Guide to American Integrity Claim Denials in Miramar, Florida

11 min read

Introduction: Why Miramar Homeowners Need This Guide

If you live in Miramar, Florida, you already know that our beautiful city in Broward County sits in the cross-hairs of Atlantic hurricane season, sudden thunderstorms, and the unique challenges of Florida’s high humidity. These climate risks make homeowners insurance—notably policies issued by American Integrity Insurance Company—essential. Unfortunately, many Miramar homeowners discover their claims are partially or fully denied just when they need coverage the most. This comprehensive guide explains how American Integrity’s claims process works, common reasons for denial, and—most importantly—your legal rights under Florida law. Written with a slight bias toward protecting policyholders, the guide provides practical steps you can take after receiving a denial letter and explains when to involve a Florida-licensed attorney.

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Understanding Your Rights in Florida

The Florida Homeowner Claims Bill of Rights

Under Florida Statute §627.7142—often called the Homeowner Claims Bill of Rights—insurers must acknowledge a claim within 14 days, begin investigating within 10 days after proof of loss, and decide whether to accept or deny the claim within 90 days. If American Integrity fails to meet these deadlines, you may have leverage under state law.

Bad-Faith Protections

Florida recognizes a cause of action for bad-faith insurance practices under Florida Statute §624.155. To bring a bad-faith claim, you must first serve American Integrity with a Civil Remedy Notice (CRN) giving the carrier 60 days to cure the violation. An insurer acting unreasonably, delaying payment without justification, or offering lowball settlements may expose itself to statutory damages—sometimes exceeding policy limits.

Prompt Payment Statutes

Florida’s prompt payment law (§627.70131) adds teeth by imposing statutory interest on payments made after mandated deadlines. If American Integrity takes longer than 90 days, you may be entitled to interest from the date the claim should have been paid.

Two-Year Suit Limitation for Hurricanes

Florida’s §627.70132 gives homeowners just two years from the date of loss caused by hurricanes or windstorms to file suit, though extensions exist for supplemental claims filed within three years. Mark your calendar immediately after a storm.

Common Reasons American Integrity Denies Claims

1. Alleged Late Reporting

American Integrity often cites policy language requiring “prompt notice” of loss. In practice, the carrier may argue that reporting a hurricane roof leak months later constitutes late notice, shifting the burden to you to prove the delay did not prejudice the insurer.

2. Wear and Tear vs. Sudden Damage

Policies generally exclude damage due to “wear and tear, marring, or gradual deterioration.” Insurers may re-characterize a hurricane-blown shingle loss as pre-existing. Independent expert opinions (roofers, engineers) can counter this tactic.

3. Water Damage Exclusions

Many American Integrity policies exclude or limit coverage for water that enters from “wind-driven rain” unless there is an opening created by wind. Denials frequently hinge on whether a moisture path can be linked to storm-created openings, making prompt tarping and forensic moisture mapping critical.

4. Failure to Mitigate

The standard American Integrity HO-3 form requires policyholders to “take reasonable steps to protect the property from further damage.” Denials may assert you did not use tarps or dehumidifiers quickly enough, even when contractor shortages plague post-storm Miramar.

5. Alleged Fraud or Misrepresentation

When claim amounts escalate—especially with public adjuster involvement—American Integrity may open a fraud investigation. Florida law allows rescission for intentional material misrepresentations, but accidental inaccuracies generally do not void coverage.

Florida Legal Protections & Regulations

Oversight by the Florida Office of Insurance Regulation (OIR) and DFS

The Florida Office of Insurance Regulation (OIR) licenses and monitors American Integrity’s financial solvency and market conduct. Meanwhile, the Florida Department of Financial Services (DFS) Consumer Services Division assists homeowners with mediation and complaints.

Regulatory Complaint Process

• File a complaint online via the DFS portal or call 1-877-693-5236.

• The insurer has 20 days to respond in writing.

• DFS issues findings; unresolved disputes may move to mediation or appraisal.

Mandatory Mediation for Residential Property Claims

Under §627.7015, Florida offers state-sponsored mediation within 60 days of a claim dispute. American Integrity must pay the $350 fee if you accept. Although non-binding, mediation often secures additional funds without full litigation.

Notable Court Precedents

• Maronda Homes Inc. v. American Integrity Ins. Co., 118 So.3d 876 (Fla. 2d DCA 2013) – clarified that exclusions must be read narrowly and ambiguities resolved in favor of the insured.

• American Integrity Ins. Co. v. Estrada, 276 So.3d 905 (Fla. 3d DCA 2019) – held the carrier could not deny sinkhole coverage where the policyholder complied with statutory testing requirements.

Civil Remedy Notice (CRN) Strategy

Filing a CRN via the DFS online portal is often the critical step before suing American Integrity for bad faith. Detail every statutory violation, supply evidence, and demand specific dollar amounts.

Steps to Take After an American Integrity Denial

Review the Denial Letter Identify the precise policy language American Integrity cites (e.g., “Section I – Exclusions, b(1) wear and tear”). Understanding the basis guides your next move. Gather Documentation Collect photographs, repair invoices, weather reports for Miramar (NOAA or NWS Miami), and any prior maintenance records. Consistent documentation undercuts wear-and-tear arguments. Request a Certified Policy Copy Florida law entitles you to a complete certified policy within 30 days of a written request. Compare your copy to the one American Integrity relies on; discrepancies can nullify exclusions. Consider an Independent Inspection Hire a licensed roofer, engineer, or mold assessor. Their unbiased report can expose flawed insurer adjuster findings. Invoke the Appraisal Clause Most American Integrity policies include an appraisal provision. It requires each side to pick an appraiser and an umpire. Appraisal resolves amount of loss disputes but not coverage disputes. Timely written demand is crucial. File a DFS Mediation Request Mediation is low cost, non-binding, and signals seriousness while preserving your lawsuit rights. Send a Civil Remedy Notice When the dispute involves unreasonable denial or delay, file a CRN, providing American Integrity 60 days to cure. Failure to cure paves the way for a bad-faith suit under §624.155. Consult a Florida-Licensed Attorney Legal counsel can interpret policy language, negotiate, and litigate. Under Florida’s one-way attorney fee statute (§627.428), American Integrity may have to pay your legal fees if you prevail.

When to Seek Legal Help in Florida

You should strongly consider retaining counsel if:

• American Integrity alleges fraud or misrepresentation (policy rescission is on the table).

• You face a statute of limitation deadline (two years for hurricane claims).

• You received a lowball offer far below contractor estimates.

• Your property has complex damages—e.g., concurrent wind and flood, or significant mold infiltration.

• American Integrity refuses to engage in appraisal or mediation in good faith.

The attorneys at Louis Law Group focus on insurance disputes statewide. They can:

• Analyze your policy for ambiguous exclusions.

• Draft and file Civil Remedy Notices.

• Engage qualified experts to bolster your claim.

• Navigate appraisal, mediation, or litigation efficiently.

Remember: Consultation fees are often contingency-based, meaning no fee unless they recover money for you.

Local Resources & Next Steps

Key Agencies and Contacts

Florida Department of Financial Services – Consumer Services Phone: 1-877-693-5236 Website: myfloridacfo.com Florida Office of Insurance Regulation (OIR) Complaints & Market Conduct Reports: floir.com Broward County Bar Association Lawyer Referral Service Phone: 954-764-8310

Checklist for Miramar Homeowners

• Calendar the 90-day insurer decision deadline and two-year lawsuit deadline.

• Photograph and video all damage before and after temporary repairs.

• Keep receipts for tarps, fans, dehumidifiers, and hotel stays.

• Request mediation within 60 days of dispute.

• Call Louis Law Group at 833-657-4812 for a free case evaluation.

Climate & Weather Risks Unique to Miramar

Miramar’s proximity to the Everglades amplifies moisture, leading to fast mold growth after water intrusion—one of the most contested coverage areas with American Integrity. Additionally, coastal storms funnel heavy rainfall through the South Florida metropolitan corridor, burdening aging roofing systems common in 1990s-era Miramar subdivisions. Understanding these local risks supports causation arguments in your claim.

Legal Disclaimer

This guide provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and regulations change; consult a qualified Florida-licensed attorney for advice regarding your specific situation.

Take Action Now

If your American Integrity claim was denied—or you sense a lowball offer is coming—don’t wait until deadlines expire. Call Louis Law Group today at 833-657-4812 for a free policy review and case evaluation. Let experienced Florida insurance attorneys fight for the coverage you paid for.