Insurance Lawyer Guide: Property Insurance in Lighthouse Point, FL

Introduction: Why Lighthouse Point Homeowners Need This Guide

With its picturesque canals and proximity to the Atlantic, Lighthouse Point, Florida offers residents the coastal lifestyle many dream about. Yet that same salt-laden air, seasonal hurricanes, and subtropical storms increase the risk of roof damage, flooding, and wind-driven rain. When disaster strikes, most Lighthouse Point homeowners look to their insurer to honor the promises spelled out in the policy. Unfortunately, Floridians file more lawsuits over claim denials than policyholders in any other state, and Broward County – where Lighthouse Point sits – is often at the epicenter. This comprehensive guide explains how Florida law protects you, why insurers deny or underpay claims, and what steps you can take – on your own or with a Florida attorney – to secure the benefits you paid for.

Throughout this article we focus on the phrase property insurance claim denial lighthouse point florida so local homeowners can more easily locate accurate information tailored to their community. All legal citations come directly from the Florida Statutes, the Florida Administrative Code, or published decisions of Florida courts. When you finish, you will understand your rights, common insurer tactics, and when it makes sense to call an insurance lawyer.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract – And Florida Law Enforces It

Under Florida law, your homeowners or condo policy is a written contract. If the insurer breaches that contract by failing to pay covered losses, you may sue for damages. Until 2023, the statute of limitations for filing suit was five years. Today, Fla. Stat. § 95.11(14) gives policyholders one year from the date of a claim denial to file suit, and 18 months for supplemental or reopened claims. Knowing this deadline is critical for Lighthouse Point homeowners managing hurricane repairs that can stretch well beyond a single season.

2. The Florida Homeowner Claims Bill of Rights

Created by Fla. Stat. § 627.7142, the Bill of Rights requires insurers to:

• Acknowledge receipt of a claim within 14 days.

• Begin an investigation within 10 days of proof-of-loss submission.

• Pay or deny in writing within 90 days (with limited exceptions).

• Explain, in plain language, any denial or partial payment.

Violations can support a bad-faith action under Fla. Stat. § 624.155.

3. Prompt Notice Requirement – But Not Too Prompt

Senate Bill 76 (2021) amended Fla. Stat. § 627.70132. Policyholders must now give written or electronic notice of loss within one year of discovering the damage. Do not wait, but do take time to document damage thoroughly before notifying the insurer.

4. Right to Hire a Public Adjuster

Florida licenses public adjusters to represent policyholders. See Fla. Stat. § 626.854. Fees are capped at 20 % of the claim (10 % during state-declared emergencies).

Common Reasons Property Insurance Companies Deny Claims in Florida

While every policy is different, Lighthouse Point residents repeatedly encounter these denial justifications:

• Late Notice: The carrier alleges the homeowner reported wind or water damage beyond the policy’s notice window. However, insurers still must prove they are prejudiced by any delay.

• Wear and Tear Exclusion: Salt air accelerates roof deterioration. Insurers may label hurricane-caused roof leaks as “age-related.” Florida courts require carriers to separate covered storm damage from pre-existing wear (Reliance v. Factory Mutual, Fla. 4th DCA).

• Flood vs. Wind Dispute: Standard homeowners policies exclude flood damage, while windstorm perils are covered. After storms like Hurricane Irma, companies often deny interior water damage claiming it resulted from surface water, not wind-driven rain.

• Failure to Mitigate: Policyholders must take reasonable steps to prevent further damage (e.g., tarping a roof). Insurers sometimes exaggerate minor delays into wholesale denials.

• Misrepresentation: Any alleged inaccuracy on the application or during the claim process can be grounds for rescission, but the insurer bears the burden of materiality under Fla. Stat. § 627.409.

Florida Legal Protections & Insurance Regulations

1. Bad Faith Remedies

Fla. Stat. § 624.155 allows policyholders to recover extra-contractual damages if an insurer fails to settle claims “fairly and honestly.” A Civil Remedy Notice (CRN) filed with the Department of Financial Services (DFS) is mandatory before suit.

2. Attorney’s Fees and Costs

Prior to December 2022, Fla. Stat. § 627.428 awarded prevailing policyholders their attorney’s fees. Senate Bill 2-A repealed this statute for new policies issued after December 16, 2022. Lighthouse Point homeowners with older policies may still enjoy fee-shifting.

3. Assignment of Benefits (AOB) Reform

AOB agreements let contractors step into the homeowner’s shoes. Florida curtailed abusive AOB practices in Fla. Stat. § 627.7152 (2019). Homeowners now retain more control over litigation decisions, and insurers have stronger defenses against inflated invoices.

4. Claims Handling Rules

Rule 69O-166.024, Florida Administrative Code, prohibits unfair claim settlement practices such as dragging out investigations or forcing unreasonable documentation requests. Repeated violations can lead to DFS fines and bolster a bad-faith case.

5. Licensing of Florida Attorneys

Only lawyers admitted to The Florida Bar may give legal advice on property insurance disputes in Florida. Out-of-state counsel must associate with local counsel under Florida Bar Rule 1-3.12. Contingency fee contracts must comply with Rule 4-1.5(f), including a client’s written acknowledgement.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read and Organize the Denial Letter

Florida law requires the denial letter to cite policy provisions. Highlight each cited exclusion. Create two folders: “Insurer Documents” and “My Evidence.”

2. Gather Evidence

• Photographs and videos of the damage, dated.

• Receipts for temporary repairs and additional living expenses (ALE).

• Inspection reports from licensed contractors or engineers.

• Your policy’s Declarations Page and full Form HO-3 or HO-6.

3. Request a Certified Copy of the Policy

Under Fla. Stat. § 627.4137, insurers must provide a complete certified policy within 30 days of a written request. Use email and certified mail to create proof.

4. File a Notice of Re-Opened or Supplemental Claim

Even after denial, you have the right to submit additional evidence within 18 months. Keep the timeline in mind to protect suit deadlines under § 95.11(14).

5. Complain to the Florida Department of Financial Services

The DFS Consumer Services Division offers mediation for disputed claims under Fla. Stat. § 627.7015. In most cases, the insurer pays the mediator’s fee.

6. Consider Hiring a Public Adjuster or Engineer

A seasoned public adjuster can re-estimate wind or hail damage in Lighthouse Point’s unique roofing market, where tile roofs are common. An engineer can differentiate storm impacts from corrosion caused by salt spray off the Intracoastal Waterway.

7. Send a Pre-Suit Notice

As of 2022, Fla. Stat. § 627.70152 requires policyholders to send a detailed pre-suit notice at least 10 days before filing a lawsuit. The notice must include a settlement demand and an itemized estimate of all damages.

When to Seek Legal Help in Florida

Because the one-year limitation in § 95.11(14) is strict, Lighthouse Point homeowners should consult a florida attorney as soon as the insurer denies, delays, or low-balls a claim. Indicators that professional representation is appropriate include:

• The carrier cites broad, vague exclusions such as “maintenance.”

• Repeated document requests despite your earlier compliance.

• An unreasonably low settlement that does not cover contractor estimates.

• Allegations of fraud or misrepresentation.

• You receive a Right to Repair election that forces you to use the insurer’s contractor, and you disagree with the scope of work.

Insurance lawyers usually offer free consultations and contingency fees, meaning no out-of-pocket cost unless they recover money for you. Ask the lawyer to explain Rule 4-1.5(f) limits and whether fee-shifting statutes might still apply to your policy.

Local Resources & Next Steps

1. Broward County Building Permitting

If your roof or seawall needs replacement, permits run through the Lighthouse Point Building Department. Secure copies of permits and inspections to support your claim.

2. South Florida Weather Data

Historical wind-speed and rainfall reports from the National Hurricane Center can corroborate storm dates and intensities. Your lawyer or public adjuster can retrieve certified data for litigation use.

3. Florida DFS Mediation Program

Request mediation online at the DFS portal: DFS Consumer Services. Over 50 % of property disputes settle at or shortly after mediation.

4. Fourth District Court of Appeal

Lighthouse Point residents fall under the Fourth DCA in West Palm Beach. Published opinions such as Citizens Prop. Ins. Corp. v. Manor House, LLC shape modern bad-faith and extra-contractual damage law. You can search opinions on the court’s website.

5. Local Legal Aid

Income-qualified homeowners can seek help from Legal Aid Service of Broward County; attorneys there routinely handle insurance disputes. If negotiations fail, your lawyer will file suit in the Seventeenth Judicial Circuit (Broward County) or federal court if diversity jurisdiction applies.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently. You should consult a licensed Florida attorney about your specific situation.

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