Insurance Attorney: Property Insurance Clermont, Florida

Introduction: Why Clermont Homeowners Should Care About Florida Property Insurance Law

Nestled on the rolling hills west of Orlando, Clermont, Florida is known for its lakes, citrus groves, and fast-growing neighborhoods such as Kings Ridge, Serenoa Lakes, and the Historic Downtown district. While the city’s elevation offers scenic views, it does not shield homes from Central Florida’s severe weather threats. Summer thunderstorms, occasional tornadoes spawned by tropical systems in nearby Lake County, plumbing leaks caused by shifting soils, and the ever-present risk of wind-driven hail all pose challenges for Clermont homeowners. Property insurance is therefore more than a line item on the mortgage escrow statement—it is the lifeline that allows families to rebuild after disaster.

Yet many Clermont residents discover that premiums do not automatically translate into prompt claim payments. According to data published by the Florida Office of Insurance Regulation, policy disputes and claim denials remain among the top consumer complaints statewide. Understanding why insurers deny claims and what legal protections exist under Florida law is essential for safeguarding your greatest investment—your home on the Clermont Chain of Lakes. This guide, written from the policyholder’s perspective, walks you through the rights, deadlines, and practical steps you need to know when facing a property insurance claim denial in Clermont, Florida.

Understanding Your Property Insurance Rights in Florida

1. The Right to a Complete, Timely Investigation

Florida’s Homeowner Claims Bill of Rights (Florida Statutes § 627.7142) requires insurers to begin investigating your claim within 14 days after you provide written notice. They must acknowledge receipt, assign an adjuster, and keep you updated. If the carrier fails to investigate promptly, you may raise that delay later as evidence of bad faith.

2. The Right to Receive a Coverage Decision Within 90 Days

Under Florida Statutes § 627.70131(7)(a), insurers must pay or deny a residential property claim—or at least explain why additional time is needed—within 90 days of notice. Late payments accrue interest.

3. The Right to Prompt Payment of Accepted Amounts

Once coverage and the amount are confirmed, Florida insurers must tender payment within 20 days (Florida Statutes § 627.4265). If they don’t, the amount earns interest at the statutory rate.

4. The Right to Challenge Lowball Estimates

Your policy likely contains an appraisal clause that allows either party to demand a neutral appraisal when the dispute centers on the amount of loss. This is separate from a coverage denial, but it empowers homeowners who believe the insurer’s estimate is too low.

5. The Right to Legal Representation

Florida law permits insureds to hire a licensed Florida attorney on a contingency fee basis so legal fees are paid only when the claim is resolved successfully. Attorney’s fees may even be shifted to the insurer if the homeowner prevails on a breach-of-contract lawsuit under Florida Statutes § 627.428 and § 627.70152 (for suits filed after 2021).

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rely on multiple policy exclusions and technical requirements that often trip up unsuspecting policyholders. Some frequent denial grounds in Clermont include:

• Late Notice – Florida Statutes § 627.70132 generally requires an insured to provide initial notice of a hurricane or windstorm loss within one year of the date of loss (18 months for supplemental claims). Non-hurricane losses must still be reported “promptly,” which carriers often interpret to mean within days or weeks.

• Pre-Existing Damage – Insurers may assert that roof leaks or foundation cracks existed before the policy period, shifting responsibility back to the homeowner.

• Wear and Tear Exclusion – Most HO-3 policies exclude gradual deterioration. Disputes arise over whether water damage was sudden (covered) or the result of long-term wear (excluded).

• Failure to Mitigate – Florida policies require you to take reasonable steps—such as tarping a roof—to prevent further damage. Delay can justify partial or total denial.

• Policy Lapse for Non-Payment – Missing premium payments, especially amid rate hikes, can trigger cancellation only if the insurer follows statutory notice procedures (Florida Statutes § 627.728).

• Misrepresentation or Fraud – If an insurer believes the application or claim contained false statements, it may rescind coverage entirely. Florida law, however, places the burden on insurers to prove intentional misrepresentation that was material to the risk.

Understanding the insurer’s stated basis for denial is the first step toward overturning it. Many reasons can be challenged through documentation, expert reports, or legal action.

Florida Legal Protections & Insurance Regulations

A. Statute of Limitations for Property Insurance Lawsuits

Under Florida Statutes § 95.11(2)(e), a homeowner generally has five years from the date of loss to file a breach-of-contract lawsuit against an insurer. However, other deadlines—like the one-year notice requirement for hurricanes—apply before litigation. Missing the pre-suit notice deadlines can jeopardize a valid court claim, so act quickly.

B. Bad Faith Causes of Action

Florida Statutes § 624.155 creates a civil remedy when insurers act in bad faith—such as failing to settle claims when they could and should have done so. Before suing for bad faith, the insured must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services and allow 60 days to cure.

C. Post-Loss Duties

Standard policies issued in Clermont mandate that a homeowner:

• Give prompt notice.

• Document the damage via photos or video.

• Provide a “Sworn Proof of Loss” within the time required by the policy (typically 60 days after request).

• Allow the insurer to inspect.

Failure to comply can complicate the claim, but under Florida caselaw (e.g., State Farm v. Curran, 135 So.3d 1071 [Fla. 2014]) the insurer still must prove it was prejudiced by any breach of post-loss duties before outright denial.

D. Attorney Licensing and Fee Shifting Rules

Only members of The Florida Bar may provide legal advice or represent homeowners in state courts. Florida Rule of Professional Conduct 4-1.5 permits contingency fees in property insurance cases, and statutes allow prevailing policyholders to recover reasonable attorney’s fees from the carrier, a consumer-friendly rule intended to deter wrongful denials.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Denial Letter and Complete Claim File

Insist on a written denial specifying every policy provision relied upon. Florida Administrative Code Rule 69O-166.024 requires insurers to provide a copy of the claim file upon written request, subject to reasonable copying charges.

2. Review Key Policy Sections

Pay special attention to the Declarations Page, Exclusions, Conditions, and Endorsements. Note any ambiguous language; Florida courts interpret ambiguities in favor of the insured (Anderson v. Auto-Owners Ins. Co., 172 So.2d 513 [Fla. 1965]).

3. Gather Independent Evidence

• Contractor Estimates – Obtain at least two Clermont-area licensed contractor bids for repairs.

• Engineer or Roofer Report – A professional opinion can rebut the insurer’s “wear and tear” assertion.

• Photographs & Videos – Time-stamped images from before and after the loss prove sudden damage.

4. File a Supplement or Re-Open the Claim

Florida Statutes § 627.70132(4) allows supplemental claims up to 18 months after a hurricane loss. For other perils, policies typically permit reopening as long as it is within the five-year lawsuit window.

5. Engage the Florida Department of Financial Services Mediation Program

The DFS administers a free, non-binding mediation program under Florida Statutes § 627.7015. Either the homeowner or insurer can request mediation. While not a substitute for litigation, mediations often resolve disputes efficiently.

6. Preserve Evidence and Communication Logs

Keep emails, letters, adjuster voicemails, and inspection notes in a single file. If litigation becomes necessary, these records are critical.

When to Seek Legal Help in Florida

Although many minor disagreements can be resolved through supplemental claims or mediation, certain red flags indicate it is time to consult a Florida attorney experienced in property insurance:

• The denial cites misrepresentation or fraud.

• The carrier refuses to produce the claim file or engineering report.

• Extensive structural damage far exceeds the insurer’s estimate.

• More than 90 days have passed with no payment or denial.

• The statute of limitations is approaching (remember the 5-year rule!).

An attorney can send a statutory presuit notice under Florida Statutes § 627.70152, demand appraisal, or file breach-of-contract and bad faith lawsuits in the appropriate courthouse—Lake County Circuit Court for most Clermont claims.

Local Resources & Next Steps

1. Government & Non-Profit Agencies

Florida DFS Consumer Helpline – 1-877-693-5236

• Lake County Clerk of Courts – File small claims (under $8,000) at 550 W. Main St., Tavares, FL 32778.

• Clermont Building Services Department – Obtain copies of building permits to prove repairs or pre-loss condition.

2. Hiring Local Experts

• Public Adjusters – Licensed under Florida Statutes Chapter 626, public adjusters work on contingency (capped at 20% for non-hurricane claims).

Contractors & Engineers – Verify the license status through the Florida Department of Business & Professional Regulation.

3. Document, Decide, and Act

Your next step depends on the denial basis, repair urgency, and time left under statutory deadlines. Many Clermont homeowners begin with a no-cost legal review to clarify options.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every claim is unique; consult a licensed Florida attorney for advice 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.