Insurance Law Lawyer: Property Insurance in Miramar, Florida

Introduction: Why Property Insurance Matters to Miramar Homeowners

Miramar, Florida sits in the southwest corner of Broward County, only a few miles inland from the Atlantic. Residents enjoy year-round sunshine, but that sub-tropical climate also brings severe thunderstorms, hurricane winds, and periodic flooding. In 2022 alone, Broward County emergency managers recorded more than a dozen weather events that caused property damage. For Miramar homeowners, a solid property insurance policy is not just a financial product—it is a lifeline when roof shingles tear away in 110-mph gusts or a ruptured supply line floods a bedroom. Yet many policyholders discover after filing a claim that the insurer they faithfully paid for years is suddenly questioning coverage, depreciating key items, or issuing a flat denial.

This comprehensive guide—written from the perspective of an insurance law lawyer who wants to see Miramar homeowners treated fairly—explains your rights under Florida law, why carriers deny claims, and what steps you should take if you receive a denial letter. All statutes, deadlines, and procedures discussed apply statewide, but real-world examples focus on Miramar’s housing stock, Broward County permitting rules, and local resources you can access immediately. Whether your dispute involves Citizens Property Insurance Corporation, a surplus lines carrier, or a national household name, the principles below will help you stand your ground and protect the investment you call home.

Understanding Your Property Insurance Rights in Florida

Key Statutory Protections

Florida’s insurance marketplace is governed primarily by Chapters 624–632 and 627 of the Florida Statutes. Among the most important provisions for homeowners:

• Fla. Stat. § 627.70131 – Requires insurers to acknowledge and begin investigating a claim within 14 days after notice, and to pay or deny within 90 days unless factors beyond the insurer’s control prevent a decision.

• Fla. Stat. § 95.11(2)(e) – Sets a five-year statute of limitations to file a lawsuit for breach of a property insurance contract. The clock starts on the date of loss, not the date of denial.

• Fla. Stat. § 627.70132 – For hurricane, windstorm, or tornado losses, a policyholder must give written notice of intent to file a claim within two years of the event. Suit must still be filed within the five years provided by §95.11.

• Fla. Stat. § 627.428 – Allows courts to award reasonable attorney’s fees to a policyholder who prevails against an insurer in litigation for wrongful denial of benefits. This statute levels the playing field and often makes it economically feasible for homeowners to fight unfair denials.

The Homeowner Claims Bill of Rights

Adopted in 2014 and codified at Fla. Stat. § 627.7142, the Homeowner Claims Bill of Rights summarizes what every Florida property owner should expect when dealing with an insurance carrier. Among other points, it guarantees policyholders:

• Prompt acknowledgment of a claim.

• A timely inspection.

• A written explanation of coverage decisions.

• Transparency regarding any requirement to use a preferred vendor or managed repair program.

Insurers must provide this Bill of Rights within 14 days of receiving a claim—yet many Miramar residents report they never receive the document. If your insurer failed to deliver it, note the violation and keep a record; it can demonstrate bad-faith handling later.

Policy Language Still Matters

Statutes supply the framework, but each policy’s declarations page, endorsements, and exclusions fill in the details. Miramar condominiums often carry HO-6 policies with different water-damage sub-limits than single-family HO-3 policies. Flood losses require a separate NFIP policy. Read the full contract, or have a Florida attorney review it, to confirm deductibles, loss-settlement provisions, and deadlines for supplementary documentation.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers cite numerous reasons when denying or underpaying claims. Some are legitimate; many are not. Below are the most frequent justifications policyholders in Miramar encounter—and how an insurance law lawyer refutes them.

• “Wear and Tear” or Lack of Maintenance – Carriers often argue that roof leaks result from age rather than wind damage. Yet Florida’s matching statute (Fla. Stat. § 626.9744) requires coverage to ensure a uniform appearance after a covered loss. If wind damaged even a single shingle, the insurer cannot dismiss the entire claim as ‘maintenance.’

• Late Notice – After the 2022 amendments, insurers aggressively deny claims reported beyond the two-year window for hurricane losses. Still, if you promptly reported the loss once discovered and have evidence (like invoices or photographs) showing hidden damage, an attorney may argue the denial violates the notice-prejudice rule applied in Florida courts.

• Excluded Perils – Standard HO-3 policies exclude flood, earth movement, and mold unless resulting from a covered peril. However, insurers sometimes lump wind-driven rain into “flood” to avoid payment. Document interior water entry points, and obtain an engineer’s causation report if necessary.

• Pre-Existing Damage – Adjusters may label cracks or stains as predating policy inception. Comparing pre-sale inspection reports or Broward County property appraiser photos can establish the damage is new.

• Managed Repair Program Refusal – Some carriers require policyholders to use preferred contractors. Denials may be issued if the owner opts for an independent roofer. Florida law allows managed repair, but only if the policy clearly mandates it and the contractor is licensed and able to start work within 30 days.

Never assume the insurer’s stated ground for denial is final. Under Fla. Stat. § 624.155, policyholders can file a Civil Remedy Notice (CRN) alleging bad faith for misrepresenting pertinent facts or policy provisions.

Florida Legal Protections & Insurance Regulations

Regulatory Agencies

Florida is somewhat unique in dividing insurance oversight between multiple agencies:

Florida Department of Financial Services (DFS) – Handles consumer complaints, mediations, and the state-run Neutral Evaluation program for sinkhole disputes. Visit DFS Consumer Services for forms. Florida Office of Insurance Regulation (OIR) – Licenses insurers and approves policy forms. A history of market conduct investigations can be searched on the OIR website.

• CFO-Sponsored Mediation – Under Fla. Stat. § 627.7015, residential property claimants can demand state-sponsored mediation after a denial or coverage dispute. Insurers must pay the mediator’s fee.

Broward County Building Codes & the Matching Statute

Miramar falls under the Florida Building Code, but Broward County’s amendments require roofing materials to meet uplift standards that exceed many policies’ replacement cost guidelines. If your insurer will only pay for partial repairs, municipal code upgrades may trigger additional coverage under Ordinance & Law endorsements. The matching statute cited earlier further obligates the insurer to replace undamaged items so repaired areas “reasonably match in quality, color, or size.”

Bad-Faith Remedies

Should an insurer refuse to pay a claim without a reasonable basis, Florida’s bad-faith statute § 624.155 provides a powerful remedy. After filing a CRN and waiting 60 days, a policyholder may sue for damages in excess of policy limits, including consequential damages caused by the denial. Courts in the Fourth District—which includes Broward County—have upheld significant bad-faith awards when carriers ignored evidence or relied on biased engineering reports (see Harvey v. GEICO, 259 So. 3d 1 (Fla. 2018)).

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Line by Line

Florida law requires the insurer to cite specific policy language supporting denial (Fla. Admin. Code 69O-166.024). Highlight each clause and compare it to your policy. Many Miramar homeowners discover the cited exclusion does not apply.

2. Gather Evidence

• Photographs from multiple angles and time stamps

• Drone footage of roof damage (permitted by Broward County airspace rules)

• Repair estimates from licensed Florida contractors

• City of Miramar building inspection reports, if any

The stronger your documentation, the harder it is for the carrier to stand by a blanket denial.

3. Demand a Certified Copy of Your Policy

Pursuant to Fla. Stat. § 627.4137, the insurer must furnish a certified policy copy within 30 days of a written request. Do not rely on email excerpts—obtain the full contract.

4. File a Complaint or Request Mediation

Use the DFS Consumer Portal to file a complaint. Often, the simple act of alerting regulators prompts a second look from the insurer’s compliance department. Alternatively, request state-run mediation under § 627.7015. Many disputes resolve in that forum without court intervention.

5. Send a Notice of Intent to Litigate

As of 2023, Fla. Stat. § 627.70152 requires property owners to submit a pre-suit notice and a detailed estimate at least 10 business days before filing suit. This triggers a mandatory settlement conference.

6. Consult a Florida-Licensed Attorney

If the amount in controversy exceeds small-claims jurisdiction ($8,000 in Broward County), or if the dispute involves complex causation, retain counsel. Under § 627.428, prevailing homeowners may recover attorney’s fees, so hiring a lawyer often costs nothing up front.

When to Seek Legal Help in Florida

Not every claim requires representation, but several red flags suggest you should contact an insurance law lawyer immediately:

• The insurer’s adjuster spends less than 10 minutes on site or refuses to enter the attic.

• You receive a denial citing “no storm-created opening” despite visible roof displacement.

• The carrier invokes an appraisal clause but insists on using its own appraiser without letting you select an independent one.

• You suspect the engineering report is a cut-and-paste job used in other denials—a practice exposed in multiple Florida lawsuits.

Under Rules Regulating The Florida Bar, only attorneys admitted in Florida may give legal opinions on Florida insurance disputes. Verify licensure at the Bar’s website before hiring. Most reputable firms in Broward County work on contingency, advancing costs for experts and only getting paid if they win or settle.

Local Resources & Next Steps

City and County Offices

• City of Miramar Building Division – Obtain permits and post-damage inspection records that can corroborate your claim.

• Broward County Property Appraiser – Historical photos and year-built data useful against pre-existing damage arguments.

• South Florida Water Management District – Flood maps that may differentiate wind-driven rain from rising water.

State-Sponsored Programs

DFS Consumer Helpline – File complaints or request mediation. Property Insurance Mediation Program – Free or low-cost avenue to resolve disputes.

Community Legal Clinics

Nova Southeastern University’s Shepard Broad College of Law, 15 miles east of Miramar, offers a consumer protection clinic that sometimes assists with insurance matters. While availability is limited, it provides another resource for homeowners unable to hire private counsel.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws can change, and every case is fact-specific. Consult a licensed Florida attorney to obtain advice regarding 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.