Guide to Property Insurance Claim Rights—Miramar, Florida

Introduction: Why Miramar Homeowners Need a Localized Guide

Miramar, Florida, sits in the western portion of Broward County—a region frequently struck by tropical storms, heavy summer downpours, and the occasional hurricane. From the gated communities along Miramar Parkway to older single-story homes near the Florida Turnpike, nearly every residence is exposed to wind, water, and lightning risks. When a roof leaks after a strong thunderstorm or appliances short-circuit following a power surge, Miramar homeowners turn to their property insurers for help. Unfortunately, many residents discover that the claims process is slow, confusing, or ends with an unexpected denial. This guide is written with a slight bias in favor of policyholders and is designed to empower you with clear, Florida-specific information so you can protect your largest investment—your home.

We follow only authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts. If your insurer has already denied or underpaid your claim—or if you simply want to prepare in advance—read on for a step-by-step approach framed for Miramar homeowners.

Understanding Your Property Insurance Rights in Florida

The Florida Homeowner Claims Bill of Rights

Under Fla. Stat. § 627.7142, every residential policyholder is entitled to a written Homeowner Claims Bill of Rights after they report a claim. Key takeaways include:

• Timely acknowledgment: Your insurer must acknowledge receipt of your claim within 14 days.

• Prompt decision-making: The insurer has 90 days to pay, deny, or partly deny the claim once it has received notice and all requested information (Fla. Stat. § 627.70131(7)).

• Transparency: You have the right to receive an estimate of damages—even if it is prepared by an adjuster hired by the carrier.

Statutes of Limitation and Claim Deadlines

Florida imposes two different timeframes policyholders must keep in mind:

• Notice of claim: For any property loss, you generally have one year from the date of loss to give initial notice to your insurer (Fla. Stat. § 627.70132).

• Filing a lawsuit: If the carrier breaches the contract, you typically have five years from the date of breach to sue, per Fla. Stat. § 95.11(2)(e).

Because hurricanes are common in Miramar, note that hurricane-related reopened or supplemental claims must be provided within 18 months. Missing these deadlines can be fatal to your case.

Your Right to Participate in Florida’s DFS Mediation Program

Section 627.7015 of the Florida Statutes authorizes a free, state-sponsored mediation program. Either party may request mediation within 90 days of a first-party property claim denial. For Miramar homeowners, mediation sessions are held virtually or at offices in Fort Lauderdale, a short drive east on I-595.

Protective Measures Required of Homeowners

Policyholders must mitigate further damage (e.g., tarping a roof) and collect documentation—photos, receipts, and repair invoices—so the claim can be properly adjusted. Failing to do so can give the insurer a legitimate reason to reduce or deny payment.

Common Reasons Property Insurance Companies Deny Claims in Florida

Understanding why your claim may be denied puts you in a stronger position to challenge the carrier’s decision. The most frequent denial rationales we see in Miramar are:

• Late notice: The insurer alleges you did not report the loss within the statutory or policy deadline.

• Wear and tear exclusion: Roof damage is blamed on age rather than a covered cause such as wind.

• Pre-existing damage: Claims may be rejected if the carrier asserts you failed to maintain the property.

• Water damage limitations: Policies often cover sudden and accidental discharge but exclude slow leaks lasting more than 14 days; see Fla. Stat. § 627.7011(2).

• Fraud or misrepresentation: If the insurer believes information was withheld or exaggerated, they may void coverage.

• Violation of post-loss duties: Missing an Examination Under Oath (EUO) or refusing to turn over documents can terminate coverage.

Carriers use these reasons to limit payouts, but each defense has exceptions and must be proven. A hurricane‑damaged roof in Silver Lakes subdivision, for example, is rarely dismissed simply as wear and tear if high winds reached record speeds, as documented by the National Weather Service.

Florida Legal Protections & Insurance Regulations

Prompt Pay Requirements

Under Fla. Stat. § 627.70131, insurers must pay undisputed amounts of a residential property claim within 60 days after receiving a proof of loss. Failure to comply exposes the carrier to statutory interest—an incentive to keep insurers honest.

Attorney’s Fees and Bad-Faith Penalties

Florida has historically allowed insureds who prevail in court to recover reasonable attorney’s fees (Fla. Stat. § 627.428). Although recent reforms have limited one-way fee provisions for lawsuits filed after December 16, 2022, fee-shifting is still possible in policies issued before that date or if the claim falls under certain exceptions. Additionally, Fla. Stat. § 624.155 provides a civil remedy for bad faith conduct, allowing policyholders to seek extra-contractual damages if the insurer fails to settle when it could and should have done so.

Florida Administrative Code Rules

xRule 69O-166.031 of the Florida Administrative Code requires insurers to adopt fair claim practices, including a "duty of good faith to attempt to promptly settle claims." DFS can fine or suspend carriers that violate these rules.

Licensing Rules for Florida Attorneys

Any lawyer soliciting property insurance cases in Miramar must be a member in good standing of The Florida Bar, meet continuing legal education requirements, and follow Florida Bar Rules of Professional Conduct—especially Rule 4-1.5 regarding fees and Rule 4-7 on advertising. Always verify an attorney’s license through the Bar’s online portal before signing a retainer.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Line by Line

Carriers must explain why the claim was denied. Cross-reference each cited policy provision with your full policy—not just the declarations page.

2. Gather Objective Evidence

• Photos and videos from the day of the loss or shortly thereafter.

• Weather data—wind speed and rainfall reports from a reputable source such as the National Oceanic and Atmospheric Administration (NOAA).

• Repair invoices or contractor estimates dated close to the loss date.

3. Obtain an Independent Damage Estimate

A licensed Florida public adjuster or structural engineer in Broward County can provide a neutral opinion. Their reports often carry significant weight in mediation or litigation.

4. Invoke the DFS Mediation or Appraisal Process

If your policy has an appraisal clause, you may demand appraisal before filing suit. Alternatively, you may file a mediation request with DFS online within 90 days of receiving the denial.

5. Send a Civil Remedy Notice (If Applicable)

Before suing for bad faith, Florida law requires filing a Civil Remedy Notice through the DFS portal—giving the insurer 60 days to cure the alleged violation.

6. Consult a Qualified Florida Attorney

Even if you ultimately decide not to litigate, a florida attorney can identify pitfalls, calculate deadlines, and negotiate higher settlements.

When to Seek Legal Help in Florida

While many minor claims resolve amicably, certain red flags indicate you should engage counsel:

• Complex Damage: Major structural or mold issues require experts and legal strategy.

• Coverage Disputes: The carrier cites exclusions or alleged misrepresentations.

• Delay Tactics: Repeated document requests or multiple adjuster reassignments.

• Lowball Offers: The insurer’s estimate is drastically below contractor bids.

• Imminent Deadlines: Notice, mediation, or lawsuit deadlines are approaching.

Miramar homeowners should also weigh the convenience of working with a firm that offers virtual consultations, has offices in Broward County, and regularly litigates before the Seventeenth Judicial Circuit Court in Fort Lauderdale. Attorneys familiar with local judges and jury pools can be an advantage.

Local Resources & Next Steps

Miramar-Area Government Agencies

• City of Miramar Building Department: 2200 Civic Center Place, Miramar, FL 33025. Obtain copies of permits, post-loss inspection reports, and elevation certificates.

• Broward County Property Appraiser: Search property records that may confirm age of the roof or prior damage history.

• Florida DFS Consumer Helpline: 1-877-693-5236—file consumer complaints or schedule mediation.

Authoritative Online Resources

Florida Department of Financial Services Consumer Resources Text of Fla. Stat. § 627.70131 Verify a Florida Attorney’s License Florida Administrative Code Rule 69O-166 (Fair Claims)

Your Immediate Checklist

• Confirm your claim and lawsuit deadlines.

• Request a complete, certified copy of your policy.

• Document all communications—emails, letters, phone logs.

• Secure independent damage assessments.

• Consult a seasoned property damage lawyer near you in Miramar.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and each case is unique. Consult a licensed Florida attorney regarding your specific circumstances.

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