Insurance Attorney Guide: Property Insurance in Orlando, Florida

Introduction: Why Orlando Homeowners Need a Florida-Specific Guide

Central Florida living offers sunshine, theme-parks, and a booming housing market, yet it also exposes Orlando homeowners to intense summer thunderstorms, the outer bands of Atlantic hurricanes, and year-round humidity that feeds mold growth. When roof leaks, wind damage, or hidden plumbing losses strike, Orlando residents turn to their property insurance policies expecting prompt payment. Unfortunately, insurers often delay, underpay, or outright deny legitimate claims. This guide—written from a slight policyholder-protective perspective—explains how to fight a property insurance claim denial Orlando Florida residents frequently encounter and how Florida statutes give you leverage.

All information is drawn from authoritative sources such as the Florida Department of Financial Services (DFS), the Florida Statutes, and published appellate decisions; any unverifiable claims have been omitted.

1. Understanding Your Property Insurance Rights in Florida

Key Policyholder Protections

• Prompt Acknowledgment & Adjustment – Under Florida Statute §627.70131(1)(a), insurers must acknowledge receipt of a residential claim within 14 days.
• 90-Day Decision Rule – §627.70131(5)(a) requires insurers to pay or deny within 90 days after receiving notice of the claim unless circumstances beyond their control exist.
• Right to Interest – If the insurer fails to pay within 90 days and no good cause exists, interest accrues automatically (same statute).
• Right to a Copy of the Policy – DFS Rule 69O-167.001 allows you to request a certified copy at no cost once you file a claim.
• Appraisal & Mediation Options – Policy language may allow appraisal; DFS also offers free Residential Mediation (Rule 69J-166.031).

Statute of Limitations

For breach-of-contract suits against your insurer, Florida’s statute of limitations is five years from the date of breach—generally interpreted as the date the carrier denies or underpays the claim (Florida Statute §95.11(2)(e)). Hurricane claims have a separate notice deadline: you must give notice within two years of the storm date (Florida Statute §627.70132).

Attorney Licensing & Fees

A Florida attorney handling property insurance matters must be licensed by The Florida Bar. Under §627.428 (renumbered §626.9373 for surplus lines), when a policyholder wins even $1 more than the insurer’s offer in court, the insurer must pay the homeowner’s reasonable attorney fees—an important deterrent against wrongful denials.

2. Common Reasons Property Insurance Companies Deny Claims in Florida

Frequently Cited Denial Grounds

• Late Notice – Carrier alleges you waited too long to report damage. Florida courts (e.g., Currie v. FL Peninsula Ins. Co., 318 So.3d 94 (Fla. 4th DCA 2021)) require carriers to show actual prejudice.
• Wear and Tear Exclusion – Insurers call wind-lifted shingles “age-related.” Florida law places initial burden on the insured to prove damage within coverage, but once that’s done, the insurer must prove the exclusion applies.
• Overlapping Cause (Concurrent Causation) – If both wind and an excluded cause (e.g., defective workmanship) contributed, the claim may still be covered if wind is an efficient proximate cause (see Sebastian v. State Farm, 46 So.3d 940).
• Failure to Mitigate – Policy requires you to take reasonable actions, such as tarping a roof. Keep invoices and photos as proof.
• Misrepresentation – Allegations of inflated estimates; can void coverage only if the misstatement is intentional and material under §627.409.

Orlando-Specific Trends

Local adjusters report a spike in water-line failures in homes built during the 1990s PEX plumbing boom, and insurers often deny for “repeated seepage.” Yet Florida’s Supreme Court in Johnson v. Nationwide, 828 So.2d 1021 (Fla. 2002) held that ambiguities about coverage must be construed in favor of the insured.

3. Florida Legal Protections & Insurance Regulations

Important Statutes & Codes

• §624.155 Civil Remedy Notices – Allows policyholders to file a CRN with DFS, giving the insurer 60 days to cure bad-faith behavior.
• §627.7142 (“Homeowner Claims Bill of Rights”) – Requires insurers to inform you of mediation options, free DFS help line, and 90-day deadlines. DFS Mediation Program – Free, non-binding mediation; insurer pays the fee (Florida DFS Consumer Services).- Florida Administrative Code 69O-166.031 – Establishes standards for insurer claims handling, including fair and prompt settlement.

Bad-Faith Remedies

If an insurer unreasonably delays or denies a property claim, you may recover extra-contractual damages after prevailing in a §624.155 action once liability and damages are determined (see QBE v. Chalfonte, 94 So.3d 541).

Recent Legislative Changes

2023 reforms (SB 2-A) shortened the deadline to one year to file a supplemental claim and eliminated one-way attorney fees for new lawsuits, but §627.428 still applies to older losses. Verify which version of the statute governs your claim date.

4. Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Detailed Denial Letter

Under §627.70131(7)(a), the carrier must provide a written explanation of denial.

2. Collect Documentation

• Photos/videos of damage (ideally date-stamped).
• All correspondence with the insurer.
• Independent contractor or public adjuster estimates.
• Receipts for emergency repairs.

3. Order a Certified Policy Copy

Use DFS Rule 69O-167.001 to demand a full policy, including endorsements.

4. File a Reconsideration or Supplemental Claim

You have up to one year (for losses after Dec. 16, 2022) or three years (older losses) per §627.70132 to submit additional evidence.

5. Invoke Appraisal (If Available)

Most homeowner policies contain an appraisal clause. Send a written demand; each side selects an appraiser, and the two appraisers choose an umpire.

6. Use DFS Mediation

Call DFS at 1-877-693-5236 within 90 days of denial to schedule a local mediation session in Orange County.

7. File a Civil Remedy Notice

Create an account on the DFS Civil Remedy Notice Portal. Describe the insurer’s statutory violations; copy must be mailed to the carrier.### 8. Consult a Florida Insurance Attorney

An attorney can evaluate policy language, hire engineers, and leverage §624.155 bad-faith remedies.

5. When to Seek Legal Help in Florida

Trigger Points for Orlando Policyholders

• Carrier offers payment far below independent estimates.
• Repeated requests for documents with no decision.
• Denial based on ambiguous or broad exclusions.
• Threats of policy cancellation during the claim.

Florida attorneys must comply with Bar Rule 4-1.5 regarding reasonable fees. Many offer contingency arrangements capped by statute (e.g., 25% before suit, 33⅓% after suit).

How Attorneys Add Value

• Preserve evidence and deadlines.
• Retain licensed Florida adjusters, roofers, and forensic accountants.
• Navigate recent legislative fee-shifting changes.
• File suit in Orange County Circuit Court or federal court (Middle District of Florida) when needed.

6. Local Resources & Next Steps

Government & Non-Profit Help

Florida Insurance Consumer Helpline (DFS) – 1-877-693-5236.Orange County Emergency Management – Sandbag & storm prep programs.FloridaLawHelp.org – Low-income legal aid directory.

Orlando-Area Experts You May Need

• Licensed Mold Assessors familiar with humid subtropical conditions.
• Wind-uplift roofing engineers experienced with Florida Building Code (2023 edition).
• Public adjusters based in Winter Park or Kissimmee who know Orange and Osceola County permitting rules.

Practical Checklist

• Log into your insurer’s online portal; download every claim note weekly.
• Backup smartphone photos to cloud storage with time stamps.
• Schedule annual roof and plumbing inspections before hurricane season (June 1).

Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for guidance 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.