Insurance Claims Attorney Guide: Property Insurance in Margate, Florida

Introduction: Why Margate Homeowners Need to Read This Guide

Nestled in northwest Broward County, Margate, Florida is only a short drive from the Atlantic Ocean and sits squarely in the path of many of the state’s notorious wind and rain events. From tropical storms moving up the Intracoastal Waterway to the everyday summer cloudbursts that can dump inches of rain in an hour, Margate homeowners know their property insurance policy is one of their most important financial safety nets. Yet far too many property owners learn—often after serious roof, water, or hurricane damage—how quickly an insurer can deny or underpay a claim. This comprehensive legal guide is written with a slight bias toward protecting policyholders, and it focuses squarely on the laws, deadlines, and practical steps that matter most to anyone facing a property insurance claim denial in Margate, Florida.

Every statute, administrative rule, and procedure referenced in this article comes from verified, authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions of Florida courts. You will find direct links to many of these resources so that you can double-check any point for yourself. Because Florida’s insurance landscape evolves quickly—especially after large-scale disasters—always confirm that you are reviewing the most current version of any law cited here and consider speaking with a Florida attorney experienced in first-party property claims.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract—And Florida Law Enforces It

Under Florida Statute § 95.11(2)(e), a policyholder generally has five years from the date of breach (often measured from the denial date) to file suit against an insurer for nonpayment on a homeowners insurance policy. This statute of limitations applies statewide, including in Margate. Additionally, Fla. Stat. § 627.70132 imposes a separate three-year notice deadline for hurricane and windstorm claims counted from the date of loss. Missing either of these key deadlines can forfeit your rights, so calendar them the day the damage happens.

2. The Homeowner Claims Bill of Rights

Florida’s Homeowner Claims Bill of Rights, created by Fla. Stat. § 627.7142, guarantees that you receive:

• Confirmation of your claim’s receipt within 14 days.
• A decision (payment, denial, or partial) within 90 days of the insurer receiving your sworn proof of loss, unless factors outside the insurer’s control prevent it.
• Prompt, good-faith communication from adjusters.
• Notice of your right to mediation through the DFS free mediation program.

3. Statutory Bad-Faith Protections

Florida Statute § 624.155 lets policyholders file a civil remedy notice (CRN) if an insurer fails to settle a claim in good faith. Once a CRN is submitted, the insurer has 60 days to cure. If it does not, you may pursue a separate bad-faith lawsuit seeking damages that exceed policy limits, including attorney’s fees under Fla. Stat. § 627.428 (now § 627.70152 for most residential claims filed after 12/16/2022).

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Insurers often argue that claims were not reported “promptly.” While policies vary, Florida courts generally examine whether late notice prevented the insurer from conducting a meaningful investigation. Margate homeowners affected by roof leaks that become apparent months after a storm should document every date they noticed damage and every attempt to mitigate it.

2. Water Versus Flood Exclusions

Standard homeowners policies in Florida cover water damage from sudden, accidental events (e.g., a burst supply line) but exclude flood damage unless you purchased a National Flood Insurance Program (NFIP) or private flood policy. Be prepared for adjusters to attribute rising water to flood so they can deny coverage. Photographs, weather records from Broward County Emergency Management, and eyewitness statements can help rebut that conclusion.

3. Wear and Tear or Pre-Existing Damage

Florida policies exclude normal aging of roofs, plumbing, or HVAC systems. Still, if a windstorm causes shingles to rip away on a 15-year-old roof, the insurer must separate covered wind damage from ordinary wear unless it can prove the entire roof failed due solely to age. Florida’s “concurrent cause doctrine” generally requires insurers to cover a loss when a covered peril is an efficient proximate cause, even if an uncovered peril contributed.

4. Material Misrepresentation

Insurers may void a claim if they believe the insured intentionally misrepresented facts. Always answer questions honestly and keep copies of every document you submit, including your initial application.

5. Alleged Failure to Mitigate

Most Florida policies require policyholders to take reasonable steps—such as tarping a roof or extracting water—to prevent further damage. Save receipts and photos to prove you complied.

Florida Legal Protections & Insurance Regulations

1. The Florida Department of Financial Services (DFS)

DFS administers mediation, neutral evaluation (for sinkhole disputes), and an informal insurance consumer helpline. You can file a complaint online with DFS—often a practical first step for Margate homeowners facing delays or lowball offers. Visit DFS Consumer Services for forms and phone numbers.### 2. Office of Insurance Regulation (OIR)

OIR oversees insurer solvency, rate approvals, and market conduct exams. After Hurricane Irma, for example, OIR fined multiple carriers for claims handling violations. Check whether your insurer has prior consent orders by searching OIR’s public search center.### 3. Assignment of Benefits (AOB) Reform

Effective 2019 (Fla. Stat. § 627.7152), contractors who receive AOBs must meet strict notice and reporting requirements. While AOB reform sought to curb litigation, it also protects owners by allowing cancellation within 14 days and requiring contractors to notify the insurer within three business days of receiving an assignment.

4. Attorney’s Fees and Fee-Shifting

For lawsuits filed before December 16, 2022, Fla. Stat. § 627.428 (now § 627.70152) generally allowed prevailing policyholders to recover reasonable attorney’s fees. Under the 2022 reforms (Senate Bill 2-A), one-way fee-shifting has largely been eliminated for new policies, but policyholders may still recover fees in specific circumstances such as a successful bad-faith action. Ask your Florida attorney how the timing of your policy and loss affects potential fee recovery.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Full, Written Denial Letter

Insurers must provide a written explanation of coverage, facts, and policy provisions supporting denial. Review it carefully to pinpoint the exact reason for refusal.

2. Obtain and Preserve Evidence

• Photographs and videos from before and after the loss.
• Weather reports from the National Weather Service confirming wind speeds or rainfall totals in Broward County on the date of loss.
• Invoices, receipts, and estimates from licensed contractors.
• Statements from neighbors or family members who witnessed the event.

3. Consider a Re-Inspection or Appraisal

Florida policies often contain an appraisal clause allowing either party to demand a neutral third-party evaluation of the loss amount. Appraisal is binding on value but does not decide coverage. If you believe the insurer’s scope or pricing is off, appraisal can help.

4. File a DFS Mediation Request

The DFS Residential Property Mediation Program (Fla. Admin. Code R. 69J-166.031) is free to owners and lasts roughly 60–90 minutes. While not binding, a successful mediation can lead to immediate payment.

5. Serve a Civil Remedy Notice (CRN)

Under Fla. Stat. § 624.155, a CRN puts the insurer on notice of alleged bad faith. You must state the law violated, the facts, and the remedy you seek. The insurer then has 60 days to cure.

6. File Suit Before the Statute of Limitations Expires

Mark your calendar: five years for breach of contract (§ 95.11(2)(e)) and, for hurricane losses, three years to give notice (§ 627.70132). File suit in Broward County Circuit Court or U.S. District Court for the Southern District of Florida, depending on diversity and amount in controversy.

When to Seek Legal Help in Florida

1. Complex Causation Disputes

If the insurer blames flood, earth movement, or wear and tear, an experienced insurance claims attorney near you in Margate can bring in engineers or meteorologists to testify that the proximate cause is covered.

2. Suspected Bad Faith

Pattern of delay? Lowball offers far below independent estimates? A qualified lawyer can preserve electronic claim notes in discovery and depose adjusters under oath.

3. Large or Total-Loss Claims

Fire and hurricane claims frequently exceed six figures. One calculation mistake—or an overlooked ordinance or law endorsement—can cost you tens of thousands of dollars.

4. Appraisal or Policy Interpretation Disputes

Florida courts continue to refine when appraisal is appropriate. Legal counsel ensures you do not waive rights or miss deadlines.

Always confirm that your counsel is licensed by the Florida Bar. Verify credentials through the Bar’s online portal: Florida Bar Member Search.## Local Resources & Next Steps for Margate Residents

1. Broward County Property Appraiser

Obtain historical building sketches and pre-loss photographs that may help prove the condition of your home. Visit BCPA.### 2. Margate Building Department

For permit records and inspection reports that contradict an insurer’s claim of unpermitted work, contact the City of Margate Building Department at 901 NW 66th Ave, Margate, FL 33063.

3. Local Disaster Assistance

After federally declared disasters, Margate residents can apply for FEMA’s Individuals and Households Program. FEMA may help with temporary housing while your claim is disputed.

4. Community Legal Clinics

NOVA Southeastern University’s public interest programs and Legal Aid Service of Broward County occasionally provide pro bono advice to low-income Margate homeowners.

5. What You Should Do Today

• Review your policy declarations and endorsements.
• Photograph current damage, even if you already sent photos to your insurer.
• Calendar the 90-day decision deadline and the five-year litigation deadline.
• Request a certified copy of your complete claim file from the insurer.
• Schedule a consultation with an experienced property insurance lawyer.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws change, and every claim presents unique facts. You should consult a licensed Florida attorney to obtain advice tailored 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.