Insurance Attorney: Property Insurance Freeport, Florida

Introduction: Freeport’s Unique Insurance Landscape

Freeport, Florida may be a small city in Walton County, but its location between Choctawhatchee Bay and the Gulf of Mexico places local homes squarely in the path of Florida’s most common perils—hurricanes, wind-driven rain, and sudden flooding. Because Walton County’s population has nearly doubled over the past two decades, many new residents have purchased property insurance policies without ever having to file a claim. When the first serious loss occurs, they are often shocked to discover that the insurer drags its feet, underpays, or flat-out denies coverage.

This guide is written for Freeport homeowners who want a clear, Florida-specific game plan when facing a property insurance claim denial. It draws exclusively from Florida statutes, regulations, and court decisions, with a slight bias toward protecting policyholders—because you paid the premiums, and the law says you deserve fair treatment. Whether your roof was torn off on County Highway 83, or a kitchen pipe burst in a Hammock Bay townhome, knowing your rights under Florida insurance law is critical.

Below you will find seven sections that walk you through your legal rights, the most common insurer tactics, the steps to take after a denial, and when to call a licensed Florida attorney. Keep this guide handy before you speak to any adjuster, sign any release, or accept any lowball offer.

1. Understanding Your Property Insurance Rights in Florida

1.1 The Policy Is a Contract—Florida Law Makes It Enforceable

Your homeowners policy is a binding contract governed primarily by Chapter 627 of the Florida Statutes and general contract law. Under Fla. Stat. § 95.11(2)(e), you have five years from the date of loss to file a lawsuit for breach of a property insurance contract. That deadline is not negotiable, so mark it on your calendar the moment a loss occurs.

1.2 The Homeowner Bill of Rights

The Florida Department of Financial Services (DFS) publishes a “Homeowner Claim Bill of Rights” that must be provided to you within 14 days after you notify your insurer of a claim. Key rights include:

• The right to receive acknowledgment of your claim within 14 days.

• The right to receive a prompt claim decision—insurers must pay or deny within 90 days of notice (Fla. Stat. § 627.70131).

• The right to receive a reasonable explanation when your claim is denied or payment is delayed.

1.3 Notice Deadlines Under § 627.70132

As of July 1, 2021, Florida requires that you give written notice of a new or reopened claim within two years of the date of loss, and any supplemental claim within three years. Miss these deadlines and your insurer can deny on pure timing grounds—even if its liability would otherwise be clear.

1.4 The “Bad-Faith” Cause of Action

If an insurer fails to settle a valid claim when it could and should have done so, Fla. Stat. § 624.155 allows policyholders to pursue extra-contractual damages. Before suing, you must file a Civil Remedy Notice (CRN) with DFS and allow the insurer 60 days to cure the violation.

2. Common Reasons Property Insurance Companies Deny Claims in Florida

Florida insurers employ a familiar playbook. Recognizing these tactics early can help you counter them effectively—in many cases with the help of an experienced insurance attorney.

• Late Notice. The carrier alleges you failed to report the claim within two years, citing § 627.70132. Sometimes notice was timely, but the adjuster “can’t find” your first phone call. Keep written proof of the date you reported.

• Wear and Tear Exclusions. Policies exclude losses caused by “age, deterioration, or maintenance neglect.” After Hurricane Sally, many Freeport roofs were deemed “old” rather than “storm-damaged,” even though lifted shingles and water intrusion were obvious.

• Water Damage Limitations. Most policies cap non-weather-related water claims at $10,000 unless you purchased an endorsement. Insurers may categorize a burst pipe as “slow leak” to fall under the cap.

• Concurrent-Causation. When two causes contribute—one covered (wind) and one excluded (flood)—insurers may deny entirely. Florida follows the “efficient proximate cause” doctrine after Sebastian v. State Farm, so if the covered peril set the loss in motion, coverage can still apply.

• Misrepresentation. Any error on the application or in post-loss statements can trigger rescission. For example, underreporting prior claims or square footage.

• Failure to Mitigate. You must protect the property from further damage. Not tarping a roof or shutting off water may become grounds for denial.

These denials are not always lawful. Many are reversed once policyholders present expert evidence or file suit.

3. Florida Legal Protections & Insurance Regulations

3.1 Prompt Pay Statute

Under Fla. Stat. § 627.70131, insurers must: (1) acknowledge communications within 14 days; (2) begin an investigation within 10 days after proof-of-loss statements; and (3) pay undisputed amounts within 90 days of notice. Violations support a bad-faith claim.

3.2 Assignment of Benefits (AOB) Restrictions

Florida’s 2019 AOB reform (Fla. Stat. § 627.7152) limits contractors’ ability to sue insurers directly. While this aims to reduce fraud, it also means homeowners need to be more engaged in their own claims. You can still assign benefits, but the agreement must follow strict formatting and notice rules.

3.3 Appraisal Clause and Mediation

Most policies contain an appraisal clause. Either party may demand appraisal when only amount of loss is disputed—not coverage. DFS also runs a free Residential Property Mediation Program. Filing can toll the statute of limitations, buying you time to gather evidence.

3.4 Attorney Fees & Fee Shifting

Fla. Stat. § 627.428 (now § 627.428/§ 626.9373 for surplus lines) historically required insurers to pay policyholder attorney fees when the insured obtained any judgment. SB 2-A (Dec 2022) repealed the automatic fee shift for policies issued after Jan 1, 2023. Many Freeport policies are older, so check your effective date. Even under new policies, fees may still be recoverable under proposals for settlement or bad-faith actions.

3.5 Licensing Rules for Florida Attorneys

Only lawyers admitted by The Florida Bar may provide legal advice on property insurance claims. You can verify a lawyer’s standing through the Bar’s online directory.

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

4.1 Read the Denial Letter Carefully

The denial must cite specific policy language. Compare it to your declarations page and endorsements. Flag any provisions the adjuster failed to quote in full.

4.2 Request the Claim File

Florida Administrative Code Rule 69B-220.201 grants you the right to request all adjuster notes, photographs, and expert reports. Send a written request via certified mail.

4.3 Obtain Independent Estimates

Hire a licensed public adjuster or certified contractor in Walton County to produce a detailed Xactimate estimate. Their fee is capped at 10% of recovered amounts during a state of emergency under Fla. Stat. § 626.854.

4.4 Document Everything

• Date-stamped photos and video of damage.

• Receipts for emergency repairs, tarps, plywood, dehumidifiers.

• Any emails or texts with the insurer or field adjuster.

4.5 File a Notice of Intent (NOI) Under SB 76

For claims involving policies issued before Dec 2022, you must serve the insurer with a pre-suit Notice of Intent at least 10 days before suing and provide an itemized estimate. The insurer then has 10 days to respond with a revised offer or demand appraisal.

4.6 Explore Mediation or Appraisal

DFS mediation is non-binding and free to policyholders. If the dispute is strictly over value, appraisal can resolve matters without litigation, but watch for “appraisal panel bias” clauses.

4.7 Preserve Statute of Limitations

Lawsuits must be filed within five years (Fla. Stat. § 95.11(2)(e)). Tolling can occur during mediation or while awaiting a CRN cure period, but never assume—confirm with counsel.

5. When to Seek Legal Help in Florida

5.1 Red Flags That Call for an Attorney

• Insurer denies based on “late notice” but you have proof of timely reporting.

• Carrier requests an Examination Under Oath (EUO) and extensive financial records.

• Lowball estimates that are less than half of your contractor’s bid.

• Repeated delays or “we’re still investigating” letters past 90 days.

• Threats of policy cancellation or accusations of fraud.

5.2 What a Florida Insurance Attorney Can Do

A licensed attorney can:

• Issue subpoenas for the insurer’s internal guidelines.

• Depose field adjusters and engineers who wrote denial reports.

• File a Civil Remedy Notice and, if needed, a bad-faith lawsuit.

• Negotiate settlements that include recoverable depreciation, ALE (additional living expenses), and attorney fees where allowed.

5.3 Costs and Contingency Fees

Most property insurance attorneys work on contingency—no fee unless you recover. Under Rule 4-1.5(f)(4)(B) of the Florida Bar, fees must be reasonable and are normally 10-30% of the gross recovery depending on litigation stage.

6. Local Resources & Next Steps

6.1 Government Agencies

Florida Department of Financial Services Consumer Services – File complaints, request mediation, and obtain the Homeowner Claim Bill of Rights. Florida Statute § 627.70132 – Review the exact notice deadlines for property claims. Florida Office of Insurance Regulation Complaint Portal – Report systemic claim-handling issues. Florida Bar Attorney Search – Confirm that your counsel is licensed and in good standing.

6.2 Local Contacts in Freeport

• Walton County Building Department – 842 State Highway 20 East, Freeport; permits and inspection reports help prove rebuild costs.

• Walton County Emergency Management – Obtain storm reports and NOAA data to corroborate wind speeds.

• Walton County Clerk of Courts – File small-claims suits under $8,000 if you opt to proceed without counsel.

6.3 Practical Checklist Before You Call the Insurer Again

• Gather your policy (all forms and endorsements).

• Prepare a timeline of events with supporting documents.

• Photograph every damaged area before and after temporary repairs.

• Get at least two independent repair estimates.

• Calculate your deductible and compare it to the carrier’s calculations.

• Decide whether to request DFS mediation or hire an attorney.

Legal Disclaimer

This guide provides general information about Florida property insurance laws and is not legal advice. Every claim is fact-specific. Consult a licensed Florida attorney before making decisions that affect your legal rights.

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