Insurance Attorney Guide: Property Insurance Rights in Miramar, Florida

Introduction: Why Miramar Homeowners Need a Focused Guide

Miramar, Florida is a vibrant Broward County community known for its tropical climate and well-kept neighborhoods like Silver Lakes, Sunset Falls, and Monarch Lakes. Unfortunately, the same subtropical conditions that make Miramar appealing—heavy summer rains, the occasional hurricane, and year-round humidity—also put local homes at risk of roof leaks, wind damage, and mold. When disaster strikes, property owners expect their insurer to honor the policy they have faithfully paid for. Yet, every year, hundreds of Miramar homeowners confront a property insurance claim denial or underpayment that leaves them footing repair bills they assumed were covered.

This guide is written with a slight but unapologetic bias toward protecting policyholders. Florida statutes give you real leverage when dealing with insurance companies, but you must understand and exercise those rights. Below you will find a comprehensive, Florida-specific roadmap—from the moment a loss occurs in Miramar to the point where you may decide to hire a Florida attorney to fight a wrongful denial. We cite only authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts so you can rely on every statement. Keep reading to arm yourself with practical knowledge before, during, and after a claim.

Understanding Your Property Insurance Rights in Florida

Key Statutory Rights

Florida law provides a robust framework to protect consumers:

• Prompt Claim Handling – § 627.70131, Fla. Stat. Insurers must acknowledge receipt of your claim within 14 days and begin an investigation.
• 90-Day Decision Rule – § 627.70131(5)(a) The carrier must pay or deny the claim within 90 days of receiving notice, unless factors beyond its control prevent a decision.
• Civil Remedy – § 624.155 If an insurer acts in bad faith, a policyholder can file a civil remedy notice (CRN) with DFS and later sue for extra-contractual damages.
• Right to Attorney’s Fees – § 627.428 When the insured prevails in court, the insurer typically must pay reasonable attorney’s fees and costs.

Statute of Limitations

Under § 95.11(2)(e), Fla. Stat., an action for breach of a property insurance contract generally must be filed within five years of the date of loss. Waiting too long can bar your claim entirely, so mark your calendar as soon as damage occurs.

Policyholder Bill of Rights

DFS published a Policyholder Bill of Rights after the 2014 legislative session. Highlights include the right to adjuster contact information, detailed estimates, and an explanation of claim denial. You can review the full text on the Department’s website.

Miramar-Specific Considerations

Because Miramar lies roughly 20 miles inland, windstorm deductibles still apply when the National Hurricane Center issues a hurricane watch or warning for Broward County. Familiarize yourself with these higher deductibles—often 2%–5% of dwelling limits— before the next storm.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Wear and Tear Versus Sudden Loss

Carriers often label roof leaks as “long-term deterioration,” a non-covered peril. Florida appellate courts, however, have held that if a sudden event such as a wind gust opens a seam or shingle, ensuing interior water damage is usually covered (See Jones v. Federated National Ins. Co., 235 So. 3d 936, Fla. 4th DCA 2018).

2. Late Notice

Many policies require prompt notice, but Florida law looks to whether the delay prejudiced the insurer’s investigation. The burden to prove prejudice rests on the carrier (Bankers Ins. Co. v. Macias, 475 So. 2d 1216, Fla. 1985).

3. Alleged Misrepresentation or Fraud

Section 627.409 allows rescission for material misrepresentation, yet the insurer must show intent to deceive or that it would have changed the underwriting decision. Innocent mistakes on a proof of loss generally are not fraud.

4. Water Damage Exclusions

Typical exclusions for repeated seepage (over 14 days) or mold over $10,000 are routinely invoked. Review your policy’s endorsements; some Miramar homeowners have successfully added “all-risk” water coverage updates.

5. Failure to Mitigate

Florida policies obligate you to protect the property from further damage—placing tarps after a roof breach, for example. Reasonable mitigation expenses should be reimbursable under § 627.7011.

Florida Legal Protections & Insurance Regulations

Regulatory Oversight

The Florida Office of Insurance Regulation (OIR) approves policy forms and rates, while DFS oversees consumer complaints and licenses adjusters. You may file a complaint online with DFS’s Consumer Services Division.### Bad-Faith Framework

Section 624.155 lays out two main bad-faith avenues: (1) not attempting in good faith to settle claims, and (2) unfair claim settlement practices defined in § 626.9541. A proper Civil Remedy Notice gives the insurer 60 days to cure.

Appraisal Clause

Most Florida property policies include an appraisal provision. Either side can demand appraisal when the dispute is over amount of loss, not coverage. Recent case law (State Farm Fla. Ins. Co. v. Sanders, 45 Fla. L. Weekly D123, 1st DCA 2020) confirms that appraisal awards can trigger the statutory entitlement to attorney’s fees.

Assignment of Benefits (AOB) Reform

The 2019 AOB statute (§ 627.7152) restricts contractors’ ability to sue insurers directly. Miramar homeowners should be cautious when signing any post-loss contract assigning policy benefits; an overly broad AOB can forfeit your control over the claim.

Florida Attorney Licensing Rules

Only attorneys licensed by The Florida Bar may provide legal advice on insurance matters. Rule 4-5.5 of the Rules Regulating The Florida Bar prohibits out-of-state lawyers from practicing in Florida without authorization. Before hiring, verify a lawyer’s status at the Bar’s website.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Line by Line

Florida law requires the insurer to cite policy provisions used to deny coverage. Highlight each cited paragraph for later rebuttal.

2. Request the Claim File

Under the DFS mediation program and discovery rules, insureds can seek the adjuster’s notes, photographs, and engineer reports. This evidence often shows inconsistent reasoning.

3. Gather Independent Evidence

• Contractor Estimate: Obtain a licensed Broward County contractor’s detailed scope.
• Photographs & Video: Time-stamped images around the date of loss carry weight.
• Weather Data: NOAA or local Doppler radar archives can confirm wind speeds in Miramar on the loss date.

4. Invoke Appraisal or Re-Open the Claim

If the dispute centers on price, send a certified letter invoking appraisal. For coverage denials, supply new evidence and formally demand reconsideration.

5. File a DFS Mediation Request

Residential property owners may request free mediation through DFS under § 627.7015. The insurer must pay the mediator’s fee. Many claims settle here without litigation.

6. Preserve the Statute of Limitations

Remember the five-year window under § 95.11. If time is running out, filing suit tolls the period.

When to Seek Legal Help in Florida

While many Miramar homeowners try to resolve small disputes alone, certain red flags signal it is time to consult a Florida attorney experienced in insurance litigation:

• The insurer accuses you of fraud or misrepresentation.
• A denial cites ambiguous policy language or exclusions you do not understand.
• The insurer ignores your correspondence for over 30 days—potentially violating § 627.70131.
• You received a “lowball” payment that will not cover repairs, and informal negotiations have stalled.
• The loss is large (hurricane roof, full kitchen flood) and your deductible is substantial; one misstep could cost tens of thousands of dollars.

Florida attorneys work on contingency in most property cases, meaning no fees unless they recover additional money. Because § 627.428 often shifts fees to the insurer, hiring counsel can level the playing field without out-of-pocket expenses.

Local Resources & Next Steps

1. Broward County Permitting & Inspection

Major repairs in Miramar require permits. Visit the city’s Building Division website or call 954-602-3200 to confirm code requirements. Failing to pull permits could jeopardize claim payments.

2. Florida DFS Consumer Helpline

The helpline (1-877-MY-FL-CFO) answers insurance questions and opens carrier investigations. File complaints online at the DFS portal linked above.

3. Hurricane Preparedness Workshops

Miramar’s Emergency Management Division hosts annual workshops at the Multi-Service Complex on Miramar Parkway. Attendees learn about hurricane shutters, inventory apps, and insurance documentation best practices.

4. Verified Contractor Lists

Check the Florida Division of Corporations and Broward County Contractor Licensing records before hiring a roofer or mitigation company.### 5. Free Mediation & Neutral Evaluation

For sinkhole claims—less common in Miramar but possible—DFS offers neutral evaluation under § 627.7074.

*Disclaimer: This guide provides general information only. It is not legal advice. You should consult a licensed Florida attorney about 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.