Insurance Law Lawyer: Marathon, Florida Property Insurance

Introduction: Why Property Insurance Matters to Marathon Homeowners

Marathon, Florida sits squarely in the heart of the Middle Keys, a scenic stretch of islands renowned for turquoise waters, fishing charters, and elevated stilt homes that hug the coastline. While the views are breathtaking, Marathon homeowners also face some of the most persistent wind, hurricane, and flood exposures in the United States. That means property insurance is not just another bill—it is the primary financial safeguard protecting your home, boat dock, or investment rental when the next tropical system sweeps through the Straits of Florida. Unfortunately, many residents discover after a storm that their insurer is far less eager to pay than it was to collect premiums. This guide is designed for any Marathon homeowner or commercial property owner confronting a property insurance claim denial. Using Florida-specific statutes, regulations, and case law, we explain your rights, deadlines, and next steps so you can push back effectively and maximize recovery. The information below follows Florida’s strict evidence rules and favors policyholders—because you deserve full value for the coverage you purchased.

Understanding Your Property Insurance Rights in Florida

The Florida Homeowner Claims Bill of Rights

In 2014 the Florida Legislature enacted the Homeowner Claims Bill of Rights (Fla. Stat. §627.7142). Insurers must provide this notice within 14 days after you report a residential property claim. It outlines crucial consumer protections, including:

• Prompt acknowledgment: The insurer must acknowledge your claim within 14 days.

• Decision deadline: Within 90 days of receiving notice and any requested information, the insurer must pay the claim in full, pay a partial amount, or provide a written denial with reasons.

• Fair settlement: If the insurer fails to meet these deadlines, interest may accrue on unpaid amounts.

Knowing these timeframes keeps the carrier accountable and gives you leverage if it drags its feet.

Statute of Limitations and Notice Deadlines

• Notice to insurer: For losses occurring on or after July 1, 2021, Florida homeowners have 2 years from the date of loss to submit an initial claim (Fla. Stat. §627.70132).

• Supplemental or reopened claims: An additional 1 year (total 3 years) exists for supplemental claims that arise from the same loss.

• Filing suit: If the carrier breaches the policy, you typically have 5 years to file a lawsuit under Fla. Stat. §95.11(2)(e), counted from the date the insurer breached (often the date of underpayment or denial).

Missing these deadlines can bar your claim entirely, so calendar them carefully.

Right to Hire a Public Adjuster or Attorney

Florida law expressly permits policyholders to retain licensed public adjusters (Fla. Stat. §626.854) to prepare and negotiate claims. If the dispute escalates, only a Florida attorney in good standing with The Florida Bar may provide legal representation in court. Attorneys must hold an active Florida license and comply with Florida Bar Rules of Professional Conduct.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers deploy many tactics to avoid paying the full amount owed. Below are the most frequent reasons cited for property insurance claim denial Marathon Florida policyholders see:

• Late notice: The carrier alleges you reported the loss outside the statutory or policy notice window.

• Wear and tear exclusion: Damage is blamed on long-term deterioration, not a sudden event.

• Flood versus wind dispute: In hurricane losses, the insurer claims excluded floodwater, not covered wind, caused the damage.

• Pre-existing damage: The adjuster asserts the loss existed before the policy period.

• Insufficient documentation: Lack of photographs, receipts, or expert reports is cited as a reason to underpay or deny.

• Water damage limitations: Many policies cap or exclude water damage that occurs over 14 days or more.

Several of these arguments can be defeated with engineering reports, weather data, and aggressive legal advocacy. For example, Florida courts routinely require insurers to prove the efficient proximate cause of a loss, not merely point to partial flood involvement.

Florida Legal Protections & Insurance Regulations

Bad-Faith Statute (Fla. Stat. §624.155)

If the insurer fails to settle your claim when it could and should have done so, you may file a Civil Remedy Notice with the Florida Department of Financial Services (DFS) under §624.155. After a 60-day cure window, you can seek extra-contractual damages—including attorneys’ fees—if bad faith is proven.

Prompt-Pay Statute (Fla. Stat. §627.70131)

An insurer that does not pay undisputed amounts within 90 days of notice must pay statutory interest. This encourages carriers to move quickly or face financial consequences.

Appraisal and Mediation Programs

Florida Administrative Code Rule 69J-166.031 authorizes DFS to provide free, non-binding mediation for most residential property disputes. You can request mediation once the insurer issues any decision—partial payment, underpayment, or full denial. Additionally, many policies feature an appraisal clause, allowing each side to hire an appraiser and, if needed, an umpire to determine the loss value.

Assignment of Benefits (AOB) Restrictions

After the 2023 reforms, contractors in Monroe County (which includes Marathon) can no longer accept broad AOBs and file suit in your name. While this limits contractor abuse, it also means you control the claim process and must enforce your rights directly or through counsel.

Steps to Take After a Property Insurance Claim Denial in Florida

• Request a Certified Copy of the Policy Under Fla. Stat. §627.4137, you may demand a complete certified policy. Review exclusions, deductibles, and duties after loss.

• Log all Communications Create a timeline of phone calls, emails, texts, and letters. Include dates, names, and substance of each conversation.

Gather Independent Evidence

• Photographs and drone footage of roofing and exterior walls.

• Receipts for repairs or mitigation (tarping, dehumidifiers).

• Professional reports (engineer, mold assessor, or general contractor).

• File a Notice of Intent to Litigate (NOI) Senate Bill 2-A (2022) requires most residential property claimants to serve an NOI at least 10 business days before filing suit, specifying the damages you seek and the insurer’s alleged breach.

Consider DFS Mediation Within 90 days of denial or partial payment, file a mediation request on the Florida Department of Financial Services portal. Most sessions occur via video or in Key West, saving Marathon homeowners a lengthy mainland trip.

• Engage a Public Adjuster or Florida Attorney A licensed adjuster can prepare a formal proof of loss, but only a Florida attorney can invoke the bad-faith statute or file a breach-of-contract lawsuit in Monroe County Circuit Court.

When to Seek Legal Help in Florida

While some claims resolve through appraisal or mediation, others require litigation. Consider hiring counsel when:

• The insurer insists the damage is excluded, despite expert evidence to the contrary.

• You suspect claim-handling delays or lowball offers violate the prompt-pay statute.

• The loss exceeds $50,000 or involves complex structures like dock pilings, seawalls, or metal roofs common in Marathon.

• You need guidance navigating the 2-year notice window or 5-year statute of limitations.

Many firms handle property cases on contingency, meaning no fee unless they recover money. A qualified florida attorney can also secure statutory attorneys’ fees under Fla. Stat. §627.428 when the insurer loses in court.

Local Resources & Next Steps

Monroe County & Marathon Contacts

• Monroe County Emergency Management: 490 63rd St, Marathon, FL 33050 — pick up disaster claim packets after storms.

• City of Marathon Building Department: 9805 Overseas Hwy, Marathon, FL 33050 — permits and post-loss inspections.

• Monroe County Clerk of Court: 3117 Overseas Hwy, Marathon, FL 33050 — files property insurance lawsuits and records Notices of Commencement.

Self-Help Checklists for Marathon Homeowners

• Photograph interior and exterior annually—pre-storm documentation is powerful evidence.

• Store policies and receipts in waterproof, cloud-based storage.

Enroll in Emergency Alerts from Florida Office of Insurance Regulation for real-time bulletins on claims handling rules.

• Schedule a wind-mitigation inspection every 5 years; credits can lower premiums and clarify roof age.

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.