Home Insurance Attorney: Orlando, Florida Property Insurance

Introduction: Why Orlando Homeowners Need This Guide

Every year, thousands of Orlando homeowners file property insurance claims after hurricanes, summer thunderstorms, burst pipes, or unexpected fires. Central Florida’s unique mix of inland hurricane exposure, high humidity, and rapid growth puts residential properties at special risk of damage. When a claim is denied or underpaid, families are left scrambling for repair money and temporary housing. If this sounds familiar, you are not alone. According to the Florida Office of Insurance Regulation, Orange County (home to Orlando) consistently ranks among the state’s highest for property insurance litigation. This guide—written with a slight bias toward policyholders—explains the rights and remedies available under Florida insurance law, focusing on the procedures and deadlines that matter most in Orlando, Florida.

We follow three simple rules throughout: (1) cite only authoritative sources such as the Florida Department of Financial Services, the Florida Statutes, and published Florida court opinions; (2) omit unverified speculation; and (3) empower homeowners with practical, legally sound steps to assert their policy rights. Keep reading to learn how to respond to a property insurance claim denial orlando florida and when to call a qualified Florida attorney for help.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—You Have Enforceable Rights

Under Florida law, a homeowner’s insurance policy is a binding contract. Section 624.155, Florida Statutes, allows policyholders to bring a bad-faith action against an insurer that fails to settle a claim fairly and promptly. Courts in the Fifth District Court of Appeal—whose jurisdiction includes Orlando—have repeatedly affirmed that insurers must honor the terms expressly written in the policy (see Security First Ins. Co. v. Czelusniak, 305 So. 3d 717, Fla. 5th DCA 2020).

2. The Homeowner Claims Bill of Rights

The Florida Department of Financial Services (DFS) publishes a “Homeowner Claims Bill of Rights,” which must be provided to you within 14 days of notifying your insurer of a claim (Section 627.7142, Florida Statutes). Key takeaways include:

• 14-Day Acknowledgment – Insurers must acknowledge receipt of your claim within 14 days.

• 30-Day Status Update – Within 30 days of proof-of-loss, you may request a claim status update.

• 90-Day Decision Deadline – Insurers must pay, deny, or partially deny a claim within 90 days.

• No Roof Waiver Requirement – You cannot be forced to waive your right to a roof replacement if covered.

3. Statute of Limitations for Property Insurance Lawsuits

Florida recently shortened the window for suing an insurer on a property damage claim. Under Section 95.11(5)(e), Florida Statutes (created in 2023), policyholders now have one year from the date of loss to file suit for breach of a property insurance contract. Older losses may still fall under the previous five-year limit, so consult a licensed florida attorney to confirm which deadline applies.

4. Notice of Claim Deadline

Senate Bill 2-A (2022) modified Section 627.70132 to require that homeowners give their insurer notice of a property insurance claim within one year of the date of loss. Supplemental claims must be filed within 18 months.

5. The Right to Mediation

If you and your insurer disagree about the amount of loss, Florida Administrative Code Rule 69J-166.031 entitles you to free, DFS-sponsored mediation—often scheduled at DFS regional offices, including the Orlando Service Center on South Orange Avenue.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers deny or underpay many legitimate claims. Below are the most frequent justifications we see in Orlando. Understanding these reasons will help you gather evidence to counter them.

• Late Notice – Missing the one-year notice deadline.

• Wear and Tear Exclusions – Claiming roof damage is due to age rather than a covered peril.

• Water Damage Exclusions – Denying slab leaks because of policy limitations on “constant and repeated seepage.”

• Improper Maintenance – Alleging you failed to maintain gutters or HVAC systems.

• Pre-Existing Damage – Pointing to prior storms (e.g., Hurricane Irma 2017) as the root cause.

• Misrepresentation – Accusing homeowners of inflating repair estimates.

• Fraud Red Flags – Invoking Section 626.9541 (Unfair Insurance Trade Practices). Even a minor mistake on the proof-of-loss can trigger scrutiny.

While insurers must investigate fraud, Florida courts require them to prove misrepresentation was intentional and material (LaFarge Corp. v. Travelers Indem. Co., 118 F.3d 1511, 11th Cir. 1997).

Florida Legal Protections & Insurance Regulations

1. Prompt Pay Statute: Section 627.70131

This law imposes strict time frames. If your insurer fails to pay undisputed amounts within 60 days of settlement, you may collect interest—and potentially attorney’s fees under Section 627.428.

2. Assignment of Benefits (AOB) Limits

House Bill 7065 (2019) reined in AOB abuse but still allows policyholders to assign benefits under specific conditions. Understanding the limitations prevents post-repair disputes.

3. Bad-Faith Claims

Section 624.155 requires a pre-suit Civil Remedy Notice (CRN) filed with DFS, giving the insurer 60 days to cure. Many Orlando cases settle after a properly drafted CRN highlights violations of §624.155(1)(b)(1) (failure to settle fairly).

4. Attorney’s Fees

Under Section 627.428 (for older claims) and Section 86.121 (for newer policies), prevailing policyholders can recover reasonable attorney’s fees. This fee-shifting creates leverage during negotiations.

5. Florida Bar Licensing Rules

Only lawyers licensed and in good standing with The Florida Bar may represent homeowners in court. Out-of-state counsel must petition for pro hac vice admission, and public adjusters may not give legal advice.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully

• Identify cited policy provisions and alleged facts.

Request the Entire Claim File

• Florida Administrative Code Rule 69B-220.201 allows policyholders to request adjuster notes, photographs, and engineer reports.

Gather Independent Evidence

• Hire a licensed Orlando contractor or engineering firm for a second opinion.

File a Notice of Dispute

• Send a sworn proof-of-loss rebutting the insurer’s conclusions.

Use DFS Mediation or Appraisal

• Submit the on-line mediation request form within 60 days of the denial.

Send a Civil Remedy Notice (CRN)

• Allege specific statutory violations; wait 60 days for cure.

Consult a Home Insurance Attorney

• Review documentation, evaluate deadlines, and prepare litigation.

When to Seek Legal Help in Florida

Not every claim denial requires immediate litigation, but certain red flags warrant calling a home insurance attorney right away:

• The loss occurred more than nine months ago and the notice deadline is approaching.

• The insurer has accused you of fraud or misrepresentation.

• You received a “Reservation of Rights” letter.

• A public adjuster’s fee will exceed 10% of recovery, eroding funds needed for repairs.

• You are juggling rebuilding costs and mortgage obligations, and delay threatens foreclosure.

Orlando’s docket moves quickly; circuit court judges often refer property cases to non-binding arbitration within 120 days. An experienced florida attorney can preserve evidence, schedule inspections, and comply with Orange County’s complex pre-trial orders.

Local Resources & Next Steps

DFS Consumer Services 400 W. Robinson St., Suite N-410, Orlando, FL 32801

• Orange County Property Appraiser – Helpful for prior valuation data.

• Clerk of the Circuit Court – E-file portal for small claims under $8,000.

• Florida Building Code Office – Verify code-upgrade coverage requirements.

• University of Central Florida Legal Clinic – Free consultations for qualifying residents.

Combine these resources with the steps above to maximize your recovery. Remember, Florida’s legal landscape is evolving, especially after the 2023 reforms. Staying proactive is the best defense against unfair claim practices.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and facts matter. Consult a licensed Florida attorney regarding 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.