Hurricane Damage Lawyers & Property Insurance Guide – Coral Springs, Florida

Introduction: Why Coral Springs Homeowners Need This Guide

With its subtropical climate and proximity to the Atlantic, Coral Springs, Florida—located in northwestern Broward County—faces the yearly threat of hurricanes and severe thunderstorms. When Hurricane Irma skirted the region in 2017 and Tropical Storm Eta drenched Broward County in 2020, many Coral Springs homeowners discovered that collecting on their property insurance was almost as stressful as the storm itself. Insurers questioned roof damage, undervalued interior water losses, or blamed “pre-existing wear and tear.”

If you own a single-family home, condo, or townhome in Coral Springs ZIP codes 33065, 33067, 33071, 33076, or 33077, understanding Florida’s property insurance system is critical. This comprehensive legal guide—written with a pro-policyholder perspective—walks you through your rights under Florida insurance law, explains why insurers deny claims, and outlines the practical steps to challenge a denial. All facts come from authoritative Florida sources, and every section centers on the unique realities of South Florida homeowners.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract

Under Florida contract law, an all-risk homeowner’s policy covers every peril except those expressly excluded. The burden is initially on the insurer to show that an exclusion applies. When wind or hurricane damage is in dispute, the policy language, endorsements, and Florida Statutes control the outcome.

2. Statute of Limitations and Notice Deadlines

• Breach of Contract Suit: Five years from the date the insurer breaches the policy (Fla. Stat. §95.11(2)(b)).

• Initial Claim Notice: Within one year of the date of loss for windstorm and hurricane claims; reopened and supplemental claims within 18 months (Fla. Stat. §627.70132).

Missing the notice deadline can be fatal to a case, but the five-year limitations period still governs lawsuits once a timely claim is filed.

3. Florida Homeowner Claims Bill of Rights

Fla. Stat. §627.7142 grants policyholders:

• Written acknowledgement of your claim within 14 days.

• A claim decision—payment or denial—within 90 days, absent factors beyond the insurer’s control.

• Explanation of coverage decisions in plain language.

4. Mediation and Dispute Resolution

The Florida Department of Financial Services (DFS) offers a free, non-binding mediation program for hurricane and property claims under Fla. Stat. §627.7015. When requested, the insurer must pay the mediator’s fee, giving homeowners a cost-effective way to dispute undervalued or denied claims.

5. Attorney Representation

Any Florida attorney assisting with a property claim must be a member in good standing of The Florida Bar under Chapter 4 of the Rules Regulating the Florida Bar. Out-of-state lawyers need pro hac vice admission. Always verify a lawyer’s license on the Bar’s public website.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely state “We don’t want to pay.” Instead, they cite technical reasons. Below are the most frequent denial grounds reported by Coral Springs homeowners:

• Late Notice: Carrier alleges you failed to report damage within the one-year hurricane deadline.

• Wear and Tear: Roof leaks deemed “age-related,” not storm-related, especially on tile roofs common in Broward County.

• Pre-Existing Damage: Claims that cracks or water stains existed before the storm.

• Maintenance Neglect: Insurers argue policyholders failed to maintain gutters or address prior leaks, violating the ‘Duties After Loss’ clause.

• Policy Exclusions: Flooding from street surge denied under the water exclusion unless you carry separate NFIP flood insurance.

• Causation Disputes: Multiple perils—wind versus rain—lead to conflicting engineer reports.

Many denials rely on ambiguous terms or questionable engineering. Florida courts interpret ambiguities against the insurer (see Fayad v. Clarendon Nat’l Ins. Co., 899 So.2d 1082, Fla. 2005).

Florida Legal Protections & Insurance Regulations

1. Duty of Good Faith (Fla. Stat. §624.155)

Insurers must handle claims in good faith. Unreasonable delays or lowball offers can constitute bad faith, allowing homeowners to recover extra-contractual damages after winning the underlying breach of contract suit.

2. Prompt Payment Statute (Fla. Stat. §627.70131)

Once an insurer agrees to pay, it must issue payment within 20 days or owe interest.

3. Adjuster Licensing (Fla. Stat. §626.854)

Public adjusters representing Coral Springs policyholders must hold an active Florida license. They may not charge more than 10% of insurance proceeds on hurricane claims filed during the first year after the storm.

4. Recent Legislative Changes

• SB 2-A (2022 Special Session): Eliminated one-way attorney fee shifting in residential property suits, replacing it with an assignment-of-benefits fee model under Fla. Stat. §627.70152.

• Mandatory Arbitration Riders: Policies issued after January 1, 2023 may include arbitration endorsements that waive the right to trial in exchange for a premium discount (Fla. Stat. §627.70154).

5. Anti-Concurrence Clauses

Some policies deny wind damage if flooding also occurred. Florida follows the efficient proximate cause doctrine (Sebastian v. State Farm, 205 So.3d 1255, Fla. 2016), favoring coverage when the primary cause is covered.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Denial Letter and Full Claim File

Florida Administrative Code Rule 69B-220.201 allows policyholders to request adjuster reports, engineer findings, and photographs. Insist on written reasons for denial.

2. Review Your Policy Declarations and Endorsements

Confirm coverage limits, deductibles, water damage sub-limits, and hurricane percentage deductibles. Look for ‘Law & Ordinance’ coverage, often 25% of Coverage A, beneficial for Broward County’s strict building code upgrades.

3. Document the Damage Again

Take date-stamped photographs, drone footage of missing shingles, and moisture meter readings. Coral Springs building officials may provide prior permit records helpful to rebut “pre-existing” arguments.

4. Secure Independent Estimates

• Hire a Florida-licensed public adjuster or contractor familiar with Broward County construction costs.

• Obtain Xactimate line-item estimates to compare with the insurer’s scope.

5. Invoke DFS Mediation

File DFS-I4-510 with the Florida Department of Financial Services Consumer Division. In 2022, DFS reported that 70% of mediated hurricane disputes resulted in additional payments to homeowners.

6. Send a Civil Remedy Notice (CRN)

Under Fla. Stat. §624.155, a policyholder must file a CRN at least 60 days before suing for bad faith. This notice details the insurer’s violations and gives them a final chance to cure.

7. File Suit in Broward County Circuit Court

If negotiations fail, your attorney may sue in the Seventeenth Judicial Circuit, which covers Coral Springs. The complaint typically alleges breach of contract and, after cure period, bad-faith damages.

When to Seek Legal Help in Florida

While some smaller disputes settle through mediation, certain red flags warrant immediate counsel from a licensed Florida attorney experienced in property insurance litigation:

• Denial based on complex policy exclusions (anti-concurrent, earth movement, mold caps).

• Roof replacement claims exceeding $30,000.

• Suspected insurer unfair claim settlement practices.

• Short deadline approaching (the five-year suit bar or one-year notice period).

An attorney can issue subpoenas, depose company engineers, and apply recent case law favorable to policyholders—tools unavailable in mediation.

Local Resources & Next Steps

• City of Coral Springs Building Department: Obtain roof permits, elevation certificates, and post-storm inspection records.

• Florida DFS Consumer Helpline: 1-877-MY-FL-CFO for mediation and complaint assistance.

• The Florida Bar Lawyer Referral Service: Connects homeowners to qualified florida attorney specialists.

• Broward County Clerk of Courts e-Portal: Track the status of filed insurance lawsuits in Fort Lauderdale.

Read the full text of Fla. Stat. §627.70132 on claim notice deadlines.

Coral Springs residents should also monitor legislative updates via the House Insurance & Banking Subcommittee and trusted industry outlets like Insurance Journal – Southeast. Legal Disclaimer: This guide provides general information about Florida property insurance law and is not legal advice. Laws change frequently. Consult a licensed Florida attorney for advice on 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.