Guide to Property Insurance Claims – Tamarac, Florida

Introduction: Why Tamarac Homeowners Need a Focused Guide

Tamarac, a thriving city in Broward County, sits just nine miles inland from the Atlantic Ocean. Its suburban neighborhoods—Woodmont, Westwood, and Tamarac Lakes—attract families and retirees who value Florida sunshine. Yet the same warm climate that draws residents also fuels tropical storms, hail, and the occasional wildfire. After Hurricane Irma (2017) and King Tide events, many Tamarac homeowners learned firsthand how quickly roof shingles, screened enclosures, or interior drywall can sustain costly damage.

When disaster strikes, property owners expect their insurer to honor the policy they faithfully pay for. Unfortunately, policyholders across Broward County frequently encounter delays, low-ball offers, or outright denials. If you searched for a “property damage lawyer near me,” you have likely experienced a property insurance claim denial Tamarac Florida residents know all too well. This guide is designed to tip the scales back toward homeowners by outlining Florida-specific rights, deadlines, and actionable steps.

Everything below is grounded in Florida Statutes, regulations issued by the Florida Office of Insurance Regulation (OIR), and guidance from the Florida Department of Financial Services (DFS). We cite these authorities so you can verify each statement yourself. While we advocate firmly for policyholders, we avoid speculation. Use this information to become your own first line of defense—and learn when it is time to enlist a qualified Florida attorney focused on insurance disputes.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Courts Enforce It

Under Florida law, an insurance policy is a contract governed by the general statute of limitations for written contracts—five years from the date the insurer breaches the contract. See Fla. Stat. §95.11(2)(b). If an insurer fails to pay what is owed, the breach generally occurs on the date of denial or underpayment, not the date of loss. That gives Tamarac homeowners meaningful time to litigate, but waiting has strategic drawbacks (witness memories fade, evidence deteriorates). Mark your calendar once you receive a denial.

2. The Homeowner Claims Bill of Rights

Florida’s Homeowner Claims Bill of Rights, required by Fla. Stat. §627.7142, summarizes consumer protections that insurers must provide after you report a residential property loss. Key provisions include:

• Acknowledgment of claim within 14 days of your notice.

• Paid or denied in full (or partial payment) within 90 days, absent factors beyond the insurer’s control.

• Free mediation through the Department of Financial Services (DFS) for claims up to $100,000 when there is a dispute.

Insurers must send you this Bill of Rights within 14 days of your claim, empowering you to track deadlines.

3. Statutory Interest for Late Payments

Per Fla. Stat. §627.70131(5)(a), payments not timely made accrue interest from the date the claim is filed. Insurers delay at their own expense—and you should demand that interest.

4. The Right to Notice of Mediation and Appraisal

If a dispute arises, you may request DFS mediation under Fla. Stat. §627.7015. Alternatively, many policies include an appraisal clause. Because appraisal can limit your right to litigate, consult a Florida attorney before signing any appraisal agreement.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely admit that cost containment is the driver of denials. They instead rely on policy language and perceived faults in your claim. Below are the most frequent justifications seen in Broward County claim files:

• “Pre-existing damage” – Adjusters may label roof leaks or stucco cracks as wear and tear not covered by the policy. However, under Florida’s concurrent causation doctrine (e.g., Sebastian v. Significant Prog. Ins. Co., 162 So. 3d 928, Fla. 5th DCA 2015), coverage may exist when a covered peril combines with an uncovered cause.

• “Late notice” – Fla. Stat. §627.70132 imposes a one-year deadline to report a new residential property claim. Yet courts may excuse delay if the insurer cannot show prejudice. Documentation of why notice was delayed (travel, evacuation) can rebut this defense.

• “Insufficient proof of loss” – Many policies require a sworn proof of loss within 60 days. If you missed the window, you may still cure the omission before litigation. Courts favor substance over form when the insurer had adequate facts to investigate.

• “Partial denial based on depreciation or matching exclusions” – Florida Statutes now require replacement of damaged items “to match” under certain conditions. See Fla. Stat. §626.9744 (the matching statute).

• “Suspected fraud or misrepresentation” – Insurers may invoke Fla. Stat. §626.9651 to deny claims they believe were inflated. Preserve honesty in every estimate and seek counsel before an Examination Under Oath (EUO).

Recognizing these tactics allows Tamarac homeowners to gather counter-evidence early, such as weather reports, photos immediately after the storm, and contractor estimates.

Florida Legal Protections & Insurance Regulations

Duties Imposed on Insurers

Florida’s Unfair Insurance Trade Practices Act, Fla. Stat. §626.9541, prohibits insurers from:

• “Denying claims without conducting reasonable investigations.”

• “Failing to adopt and implement standards for prompt claims handling.”

• “Misrepresenting pertinent facts or policy provisions.”

The Office of Insurance Regulation (OIR) investigates systemic violations and can fine carriers. Although fines do not directly reimburse you, they pressure insurers to negotiate fairly.

Attorney’s Fees and Bad-Faith Exposure

Fla. Stat. §627.428 traditionally allowed policyholders who prevail in court to recover attorney’s fees. Legislative changes in December 2022 curtailed fee shifting for newly issued policies, but older policies may still carry this right. Bad-faith claims under Fla. Stat. §624.155 remain a potent remedy if the insurer acted “not fairly and honestly toward its insured.” A civil remedy notice must be filed with DFS at least 60 days before suing for bad faith.

Statutes of Limitation & Repose

• Breach of contract: Five (5) years from insurer’s breach – Fla. Stat. §95.11(2)(b).

• Supplemental or reopened claim notice: 18 months from date of loss – Fla. Stat. §627.70132.

• New claim notice: One (1) year from date of loss – Fla. Stat. §627.70132.

Calculate each deadline precisely; missing one can bar recovery even when you have clear damage.

Regulations on Public Adjusters and Assignment of Benefits (AOB)

Public adjusters must hold a Florida license under Fla. Stat. §626.865. Assignments of benefits executed after May 24, 2023, are subject to Fla. Stat. §627.7152 restrictions, including a 14-day cancellation right for homeowners. Use caution before signing any AOB.

For additional regulatory details see the Florida Department of Financial Services.

Steps to Take After a Property Insurance Claim Denial in Florida

Request the Denial Letter in Writing

Under Fla. Stat. §627.70131(7)(a), insurers must explain the “specific policy language” relied on. Demand clarity if the letter is vague.

Gather and Preserve Additional Evidence

• Independent contractor estimates

• Weather reports from credible sources (NOAA, local news archives)

• Drone or roof-level photography

• Receipts for emergency mitigation (tarp, dehumidifier)

Consult the DFS Mediation Program

The DFS Residential Property Mediation Program is free for claims up to $100,000 and low-cost for higher claims. According to DFS statistics, roughly 50% of mediated disputes settle the same day.

Send a Pre-Suit Notice if Required

For policies issued after July 1, 2021, Fla. Stat. §627.70152 mandates that a policyholder serve a 10-day presuit notice on the insurer. The form is available on the DFS website. Evaluate Appraisal vs. Litigation

Appraisal can be faster but limits discovery. If the dispute is over causation rather than price, courts may decline to compel appraisal (Corder v. Citizens, 314 So. 3d 663, Fla. 3d DCA 2021).

File Suit Within the 5-Year Limitations Period

Deadlines aside, swift filing prevents further deterioration of your home—an issue insurers often blame on “post-loss neglect.”

When to Seek Legal Help in Florida

Many Tamarac homeowners start without counsel, hoping cooperation will win the day. Reality sometimes differs. Engage a Florida attorney when:

• The insurer requests an Examination Under Oath (EUO). Answers become sworn testimony.

• The claim involves complex causation—e.g., prior roof repairs, plumbing lines under slab.

• Your mortgage lender threatens force-placed insurance or foreclosure because repairs stalled.

• You risk missing statutory deadlines.

Attorney Licensing Rules: Lawyers handling property-insurance litigation must be active members in good standing with The Florida Bar under Rule 1-3.2, and must maintain trust accounts per Chapter 5 of the Rules Regulating The Florida Bar. Out-of-state counsel must seek pro hac vice admission under Fla. R. Jud. Admin. 2.510.

Most insurance-dispute attorneys accept cases on contingency. Written fee agreements are mandatory under Rule 4-1.5(f). Review percentages and costs carefully.

Local Resources & Next Steps for Tamarac Homeowners

City and County Programs

• Broward County Building Department – Provides permit history useful to rebut “pre-existing damage” claims.

• Tamarac Code Compliance – Offers post-storm inspections to document unsafe conditions.

• Broward County Property Appraiser – Download historical aerial images of your roof for free.

Consumer Assistance

DFS Consumer Helpline – File a complaint against your insurer. Florida Office of Insurance Regulation – View enforcement actions. Florida Bar Lawyer Referral Service – Find an attorney licensed in Florida.

Action Plan Checklist

• Calendar your statutory deadlines (claim notice, supplemental notice, lawsuit).

• Collect photos, receipts, expert reports.

• Request DFS mediation or appraisal, if strategic.

• Consult a Tamarac-based insurance lawyer for a free case review.

• Preserve all email and text communications with the carrier.

Legal Disclaimer

This guide is informational only and does not create an attorney-client relationship. Laws change, and the application of law depends on specific facts. Consult a licensed Florida attorney before acting on any information herein.

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