposure.

5. Consider Appraisal or Mediation

If the dispute is purely about how much, appraisal can be quicker than litigation. For coverage disputes, DFS mediation provides a neutral forum and can be requested within 90 days of the insurer’s notice of right to mediate.

6. Litigation

If all else fails, a lawsuit in the Flagler County Circuit Court (Seventh Judicial Circuit) may be necessary. Under § 95.11(2)(b), you generally have five years, but earlier action preserves evidence and interest.

When to Seek Legal Help in Florida

Some homeowners navigate minor disputes alone, but these red flags signal you should contact a florida attorney immediately:

• The insurer alleges fraud or misrepresentation.
• Your home is unlivable, and Additional Living Expense (ALE) benefits are denied.
• You receive a “reservation of rights” letter.
• The carrier demands an Examination Under Oath (EUO).
• A Citizens Property “Notice of Intent to Litigate” deadline is approaching.

Florida lawyers must be admitted to The Florida Bar under Chapter 4 of the Rules Regulating The Florida Bar. Verify licensure and specialization in property insurance before retaining counsel.## Local Resources & Next Steps

1. Flagler County Emergency Management

After a storm, check damage assessment updates and temporary shelter information on the county website.

2. DFS Consumer Services

Call 1-877-MY-FL-CFO or file complaints online. Their mediation service is often the first formal step toward resolution. Florida Department of Financial Services Consumer Resources### 3. Building Officials Association of Florida (Flagler Branch)

Obtain past permits and inspection reports to counter claims of pre-existing damage.

4. Public Adjusters

Licensed under Fla. Stat. § 626.854, public adjusters can re-estimate damage. Fees are capped at 10% of new money on declared emergencies.

Remember: Do not sign an Assignment of Benefits (AOB) contract without legal review. 2022 reforms (Fla. Stat. § 627.7152) limited but did not eliminate AOB pitfalls.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Property insurance disputes involve complex facts and deadlines. Always consult a licensed Florida attorney about 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.

Authoritative References

Florida Statute of Limitations – § 95.11Notice of Property Insurance Claims – § 627.70132Florida Office of Insurance RegulationDFS Hurricane Claims Mediation