Insurance Attorney Guide: Property Insurance in Miramar, Florida

Introduction: Why This Guide Matters to Miramar Homeowners

Miramar, Florida—situated in Broward County’s hurricane corridor—has experienced its share of windstorms, heavy rains, and plumbing-related water losses. When a storm uproots trees on Miramar Parkway or a pipe bursts in a Sunset Lakes condo, the first lifeline for most Miramar homeowners is their property insurance policy. Yet many residents discover that insurers delay, underpay, or outright deny valid claims. This guide, written from a policyholder-first perspective, explains what you can do under Florida insurance law when facing a property insurance claim denial Miramar Florida.

The information is grounded in authoritative sources—Florida Statutes, Florida Department of Financial Services (DFS) regulations, and published Florida court opinions. While no article can replace personalized legal advice, this resource arms you with the rules, deadlines, and practical steps most commonly used by successful claimants in Miramar and throughout the state.

Understanding Your Property Insurance Rights in Florida

Key Statutes Every Policyholder Should Know

• Florida Statute §627.70131: Requires insurers to acknowledge a claim within 14 calendar days and pay or deny within 90 days unless there are factors beyond their control.
• Florida Statute §627.70132: Sets a one-year notice deadline for hurricane and windstorm claims (calculated from the date the hurricane makes landfall) and a two-year deadline to reopen the claim.
• Florida Statute §95.11(2)(e): Provides a five-year statute of limitations to file a breach-of-contract lawsuit against your insurer, starting from the date of loss.
• Florida Administrative Code 69B-220: Regulates public adjusters, ensuring policyholders can hire licensed professionals to estimate damage.

Your Rights in Plain Language

The Right to Prompt Communication – Insurers must acknowledge, investigate, and respond within statutory deadlines. If they don’t, you may report them to DFS’s Division of Consumer Services.- The Right to a Fair Settlement – Florida recognizes an implied covenant of good faith and fair dealing in every insurance contract (see QBE Ins. v. Chalfonte Condo. Apt. Ass’n, 94 So. 3d 541 (Fla. 2012)). You can demand appraisal, mediation, or litigation if you believe the payment is inadequate.

• The Right to Attorney’s Fees if You Prevail – Under Fla. Stat. §627.428, if a lawsuit forces the insurer to pay what is due, the court usually orders the insurer to pay your reasonable attorney’s fees and costs.
• The Right to Hire Experts – Florida allows policyholders to work with licensed public adjusters, engineers, or contractors to document damage without insurer interference (Fla. Admin. Code 69B-220).

Knowing these rights can shift the balance of power back to you, especially when negotiating with an adjuster who handles thousands of files from Miami-Dade to Broward County.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice

After hurricanes Ian and Nicole, many claims were denied for being filed outside the one-year notice requirement of §627.70132. Insurers argue late reporting hindered their investigation. Courts sometimes uphold these denials unless you prove the carrier wasn’t prejudiced.

2. Alleged Pre-Existing or Wear-and-Tear Damage

Florida policies typically exclude “long-term seepage” or deterioration. Carriers seize on small cracks or old roof stains to assert the damage was not sudden. Independent experts who understand South Florida’s building codes (e.g., Broward County wind uplift standards) are vital to rebut this defense.

3. Failure to Maintain Property

Insurance companies often cite lack of maintenance—such as not replacing an aging A/C drain line—as a reason to deny water-damage claims. Florida courts require insurers to prove how poor maintenance, not a covered peril, caused the loss.

4. Misrepresentation or “Fraud” Accusations

If the insurer believes you exaggerated the scope or cost of repairs, it may deny the claim under the policy’s fraud provision. Florida’s Fifth District in Mezadieu v. Safepoint, 315 So. 3d 26 (Fla. 5th DCA 2021) made clear that innocent mistakes do not equal fraud—the misstatement must be intentional and material.

5. Policy Exclusions and Anti-Concurrent Causation

Many Florida policies now contain anti-concurrent causation clauses. If both a covered and non-covered peril contributed to the loss (e.g., wind and flood), the insurer may deny the entire claim. Understanding the difference between FEMA flood insurance and your homeowner’s policy is critical.

Florida Legal Protections & Insurance Regulations

Civil Remedy Notice & “Bad Faith”

Florida Statute §624.155 lets policyholders file a Civil Remedy Notice (CRN) with DFS, putting the insurer on 60-day notice of the specific conduct you believe violates the law. If the insurer fails to cure, you may later pursue bad-faith damages. DFS maintains an online CRN portal where Miramar residents can file electronically.

Mediation & Neutral Evaluation

The DFS Mediation Program offers free or low-cost mediation for most property disputes under Fla. Stat. §627.7015. If sinkhole activity (rare but possible in parts of Central Florida) is involved, neutral evaluation under §627.7074 applies.### Appraisal Clause

Most policies contain an appraisal provision. Either side can demand a three-person panel (an appraiser for each party and an umpire) to set the amount of loss. Recent case law (State Farm v. Cadet, 290 So. 3d 1090 (Fla. 2d DCA 2020)) reiterates that coverage disputes can still be litigated even after appraisal values are set.

Attorney Licensing Rules in Florida

Under Florida Bar Rule 4-5.5, only attorneys licensed by the Florida Bar may give legal advice on Florida insurance matters. Out-of-state lawyers must associate with local counsel.## Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Denial Letter & Full Claims File

Florida Administrative Code Rule 69O-166.024 requires insurers to provide a written denial citing policy language. Ask for the entire claims file, including photos and engineer reports.

2. Calendar All Deadlines

• 1-year notice for hurricane losses
• 5-year litigation limit (breach of contract)
• 60-day CRN cure period (if you file a CRN)

3. Document Damage Thoroughly

Take high-resolution photos, moisture readings, and keep receipts. For Miramar homes with tile roofs—common in Silver Falls—lifted or cracked tiles must be photographed before temporary repairs.

4. Engage Independent Experts

Hiring a licensed public adjuster or structural engineer familiar with the High-Velocity Hurricane Zone (HVHZ) requirements applicable in Broward County often overturns “wear-and-tear” arguments.

5. Consider DFS Mediation

Schedule mediation within 30 days of denial; insurers must attend. Many disputes settle when confronted with independent repair estimates.

6. Evaluate the Appraisal Option

If the dispute is solely over price—not coverage—appraisal can be faster. But beware: once completed, it’s difficult to dispute the amount later.

7. Consult a Florida Attorney Early

An attorney can draft the CRN, negotiate, or litigate. Because Florida still allows prevailing insureds to recover fees in many situations, early counsel often costs you nothing unless money is recovered.

When to Seek Legal Help in Florida

Signs You Need a Lawyer

• The insurer alleges fraud or intentional misrepresentation.
• You received a “reservation of rights” letter + extensive document requests.
• The loss exceeds $50,000 (common when hurricane winds damage both roof and interior finishes). High-value claims invite more scrutiny.
• You face overlapping wind and flood issues—requiring complex allocation.
• The 90-day statutory decision period has passed with no payment.

Choosing the Right Florida Attorney

Look for lawyers with:

• Membership in the Windstorm Insurance Network or the Florida Justice Association’s Insurance Section.
• Trial experience in Broward County Circuit Court or U.S. District Court for the Southern District of Florida.
• No disciplinary actions on the Florida Bar website.

Cost Considerations

Most property insurance lawyers work on contingency. Under Fla. Stat. §627.428, a court-ordered payment of fees by the insurer can reimburse your legal costs.

Local Resources & Next Steps

City & County Agencies

• Miramar Building Division – Obtain permits and inspection records to prove your home was up to code before the loss.
• Broward County Records, Taxes & Treasury – Property appraiser data helps establish replacement cost value.

State Resources

Florida DFS Consumer Helpline – File complaints or request mediation.Florida Bar Lawyer Referral Service – Verify attorney licensing.

Disaster-Specific Aid

After federally declared disasters, Miramar residents may qualify for SBA low-interest loans or FEMA grants. Document your insurance denial—FEMA often requires proof of ineligibility or underpayment before awarding funds.

Practical Checklist

• Secure the property—board windows, tarp roofs.
• Notify the insurer in writing & by phone; keep log numbers.
• Gather policy, denial letter, and photos in a digital folder.
• Consult a licensed public adjuster or contractor for an independent estimate.
• If unresolved, schedule DFS mediation or hire counsel.

Legal Disclaimer: This guide is for informational purposes only and is not legal advice. Laws change, and each claim is unique. Consult a qualified Florida attorney for advice specific to your situation.

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