Florida Property Insurance Law Guide – Miramar

11 min read

Introduction: Why Miramar Homeowners Need to Understand Florida Property Insurance Law

With its beautiful parks, canal-lined neighborhoods, and easy access to Miami, Miramar is a desirable place to own a home. Yet its location in hurricane-prone Broward County also exposes property owners to significant storm, wind, and water risks. Whether the damage comes from a Category 4 hurricane, a slow-moving tropical storm that dumps more than a foot of rain in 24 hours, or a hidden plumbing leak detected by a local “leak detection company near me,” homeowners rely on their insurers to pay claims promptly and in full. Unfortunately, many Miramar policyholders face claim delays, underpayments, or outright denials just when they need help the most.

This comprehensive guide—written from a policyholder-focused perspective—explains how Florida property insurance law protects Miramar homeowners, outlines common disputes, and provides a clear, step-by-step roadmap to preserve your rights. If your insurer fails to live up to its contractual obligations, you can leverage Florida statutes, regulatory programs, and the courts to hold it accountable. Read on to learn what to do, whom to call, and how a Miramar insurance attorney at Louis Law Group can help you recover every dollar you are owed.

Understanding Florida Property Insurance Law

Key Statutory Framework

Florida insurance is primarily governed by Title XXXVII of the Florida Statutes, which includes Chapters 624, 626, and 627. Policyholders should be familiar with the following provisions:

• Chapter 624 – General insurance powers and organization.

• Chapter 626 – Adjuster and agent regulations, including public adjuster licensing requirements.

• Chapter 627 – Detailed policy and claims requirements, including the Homeowner Claims Bill of Rights (§627.7142) and prompt payment statutes (§627.70131).

Under §627.70131, insurers must:

• Acknowledge receipt of a claim within 14 days.

• Begin an investigation within that time and conduct any needed inspection.

• Pay or deny the claim (in whole or in part) within 90 days, unless factors beyond their control prevent a timely decision.

Florida courts have consistently enforced these timelines, ruling that unexplained delays can support a finding of insurer bad faith (See, e.g., Citizens Prop. Ins. Corp. v. Manor House, LLC, 313 So.3d 579 [Fla. 2021]).

Prompt Pay Rules & Interest Penalties

If an insurer fails to pay undisputed amounts within 90 days, the overdue portion accrues interest at the judgment rate set by the Chief Financial Officer. This penalty is designed to discourage slow-pay tactics that can push homeowners into financial distress after a loss.

Bad Faith Protections for Policyholders

Section 624.155 creates a private cause of action for first-party bad faith. Before filing suit, the insured must serve a Civil Remedy Notice (CRN) on the insurer and the Florida Department of Financial Services (DFS), giving the carrier 60 days to cure the violation. If the insurer fails to do so, the homeowner may seek extracontractual damages—including consequential losses and attorney’s fees—over and above the policy limits.

Common Property Insurance Disputes in Miramar

Miramar’s subtropical climate and aging housing stock create a variety of claim scenarios. Below are the disputes Louis Law Group most frequently sees:

• Hurricane and Windstorm Damage – Roof uplift, missing shingles, water intrusion, and interior mold following hurricanes such as Irma (2017) and Ian (2022). Disputes often involve scope of repair and “matching” issues when only part of a roof or tile floor is damaged.

• Water Damage & Leaks – Hidden plumbing leaks discovered by a leak detection company near me can cause extensive drywall, cabinetry, and flooring damage. Insurers may claim the leak was “pre-existing” or due to poor maintenance.

• Flood vs. Wind Debate – In storm surge cases, insurers attempt to shift responsibility to separate NFIP flood policies. Determining the dominant cause of loss is critical.

• Fire and Smoke Losses – Disputes over cleaning vs. replacement of smoke-impacted contents and structural components.

• Underpayment on ALE (Additional Living Expenses) – Disagreements on reasonable hotel rates, meals, and length of displacement.

Every dispute is fact-intensive, but understanding how Florida law allocates the burden of proof—and leverages pro-policyholder presumptions—can help you push back against unfair denials.

Florida Legal Protections & Regulations

Mandatory Appraisal Clauses

Most homeowner policies require appraisal when the parties disagree on the value of covered damages. Either side may invoke appraisal in writing. Key deadlines:

• In most policies, the requesting party must do so within a reasonable time after the dispute arises—Florida courts often interpret this to be within 60–90 days of the disagreement.

• Each party selects an impartial appraiser within 20 days, who in turn choose an umpire. If they cannot agree on an umpire, either party may petition the Broward County Circuit Court for appointment.

Appraisal is binding as to amount of loss but not coverage disputes. If the insurer continues to deny coverage, litigation may still be necessary.

DFS Mediation Program

The Florida Department of Financial Services mediation program offers an informal, non-binding forum for residential property disputes up to $500,000. Key facts:

• Must be requested within 60 days of a disputed decision.

• Insurer pays the mediator’s fee and must attend in good faith.

• Homeowners may bring counsel or a public adjuster.

While statistics show roughly 50 % of mediations settle, homeowners should prepare by gathering photos, estimates, and expert reports (especially from structural engineers or leak detection specialists).

Statute of Limitations

Effective for losses occurring after July 1, 2021, §95.11 gives policyholders two years from the date of loss to file a property insurance lawsuit (the period was previously five years). Supplemental or reopened claims must be filed within three years. Missing these deadlines could forfeit your right to sue, so act promptly.

Recent Court Rulings of Note

• Johnson v. Omega Ins. Co., 200 So.3d 1207 (Fla. 2016) – Clarified that a policyholder may recover attorney’s fees under §627.428 even if appraisal occurs before litigation, so long as the insurer’s payment was prompted by the suit.

• Procella v. Citizens Prop. Ins. Corp., 352 So.3d 16 (Fla. 4th DCA 2022) – Held that Citizens is not immune from first-party bad faith claims once a final judgment is entered.

• Security First Ins. Co. v. OIR, 232 So.3d 1157 (Fla. 1st DCA 2017) – Upheld OIR’s authority to disapprove policy provisions that restrict post-loss assignment of benefits (AOB), protecting homeowners’ ability to secure emergency repairs.

Step-by-Step Guide After a Property Insurance Dispute

Below is a practical roadmap designed for Miramar homeowners seeking to maximize their claim recovery.

1. Document Everything Immediately

• Take high-resolution photos and videos of all damage, including close-ups and wide shots.

• Keep damaged items (e.g., carpet, drywall) until the adjuster inspects.

• Save moisture-meter readings and thermal imaging logs from your leak detection company.

2. Mitigate Further Damage

Florida law (§627.7012) requires policyholders to take reasonable steps to protect property from further harm. Hire licensed water-remediation specialists or roofers as needed. Keep receipts—your policy typically reimburses these expenses.

3. Obtain Independent Estimates

Do not rely solely on the insurer’s adjuster. Contact at least two reputable contractors for written, itemized estimates that follow Xactimate or similar pricing guidelines.

4. Request a Certified Copy of the Policy

Under §627.4137, insurers must provide a certified copy within 30 days. Reviewing policy endorsements and exclusions with counsel can reveal gaps in the carrier’s position.

5. Keep a Claim Diary

Record every phone call (date, time, representative name, and summary). Save all emails, letters, and text messages. Courts often view a detailed diary as persuasive evidence of an insurer’s delay tactics.

6. Escalate Within the Insurance Company

If the desk adjuster is unresponsive, email the claim supervisor, then the claims manager. Request written status updates under §627.70131(5)(a).

7. Invoke Appraisal or Mediation, If Appropriate

If you and the insurer disagree on price but not coverage, appraisal can produce a binding award. For broader disputes, DFS mediation offers a quicker, low-cost alternative to litigation.

8. File a Complaint with DFS

Use the online portal at DFS Consumer Services. Complaints trigger a regulatory inquiry that often prompts insurer action.

9. Serve a Civil Remedy Notice (CRN)

If delays or lowball offers persist, your attorney can file a CRN under §624.155, starting the 60-day cure clock and preserving bad-faith damages.

When to Seek Legal Help in Florida

Many homeowners understandably try to handle claims on their own, but certain red flags indicate it is time to consult a Miramar insurance attorney:

• Claim remains unpaid or underpaid 90 days after filing.

• Insurer demands an Examination Under Oath (EUO) without clear justification.

• You receive a “Reservation of Rights” letter citing multiple exclusions.

• Coverage is denied based on alleged late notice, wear and tear, or pre-existing damage.

• Carrier threatens to invoke the policy’s “Managed Repair Program,” limiting your choice of contractors.

Louis Law Group focuses exclusively on property insurance disputes across Florida. Our attorneys are licensed in all state and federal courts, have recovered millions for homeowners, and advance all litigation costs, which are only repaid if we win. We coordinate with trusted leak detection firms, engineers, and estimators to build a rock-solid claim file. Best of all, Florida’s fee-shifting statute (§627.428) often forces the insurer—not you—to pay our fees.

Local Resources & Next Steps

Florida Office of Insurance Regulation (OIR) – Market conduct reports and rate filings.

• Broward County Circuit Court – 201 S.E. 6th Street, Fort Lauderdale, FL 33301 (where most Miramar suits are filed).

Broward County Bar Association – Lawyer referral and pro bono resources. Florida Bar Legal Aid Directory – For income-qualified assistance.

In hurricane season, monitor the National Hurricane Center for storm alerts and document “before” photos of your home to streamline any future claim.

Conclusion & Call to Action

Miramar’s climate makes property damage almost inevitable—but financial loss is not. By understanding Florida property insurance law Miramar homeowners gain powerful tools to compel fair treatment. From prompt-pay statutes and appraisal rights to bad-faith remedies, the law favors diligent, well-prepared policyholders.

If your property insurance claim has been delayed, underpaid, or denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review. Let our experienced team fight to secure the compensation you deserve.

Disclaimer: This guide is for informational purposes only and does not create an attorney-client relationship. Laws change frequently; consult a qualified attorney to obtain legal advice tailored to your specific situation.