Insurance Law Guide: Property Insurance in Miramar, Florida

Introduction: Why Miramar Homeowners Need a Targeted Guide

Miramar, Florida, sits just inland from the Atlantic coast in Broward County, roughly halfway between Miami and Fort Lauderdale. While its tree-lined neighborhoods and master-planned communities such as Silver Lakes, Monarch Lakes, and Riviera Isles are prized for family living, the city is also squarely in the path of South Florida’s most common natural threats: hurricanes, tropical storms, and year-round thunderstorms. Because wind, water intrusion, and lightning play outsized roles in local property damage, Miramar homeowners typically carry— and pay handsomely for— robust property insurance policies. Yet even after faithfully paying premiums, too many policyholders find themselves facing unexpected delays, lowball offers, or outright denials when they finally have to file a claim.

This comprehensive guide was written for miramar homeowners who want to understand how Florida insurance law protects them and what steps they can take when their insurer refuses to pay what is owed. Drawing on authoritative sources such as the Florida Statutes, administrative rules, and published decisions from Florida courts, the guide takes a pro-consumer perspective. We believe that when residents know their rights— and how to enforce them— they are better positioned to repair their homes quickly, preserve property values, and keep their families safe. Whether your roof was torn off by a hurricane’s feeder bands, a pipe burst in the upstairs bathroom, or an accidental kitchen fire caused smoke damage, the legal concepts that follow can help you navigate a property insurance claim denial miramar florida.

Although the information below is statewide in scope, we point out local resources and procedures that Broward County and Miramar residents can leverage. Keep reading to learn the deadlines that matter, the most common insurer tactics, and when it makes sense to enlist a florida attorney who focuses on insurance disputes.

Understanding Your Property Insurance Rights in Florida

1. The Florida Homeowner Claims Bill of Rights

Florida Statute § 627.7142, commonly called the Homeowner Claims Bill of Rights, requires insurers to attach a summary of key policyholder protections when they acknowledge a residential property claim. Highlights include:

• The right to receive acknowledgement of a claim within 14 days under Fla. Stat. § 627.70131(1)(a).

• The right to receive a coverage decision (payment, denial, or partial denial) within 60 days after the insurer receives a proof-of-loss statement.

• The right to mediation of disputed claims through the Florida Department of Financial Services (DFS) at the insurer’s expense.

2. Statute of Limitations

Under Fla. Stat. § 95.11(2)(e), a homeowner generally has five years from the date of breach (usually the date of underpayment or denial) to file a lawsuit for breach of a property insurance contract. Note: hurricane-related claims filed after January 1, 2023 are now subject to a shorter limitation—one year to submit a claim and 18 months for supplemental claims—under Fla. Stat. § 627.70132.

3. Prompt Payment Requirements

Insurers must pay undisputed amounts or deny coverage within 90 days of receiving notice of the claim (Fla. Stat. § 627.70131(7)). Failure to do so may subject the carrier to interest penalties.

4. Appraisal and Mediation

Many policies include an appraisal clause that allows either side to demand a neutral evaluation of the loss. Separately, DFS offers free mediation for residential claims up to $500,000. Policyholders may request mediation by completing Form DFS-I0-199.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers often couch denials in policy language. Below are frequent grounds cited in South Florida files:

• Wear and Tear Exclusions – Carriers argue that roof leaks or plumbing failures stem from age rather than a sudden event.

• Late Notice – The insurer claims the homeowner failed to provide “prompt” notice as required by the policy or by Fla. Stat. § 627.70132 for hurricane claims.

• Material Misrepresentation – Any alleged misstatement in the application or during the claim process can be used to void coverage.

• Water Damage Limitations – Many policies cap non-weather-related water losses at $10,000 unless the insured opts for higher limits.

• Failure to Mitigate – If the homeowner did not take reasonable steps to prevent further damage (e.g., tarping a roof), the carrier may reduce or deny payment.

Remember, a “denial” can be explicit or implicit. A $5,000 offer on a $40,000 hurricane roof claim is effectively a denial of $35,000. Florida courts allow policyholders to sue for underpayment as well as outright refusal.

Florida Legal Protections & Insurance Regulations

1. Bad Faith Remedies

When an insurer fails to settle a claim fairly and promptly, Fla. Stat. § 624.155 authorizes a civil remedy notice (CRN). The insured must file the CRN with DFS, giving the carrier 60 days to cure. If the violation continues, the homeowner may sue for extra-contractual damages, including attorneys’ fees.

2. Attorney’s Fees and Costs

Florida generally follows the “American Rule,” but Fla. Stat. § 627.428 flips the script for property insurance disputes: when a policyholder wins any amount in court—even $1—the insurer must pay the homeowner’s reasonable attorneys’ fees and costs. This powerful fee-shifting statute is designed to level the playing field.

3. Assignment of Benefits (AOB) Reform

In 2019 and 2023, the Legislature tightened rules on contractors who obtain an AOB. While homeowners can still hire emergency mitigation companies, recent changes require detailed notice and provide insurers with a 15-day right to inspect before work begins, reducing AOB abuse allegations.

4. Regulation by the Florida Office of Insurance Regulation (OIR)

OIR approves policy forms and monitors solvency. Consumers can review rate filings, complaint ratios, and disciplinary actions online. If an insurer’s license is suspended, claims may be transferred to the Florida Insurance Guaranty Association (FIGA) for payment up to statutory limits.

5. Building Codes and Matching Statute

Florida’s Building Code requires uniformity in repairs. Under Fla. Stat. § 626.9744, if a tile roof section is damaged, the insurer must pay to match color and style throughout the home when reasonably available.

Steps to Take After a Property Insurance Claim Denial in Florida

• Request the Denial in Writing Florida law obligates insurers to provide a written explanation citing policy provisions. Ask for the adjuster’s photographs, engineer reports, and estimates.

• Gather Your Own Evidence Obtain independent contractor or public adjuster estimates. Take date-stamped photos of all damage and keep receipts for emergency repairs.

• Review Time Limits Calendar the five-year contractual limitations period and the one-year hurricane notice deadline. Do not let informal negotiations run out the clock.

• File a Complaint or Mediation Request with DFS DFS may compel the insurer to explain its position and produce additional documents. The mediation program has a high settlement rate, especially when the homeowner arrives with contractor estimates.

• Invoke Appraisal (If Favorable) Check whether the policy’s appraisal clause is binding or merely permissive. If invoked correctly, appraisal awards are difficult for insurers to overturn.

• Consult a Florida Insurance Law Attorney An experienced lawyer can send a CRN, explore settlement, and file suit before deadlines expire.

When to Seek Legal Help in Florida

While some disagreements resolve through mediation or appraisal, legal representation becomes crucial when:

• The denial or underpayment exceeds $10,000 and major structural repairs are needed.

• The carrier alleges fraud or misrepresentation, exposing the homeowner to policy rescission.

• The statute of limitations is approaching.

• Complex coverage issues (matching statute, ordinance or law coverage, or concurrent causation) arise.

Only members in good standing of The Florida Bar can provide legal advice or appear in court on behalf of policyholders. Verify licensure via the Bar’s public search. Out-of-state lawyers must obtain pro hac vice admission per Fla. R. Jud. Admin. 2.510.

Local Resources & Next Steps

1. Miramar Building Officials & Permitting

Re-roofing, electrical, and structural repairs often require permits. Contact the Miramar Building Division on Miramar Parkway for inspection schedules. A passed final inspection strengthens evidence of repair costs.

2. Broward County Property Appraiser (BCPA)

BCPA’s website offers free aerial photos and historical building data that can corroborate the age of your roof or additions.

3. Broward Clerk of Courts

Insurance lawsuits arising in Miramar are usually filed in the Seventeenth Judicial Circuit. The clerk’s e-portal allows online access to pleadings and recorded CRNs.

4. Florida DFS Consumer Helpline

Call 1-877-MY-FL-CFO or file a complaint online. DFS can fine carriers and force corrective action. Visit Florida CFO – Consumer Services for forms.

5. Additional Authoritative References

Florida Statute § 627.70131 – Claims Handling Deadlines Florida Statute § 624.155 – Civil Remedy for Insurer Bad Faith Florida Administrative Code – Insurance Regulations

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim is fact-specific. Consult a licensed Florida attorney before taking action on any insurance matter.

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