Insurance Attorney Property Insurance Guide – Marathon, Florida

Introduction: Why Property Insurance Matters in Marathon, Florida

Marathon, Florida sits in the heart of the Florida Keys, stretching across several islands from the Seven Mile Bridge to Long Key. While its turquoise waters and laid-back lifestyle attract visitors from around the world, local residents know that living in paradise also carries serious property risks. Hurricanes such as Irma (2017) and Ian (2022) proved how vulnerable Keys homes are to windstorm, storm surge, and flooding. When disaster strikes, Marathon homeowners rely on their property insurance policies to repair roofs, replace interiors destroyed by saltwater intrusion, and rebuild docks damaged by wave action. Unfortunately, insurers do not always pay what is promised. If you are facing a property insurance claim denial marathon florida, understanding Florida-specific laws and procedures can make the difference between a fair payout and paying reconstruction costs out of pocket.

This guide is written with a slight bias toward protecting policyholders because Florida law recognizes that the insurer generally drafts the policy, holds superior resources, and owes a duty of good faith to its insureds. Drawing on authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (“DFS”), and published opinions from Florida courts, we outline the rights of Marathon homeowners, common denial tactics, and practical steps—including when to involve a qualified Florida attorney—to maximize your chances of recovering the benefits for which you paid premiums.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract Governed by Florida Law

Under Florida contract principles, an insurance policy is interpreted in favor of the insured when language is ambiguous. Florida courts repeatedly hold that exclusions must be interpreted narrowly, while coverage provisions are construed broadly. This rule provides Marathon homeowners with a legal advantage when fighting claim denials rooted in unclear policy wording.

2. Key Statutory Protections

Statute of Limitations – Civil Actions: Homeowners generally have five years to file a breach-of-contract lawsuit against their insurer under Statute of Limitations – Fla. Stat. §95.11(2)(e). The clock starts when the insurer breaches the policy (often the date of denial or underpayment). Notice of Property Loss: Per Fla. Stat. §627.70132, policyholders must give written notice of a new or reopened claim to their insurer within two years of the date of loss (one year for supplemental claims). Missing this deadline can bar recovery, so Marathon homeowners should notify carriers quickly after discovering damage.

• Prompt Payment Requirement: Florida’s Homeowner Claims Bill of Rights (Fla. Stat. §627.7142) requires insurers to acknowledge a claim within 7–14 days, begin investigation within 14 days, and pay undisputed amounts within 60 days after receiving a sworn proof of loss.

• Bad-Faith Remedies: If an insurer fails to settle a claim “when, under all circumstances, it could and should have done so,” the insured may file a Civil Remedy Notice (“CRN”) under Fla. Stat. §624.155 and pursue extra-contractual damages.

3. The Right to Hire a Public Adjuster or Attorney

Florida law allows policyholders to hire licensed public adjusters to estimate damages or an attorney to negotiate or litigate the claim. Only Florida-licensed attorneys may practice law here (see Rules Regulating the Florida Bar, Ch. 4). Contingency fee arrangements are common and generally must be in writing with required consumer disclosures.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers often rely on policy exclusions or procedural defenses to limit payouts. Below are frequent denial reasons seen by marathon homeowners and across the state:

• Late Notice of Claim – Arguing that the insured reported the loss beyond the two-year notice window in Fla. Stat. §627.70132.

• Wear and Tear Exclusion – Claiming roof leaks or plumbing failures are due to age or lack of maintenance, not a covered peril.

• Flood vs. Wind Damage – After a hurricane, insurers may assert damage was caused by excluded storm surge (flood) rather than covered wind, shifting responsibility to the National Flood Insurance Program (NFIP).

• Concurrent Causation – Florida’s anti-concurrent causation clause permits denial if an excluded peril and a covered peril act together. Courts require insurers to prove the excluded peril was the efficient proximate cause.

• Pre-Existing Damage – Suggesting the property was already in disrepair.

• Failure to Protect the Property – Asserting that the homeowner did not take reasonable steps (e.g., tarping a roof) to mitigate further damage.

• Misrepresentation – Alleging false statements during underwriting or the claims process to void coverage.

Remember, these are defenses—not final verdicts. Florida law places the burden on the insurer to prove an exclusion applies. Policy language must be read in context of state statutes that favor coverage.

Florida Legal Protections & Insurance Regulations

1. The Florida Department of Financial Services (DFS)

The DFS oversees insurance consumer services, licensure of adjusters, and handles consumer complaints. If you believe your insurer is acting unfairly, you can file a complaint online with the Florida Department of Financial Services. DFS mediation is available for certain claims under $50,000 and must be requested within 90 days of the insurer’s notice of rights letter.

2. Office of Insurance Regulation (OIR)

OIR monitors insurer solvency and approves policy forms and rates. If an insurer becomes insolvent—as seen recently with several Florida domestics—claims may shift to the Florida Insurance Guaranty Association (FIGA), which pays covered claims up to statutory caps.

3. Legislative Reforms Impacting Homeowners

• House Bill 7065 (2019): Curbed assignment of benefits (AOB) abuse by requiring written disclosure and allowing insurers to cap benefits under an AOB agreement.

• Senate Bill 2D (2022): Shortened deadlines for insurers to pay or deny claims and limited attorney fee multipliers, but preserved policyholder rights to fee shifting under Fla. Stat. §627.428 when an insurer wrongly denies coverage.

• SB 2A (2022 Special Session): Created a new mandatory claims filing deadline for hurricane losses of one year and further modified property insurance litigation rules.

4. Attorney Licensing and Ethical Rules

Practicing law in Florida without a license violates Fla. Bar Rule 4-5.5. Florida attorneys must be members in good standing of the Florida Bar, maintain trust accounts, and provide written contingency fee contracts compliant with Rule 4-1.5(f). If you seek legal representation, confirm that the lawyer is “Active” on the Bar’s website at Florida Bar.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter in Detail

Insurers must state specific policy provisions used to deny or limit payment. Compare the cited language with your full policy—not just the declarations page—to verify accuracy. Look for: Coverage A (Dwelling), B (Other Structures), C (Personal Property), D (Loss of Use), deductibles, endorsements, and exclusions.

2. Request Your Full Claim File

Under Fla. Stat. §627.4137, you are entitled to certain policy information. Additionally, most insurers will provide adjuster notes, engineer reports, and photographs upon written request, allowing you to spot errors or bias in their investigation.

3. Gather Independent Evidence

• Hire a licensed contractor or structural engineer familiar with Florida Building Code wind-resistant standards.

• Obtain weather data (e.g., National Hurricane Center advisories) to correlate wind speeds with damage.

• Take high-resolution photos/videos of all damage, both exterior and interior, and preserve damaged materials when safe.

• Collect repair estimates itemized by trade (roofing, electrical, drywall) to demonstrate true replacement cost value.

4. File a Written Re-Inspection Request

Florida statutes and most policies allow a policyholder to request a second inspection. Provide your evidence and ask the insurer to reconsider. Keep all communications in writing or confirmed by email.

5. Consider DFS Mediation or Appraisal

Mediation is non-binding but often prompts settlement. Many Marathon homeowners also invoke the policy’s appraisal clause, a form of binding arbitration on the amount of loss (not coverage). Appraisal can be faster than litigation but still requires strategic preparation, including selection of a knowledgeable appraiser familiar with Keys construction costs.

6. Preserve Your Litigation Rights

Mark all critical deadlines: two-year notice of loss, five-year statute of limitations for breach of contract, and pre-suit notice requirements created by SB 2D. If approaching any deadline, consult a florida attorney immediately.

When to Seek Legal Help in Florida

While minor disputes may resolve through customer service calls or mediation, certain red flags call for immediate legal representation:

• Complete Denial of Coverage: No payment offered, citing exclusions you believe do not apply.

• Significant Underpayment: Payment far below contractor estimates or local replacement costs in Marathon.

• Bad-Faith Conduct: Delayed inspections, ignored communication, misrepresentation of policy terms, or failure to explain coverage positions.

• Complex Losses: Claims involving both wind and flood, substantial personal property inventories, or code-upgrade issues under Florida Building Code (§627.7011(1)(a)).

• Approaching Statutory Deadlines: If you are within months of the two-year notice deadline or the five-year lawsuit deadline.

A skilled florida attorney can send a Civil Remedy Notice, take examinations under oath, depose insurer employees, and litigate in Monroe County Circuit Court or U.S. District Court for the Southern District of Florida, depending on the amount and citizenship of the parties.

Local Resources & Next Steps

1. Monroe County Building Department

Before repairs, check permitting requirements unique to the Keys (e.g., wind-borne debris region standards). Their records may also document prior damage useful to your claim.

2. Marathon City Hall

Obtain elevation certificates and flood zone maps that clarify whether NFIP or your private insurer is responsible for certain damages. City Hall is located at 9805 Overseas Hwy, Marathon, FL 33050.

3. DFS Consumer Helpline

Call 1-877-MY-FL-CFO (693-5236) for free insurance assistance or to request mediation.

4. Local Contractors and Public Adjusters

Vet professionals for Florida licensure on myfloridalicense.com. Keys-based contractors understand salt corrosion, impact-rated windows, and stilt construction prevalent in Marathon.

5. Neighborhood Associations

Communities such as Key Colony Beach, Coco Plum, and Sombrero Beach often share information on group repairs and contractor referrals—helpful after widespread storm events.

6. Time-Sensitive Checklist

• Within 48 hours: Mitigate damage, photograph everything, notify insurer.

• Within 14 days: Provide preliminary estimate or proof of loss if requested.

• Within 90 days of denial: Evaluate DFS mediation.

• Within 1–2 years: Ensure all hurricane or general property claims are officially filed.

• Within 5 years: File suit if necessary.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change. For advice on your specific situation, consult a licensed Florida attorney.

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