Insurance Attorney: Property Insurance Orlando, Florida

Introduction: Why Orlando Homeowners Need This Guide

Central Florida weather can be beautiful one minute and destructive the next. From summertime thunderstorms that flood Lake Eola Drive to hurricanes that sweep across Orange County, Orlando homeowners routinely face property damage risks. Unfortunately, many discover—often after the roof is gone—that their insurer is more interested in protecting its bottom line than restoring their home. If you have experienced a property insurance claim denial Orlando Florida residents know how frustrating the process can be. This comprehensive guide, written with a slight bias toward protecting policyholders, explains your rights under Florida insurance law, outlines the steps you can take after a denial, and shows when calling an experienced Florida attorney can make all the difference.

Everything here focuses on Florida statutes, regulations, and court decisions that apply to Orlando property owners. We cite only authoritative sources—Florida Statutes, the Florida Department of Financial Services (DFS), the Florida Administrative Code, and published opinions from Florida courts. By the end, you will understand how to level the playing field against even the largest insurance carriers.

Understanding Your Property Insurance Rights in Florida

Your Policy Is a Contract

Under Florida law, a homeowner’s insurance policy is a binding contract. If the insurer fails to live up to its promises, you have the right to sue for breach of contract within five years. That timeline is set by Florida Statutes §95.11(2)(e), which establishes a five-year statute of limitations for actions founded on a written contract.

The Homeowner Claims Bill of Rights

In 2014, the Florida Legislature enacted the Homeowner Claims Bill of Rights, now codified at Fla. Stat. §627.7142. Key protections include:

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

• The right to receive a claim decision—or a well-grounded explanation—within 90 days (Fla. Stat. §627.70131).

• The right to receive full settlement payment, or payment of the undisputed portion, within 90 days of notice.

These statutory deadlines create leverage: if your insurer drags its feet, you can seek interest penalties and attorney’s fees under Fla. Stat. §627.428 (renumbered §627.428 to §627.70152 in 2021 for property suits).

Prompt Notice vs. Late Notice

Florida does require policyholders to give “prompt” notice of a loss. However, Florida courts—including the Fifth District Court of Appeal in American Integrity Ins. Co. v. Estrada, 276 So.3d 905 (Fla. 5th DCA 2019)—hold that late notice does not automatically defeat a claim; the insurer still bears the burden of showing prejudice.

Replacement Cost vs. Actual Cash Value

Most modern policies offer Replacement Cost Value (RCV) coverage for your dwelling. Under Fla. Stat. §627.7011, the insurer cannot withhold depreciation on rebuilding costs if you actually repair or replace the property. Knowing this prevents carriers from short-changing you by cutting large depreciation amounts from your first payment.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Wear and Tear or Age-Related Damage

Insurers frequently argue that roof leaks are due to “wear and tear”—an exclusion in most policies. Orlando’s combination of intense UV exposure and daily summer storms accelerates shingle deterioration, making this the insurer’s go-to excuse.

2. Failure to Mitigate

Florida policies require you to take reasonable steps to prevent further damage, such as tarping a damaged roof. Carriers sometimes deny the entire claim if water intrusion continues before repairs start, alleging you failed to mitigate.

3. Late Reporting

Although Fla. Stat. §627.70132 sets a two-year deadline to report hurricane claims (and three years for supplemental claims), insurers still deny for “late notice” even when you report well inside those windows. Always document when and how you gave notice.

4. Alleged Material Misrepresentation

A company may void coverage by claiming you misrepresented the extent of damage or pre-loss condition. Florida courts require clear and convincing evidence before allowing a policy rescission based on fraud, but carriers still raise the issue to pressure homeowners.

5. Exclusions Hidden in the Policy

Typical exclusions include flood, earth movement, and mold. Yet some perils, such as mold resulting from a covered water loss, may still be covered up to sub-limits. Reading your declarations page and endorsements carefully—or having an insurance attorney review them—can reveal hidden coverage.

Florida Legal Protections & Insurance Regulations

Claims Handling Deadlines

Fla. Stat. §627.70131 imposes strict time frames: acknowledgement in 14 days, inspection within reasonable time, and payment or denial within 90 days. If the insurer misses these deadlines without good cause, interest accrues from day 91.

Attorney’s Fees for Wrongful Denials

Policyholders who prevail in court can recover reasonable attorney’s fees and costs under Fla. Stat. §627.428 (applicable to suits filed before 2021) and §627.70152 (for suits filed after July 1, 2021). This fee-shifting statute is critical because it allows homeowners with modest damage to hire counsel without out-of-pocket fees.

Assignment of Benefits (AOB) Reforms

Effective 2019, Fla. Stat. §627.7152 limits contractors’ ability to sue insurers under an assignment of benefits agreement. Although reform curbed some abuse, homeowners still retain the right to assign benefits so a contractor can begin emergency repairs quickly—just be sure any AOB complies with statutory disclosures.

Bad Faith Remedies

When an insurer’s conduct is so unreasonable that it violates Fla. Stat. §624.155, you may bring a civil remedy notice (CRN) through the DFS. A timely, well-drafted CRN gives the insurer 60 days to cure. Failure to cure opens the door to an extra-contractual bad-faith lawsuit, potentially multiplying your recovery.

Florida Department of Financial Services (DFS) Mediation

Under Fla. Stat. §627.7015, residential policyholders can demand free, state-sponsored mediation through DFS. The carrier must pay the mediator’s fee, and although the process is non-binding, it forces insurers to explain their position and often leads to settlements.

For more information, see the DFS Consumer Mediation Program: DFS Property Insurance Mediation.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully Identify the precise exclusion or policy provision the carrier relies on. Save envelopes, emails, and all enclosures. Gather Evidence Collect photos, videos, contractor estimates, receipts, and weather reports (radar history can prove a specific storm event hit Orlando on the date of loss). Request the Claim File Under Florida Administrative Code Rule 69O-166.040, insurers must maintain claim notes. Ask for the entire file; if they refuse, that fact can support a bad-faith argument later. Hire an Independent Adjuster A licensed public adjuster (regulated by DFS) can prepare a line-item estimate using Xactimate or Symbility to counter the insurer’s undervaluation. File a Notice of Intent (NOI) For lawsuits filed after 2021, Fla. Stat. §627.70152 requires a pre-suit Notice of Intent. The NOI must include an estimate, disputed amount, and evidence. The insurer then has 10 days to respond with payment or mandatory appraisal. Consider State-Sponsored Mediation Free mediation often speeds payment without litigation. Consult an Insurance Attorney For contested denials or lowball offers, counsel levels the playing field and ensures compliance with procedural hurdles.

When to Seek Legal Help in Florida

While some straightforward claims settle with mediation, complex or high-dollar disputes usually require professional help. You should call an attorney licensed by The Florida Bar when:

• The denial cites ambiguous exclusions.

• Payment is delayed past 90 days without explanation.

• The carrier alleges fraud or misrepresentation.

• There is a significant gap between your contractor’s estimate and the insurer’s offer.

• The insurer demands an Examination Under Oath (EUO) and you feel unprepared.

Florida attorneys are regulated by the Bar’s Rules of Professional Conduct. Only lawyers admitted to practice in the state may give legal advice or represent homeowners in court. Verifying licensure is easy through the Bar’s online directory.

Local Resources & Next Steps for Orlando Homeowners

Key Government Contacts

Florida DFS Consumer Services – File complaints, ask questions about claim delays. Florida Office of Insurance Regulation (OIR) – Market conduct reports and enforcement actions.

• Orange County Building Department – Permitting records can prove the age of a roof or remodel, defeating a carrier’s “pre-existing damage” argument.

Community & Professional Help

• Public Adjusters in Metro Orlando – Many offer free initial inspections.

• Roofing Contractors with Orlando business tax receipts – Local tradespeople understand Central Florida building codes.

Florida Bar Lawyer Referral Service – Connects you with a vetted Florida attorney experienced in property claims.

Action Plan

Document everything, comply with policy conditions, keep communication in writing, and be prepared to escalate. Orlando homeowners who arm themselves with knowledge—and an experienced lawyer when needed—routinely overturn denials or secure far larger settlements than the insurer’s first offer.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for advice specific to your situation.

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