Insurance Attorney’s Property Insurance Guide – Longwood FL

Introduction: Why Longwood Homeowners Need to Understand Florida Property Insurance

Bordered by Lake Jessup to the east and only a short drive from downtown Orlando, Longwood is home to roughly 16,000 Floridians who enjoy tree-lined neighborhoods, historic districts, and quick access to Seminole County’s lakes and preserves. Unfortunately, Longwood’s central location does not spare it from Florida’s notorious weather risks—from tropical storms racing up the St. Johns River basin to severe summer thunderstorms that drop hail the size of marbles on roofs along State Road 434. Because property damage can happen suddenly and cost thousands of dollars, most Longwood homeowners carry property insurance. Yet many policyholders discover too late that insurers sometimes delay, underpay, or outright deny legitimate claims.

This guide is written for Longwood homeowners with a slight bias toward protecting policyholders. It explains your rights under Florida insurance law, outlines why claims get denied, and walks you through each step to challenge a denial—all while pointing you to local resources, statutes, and court decisions. Whether your Colonial-style home in Sweetwater Oaks suffered water damage or your condo near Longwood’s SunRail station was hit by wind-driven rain, the information below will help you take confident, well-informed action.

Understanding Your Property Insurance Rights in Florida

Property insurance in Florida is governed primarily by Chapter 627 of the Florida Statutes and by regulations enforced by the Florida Office of Insurance Regulation (OIR) and the Florida Department of Financial Services (DFS). Every residential policy issued in Florida must comply with minimum standards that protect consumers from unfair claim practices. Key rights include:

• The Right to Prompt Communication. Florida Statutes § 627.70131(1) requires insurers to acknowledge receipt of your claim in writing within 14 days.

• The Right to a Timely Claim Decision. The same statute mandates that insurers pay or deny a claim within 60 days after receiving a sworn proof of loss, unless factors beyond their control prevent payment.

• The Right to Transparent Explanation. If an insurer denies or partially denies your claim, it must provide a written explanation citing specific policy language—not broad boilerplate.

• The Right to Appraisal or Mediation. Most Florida policies offer a contractual appraisal process; the DFS also operates a free mediation program for certain residential claims under § 627.7015.

The Right to Hire a Florida attorney. You may engage counsel on a contingency fee. Rule 4-1.5 of the Rules Regulating The Florida Bar governs fees; contingency percentages must be clear and agreed upon in writing.

Remember, these rights exist in addition to the implied duty of good faith and fair dealing that applies to every insurance contract in Florida. If an insurer acts in reckless disregard of your rights, you may pursue a bad-faith action under § 624.155 after satisfying statutory prerequisites.

Common Reasons Property Insurance Companies Deny Claims in Florida

While every claim is unique, insurers rely on a familiar set of reasons to underpay or deny benefits. Below are the most frequent justifications encountered by Longwood homeowners and ways to evaluate their validity.

• Late Notice of Claim. After major reforms in 2022 (SB 2-A), Florida Statutes § 627.70132 generally requires notice of a new claim within one year of the date of loss, and any supplemental or reopened claim within 18 months. Miss those deadlines and insurers often issue automatic denials. However, courts may excuse late notice if the insurer cannot show prejudice.

• Pre-Existing or Wear-and-Tear Damage. Carriers frequently argue that roof leaks arise from age, not wind. But expert engineering reports, weather data for Longwood on the date of loss, and photographs of displaced shingles can rebut the allegation.

• Failure to Mitigate. Under most policies and § 627.701(2), policyholders must take reasonable steps to protect property from further damage. Insurers sometimes deny claims when homeowners delay drying or tarping a roof. Keep receipts from any emergency services—they are your best defense.

• Excluded Causes of Loss. Flood and earth movement exclusions appear in nearly every Florida policy. Yet water damage from a burst pipe in a Longwood townhouse is not flood. Distinguish between excluded surface water events and covered sudden bursts.

• Alleged Material Misrepresentation. Insurers may void a policy if they believe the application contained false statements. Florida’s stringent standard (materiality and intent) means mere mistakes rarely justify cancellation once a claim is filed.

Because each denial letter cites policy provisions, review the wording with a fine-tooth comb. Do not rely solely on the adjuster’s summary—pull your entire policy, including endorsements and the declarations page, to confirm whether the cited exclusion truly applies.

Florida Legal Protections & Insurance Regulations

Statutes of Limitation and Notice Deadlines

• Notice of Claim: § 627.70132—1 year for new claims, 18 months for supplemental.

• Breach of Written Contract: § 95.11(2)(b)—5 years to file suit after accrual of action.

• Bad-Faith Action: 5 years from date of underlying resolution; requires prior civil remedy notice under § 624.155(3).

Regulatory Agencies

The Florida OIR approves policy forms and rates, while the DFS Consumer Services Division accepts complaints and administers mediation. Policyholders may file a complaint online through the DFS Consumer Portal. Insurers that repeatedly engage in unfair claim practices can face market conduct fines or lose authority to write business in Florida.

Recent Legislative Reforms Affecting Longwood Homeowners

• 2023 HB 837 shortened the statutory offer-of-judgment window and modified attorney’s fee multipliers, but homeowners can still recover reasonable fees when insurers wrongfully deny benefits.

• SB 76 (2021) introduced a mandatory pre-suit notice requirement—policyholders must give insurers 10 business days’ notice and an itemized estimate before filing suit.

• SB 2-A (2022 special session) abolished one-way attorney’s fees in some contexts but left intact the right to fees for suits filed before the effective date. Discuss timelines carefully with a licensed Florida attorney.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Line by Line

Florida law obligates insurers to explain the factual and legal basis for any denial. Note the policy sections cited. Does the letter reference a condition, exclusion, or deadline? Compare that language to your policy. Pay particular attention to endorsements that may restore coverage the general form appears to exclude.

2. Request a Certified Copy of the Policy

Under § 627.4137, insurers must produce the full policy upon request. Ask for it in writing—email is acceptable—and keep a copy of the timestamped request.

3. Gather Evidence

• High-resolution photos or video of the damage.

• Weather reports or radar data for Longwood’s ZIP 32750 on the date of loss (NOAA or local news archives).

• Invoices from roofers, plumbers, or water mitigation companies.

• Communications with the adjuster, including text messages.

4. Consider DFS Mediation

For claims under $500,000 with a declared state of emergency or residential coverage, DFS offers free mediation. You or your attorney may request mediation online. While non-binding, many carriers increase offers at mediation to avoid litigation.

5. Provide Statutory Pre-Suit Notice

If the denial stands, serve the insurer with a pre-suit notice under § 627.70152 (effective 2023). The notice must include:

• Policy number and claim number.

• A detailed description of the dispute.

• An itemized estimate of damages (by trade—roof, drywall, flooring, etc.).

The insurer then has 10 business days to respond with either a settlement offer or a demand for appraisal.

6. File Suit Within the Limitation Period

If no satisfactory resolution emerges, litigation may be necessary. You generally have five years from the date the insurer breached the policy to file a breach-of-contract action in Seminole County Circuit Court (18th Judicial Circuit). However, waiting erodes evidence and negotiating power. Experienced counsel can often settle within months once lawsuits are filed and depositions scheduled.

When to Seek Legal Help in Florida

Many homeowners wonder whether they can handle an appeal alone. While you can pursue mediation or appraisal pro se, retaining an insurance attorney often levels the playing field. Here are signs professional help is warranted:

• The claim involves structural damage over $30,000 or your mortgage lender is threatening forced-place coverage.

• The insurer alleges fraud or misrepresentation—a claim that can jeopardize coverage altogether.

• You received a “reservation of rights” letter indicating coverage may be later denied.

• Multiple experts (engineers, hygienists) were hired by the carrier but you were not provided their full reports.

• A statute of limitation or notice deadline is approaching.

Florida attorneys are regulated by The Florida Bar and must be in good standing to represent you in state court. Verify a lawyer’s license at the Bar’s official website before signing any fee agreement. Contingency contracts must meet Rule 4-1.5’s requirements and include a three-day rescission period.

Local Resources & Next Steps

Seminole County and Longwood-Specific Contacts

• Seminole County Clerk of Court – File civil suits or retrieve case records for property insurance litigation.

• City of Longwood Building Division – Obtain inspection reports, building permits, or code enforcement data that corroborate your loss.

• Seminole County Emergency Management – Storm history archives helpful for proving date-of-loss weather events.

• DFS Tallahassee Consumer Helpline – 1-877-693-5236 for mediation scheduling or complaint tracking.

Additional Authoritative Reading

For deeper dives into florida insurance law, review:

Florida Office of Insurance Regulation Property & Casualty Resources Full Text of § 627.70132 (Notice of Property Insurance Claim) Florida Supreme Court Opinions influ­encing claim handling standards

Moving Forward

Document, comply with deadlines, and assert your rights forcefully. Regulators have tightened timelines, but they also strengthened transparency requirements. You do not have to accept the first “no”—many Longwood homeowners have successfully overturned denials with diligent evidence and strategic legal action.

Legal Disclaimer: This guide is provided for educational purposes only and does not constitute legal advice. Laws change, and the application of the law depends on the specific facts of each case. Consult a licensed Florida attorney about your particular situation.

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