Insurance Lawyer Guide: Property Insurance in Longwood, Florida

Introduction: Why Longwood Homeowners Need a Targeted Property Insurance Guide

Longwood, Florida sits in the heart of Seminole County, just north of Orlando. While the city’s stately oaks and historic downtown make it a charming place to live, its central Florida location also exposes residents to hurricanes, hail, tornadoes spawned by tropical storms, and the sudden flood events that follow heavy summer downpours. Because Longwood is inland, many residents assume the wind speeds hitting their roofs will be lower than on the coasts. Unfortunately, storms such as 2004’s Hurricane Charley and 2022’s Hurricane Ian proved otherwise—gusts can topple trees, lift shingles, and send flying debris crashing into windows. For that reason, virtually every mortgage lender requires homeowners to maintain a robust property insurance policy.

Yet when Longwood homeowners finally need to file a claim—whether for roof damage on a Craftsman bungalow in the Longwood Historic District or water intrusion in a newer subdivision off Ronald Reagan Boulevard—insurers sometimes delay, underpay, or deny legitimate claims. This guide equips you with a clear understanding of Florida law, practical steps after a denial, and resources available in Seminole County. Written from the perspective of protecting policyholders, it explains why you should not take “no” for an answer until you know your rights.

Understanding Your Property Insurance Rights in Florida

Key Rights Granted by Florida Statutes and Regulations

Florida policyholders benefit from a statutory framework that is comparatively pro-consumer. Important provisions you should know include:

• Right to Prompt Acknowledgment: Under Fla. Admin. Code R. 69O-166.024, insurers must acknowledge receipt of communications within 14 calendar days.

• Right to Timely Claim Decision: Section 627.70131(7)(a), Fla. Stat., generally requires insurers to pay or deny a residential property claim within 90 days after receiving notice of the loss, unless factors beyond their control exist.

• Right to a Detailed Denial: When denying, the insurer must provide an explanation in plain language describing the facts and policy provisions relied upon. If you only receive a generic “wear and tear” label, ask the carrier to cite the specific exclusion.

• Right to Mediation: The Florida Department of Financial Services (DFS) offers a free, mandatory mediation program for most residential property disputes under s. 627.7015, Fla. Stat.

• Right to Attorney’s Fees: In many successful lawsuits, policyholders can recover reasonable attorney’s fees under s. 627.428, Fla. Stat., though recent legislative amendments have narrowed automatic fee shifting for some policies issued after December 2022. Always have a Florida attorney review your policy’s effective date and endorsements.

Statute of Limitations for Property Insurance Claims

Florida’s general statute of limitations for filing a lawsuit based on a breach of a property insurance contract is five years from the date of breach. See s. 95.11(2)(e), Fla. Stat. However, additional timing rules apply:

• Notice of Claim: For hurricane or windstorm claims, s. 627.70132, Fla. Stat., requires notice to the insurer within one year of the date of loss (three years if the policy predates July 1, 2021).

• Supplemental or Re-opened Claims: These must be filed within 18 months for hurricane losses.

Missing these deadlines can bar recovery, so calendar them carefully and send notices by certified mail or another trackable method.

Common Reasons Property Insurance Companies Deny Claims in Florida

Understanding frequent denial rationales helps you gather stronger evidence from the start.

• Late Notice: Carriers often assert that you failed to report the damage “promptly.” Even if notice was delayed, courts examine whether the delay actually prejudiced the insurer’s investigation. Provide photos, repair receipts, or witness statements to counter this defense.

• Wear and Tear / Maintenance Exclusions: Standard policies exclude damage caused solely by age-related deterioration. Insurers sometimes stretch this clause to deny wind-damaged roofs. Obtain an independent inspection to separate storm-related openings from pre-existing wear.

• Water Damage Not from a “Covered Peril”: Water stains inside a Longwood home may stem from wind-driven rain (covered) or from a slow roof leak (excluded). Expert opinions on causation are critical.

• Pre-Existing Damage: Carriers compare your claim photographs with aerial imagery and prior underwriting inspections. If you recently bought the home, keep closing inspections and seller disclosures.

• Policy Lapse or Misrepresentation: Non-payment of premiums or incorrect statements on the application can be grounds for rescission. Keep proof of premium payments and review your application answers.

Even if your insurer cites one of these reasons, Florida law still requires them to prove an exclusion applies. The burden does not automatically shift to you unless the policy language clearly imposes it.

Florida Legal Protections & Insurance Regulations

The Role of the Florida Department of Financial Services (DFS)

The DFS regulates insurer conduct and offers several consumer-friendly programs:

• Consumer Helpline: Call 877-693-5236 or file an online complaint if the insurer violates claims-handling rules.

• Mediation Program: As noted above, mediation under s. 627.7015 is non-binding, free, and scheduled within 21 days. Insurers must pay the mediator’s fee.

• Neutral Evaluation for Sinkhole Claims: Homeowners dealing with sinkhole damage—a concern in karst regions of central Florida—can request DFS to appoint a neutral geologist. Although Longwood is not a top sinkhole hotspot compared to Pasco County, the option exists statewide.

Unfair Claim Settlement Practices Act

Section 626.9541, Fla. Stat., prohibits insurers from engaging in unfair claim settlement practices, such as failing to adopt reasonable standards for prompt investigation or misrepresenting pertinent facts. Repeated violations can result in fines and bolster a policyholder’s bad-faith lawsuit under s. 624.155.

Bad-Faith Claims

When an insurer’s denial is not just wrong but done in reckless disregard of your rights, you may file a civil remedy notice (CRN) with DFS. After the statutory cure period lapses, you can sue for extra-contractual damages (e.g., lost rental income) if the denial was in bad faith. Florida courts, including the Fifth District Court of Appeal that covers Seminole County, have issued influential decisions on bad faith—such as Fridman v. Safeco Ins. Co. of Illinois, 185 So. 3d 1214 (Fla. 2016).

Attorney Licensing and Fee Structures

All lawyers representing you in a Florida property insurance dispute must be licensed by The Florida Bar and in good standing. You can verify a lawyer’s license through the Bar’s public search portal. Many firms handle claim denials on a contingency basis, meaning no fee unless money is recovered. Carefully review any retainer for costs, percentage splits, and whether fees rise if litigation is required.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Line by Line

Insurers must cite the policy provision relied upon. Locate that clause in your policy and read surrounding language—endorsements or exceptions may restore coverage.

2. Organize All Evidence

• Photographs and video from the date of loss

• Receipts for emergency repairs (tarping, water mitigation)

• Independent contractor or engineer reports

• Correspondence with the insurer, including adjuster notes

Florida law expects policyholders to take reasonable steps to prevent further damage (the “duty to mitigate”), but insurers must reimburse reasonable mitigation costs.

3. Request a Certified Copy of Your Policy

Under s. 627.4137, Fla. Stat., the insurer must provide policy documents within 30 days of a written request. Having the full policy—including endorsements and declarations—is essential because coverage often changes year to year.

4. File a Notice of Reconsideration or Supplemental Claim

If you have additional evidence, you may submit it and request the insurer to reverse its denial. This preserves your right to mediation and shows good-faith cooperation.

5. Utilize DFS Mediation

Submit the mediation request form available on the DFS website along with the denial letter. Mediation sessions take place virtually or at locations near Longwood such as the DFS-designated facility in downtown Orlando, roughly 15 miles south.

6. Preserve Your Legal Deadlines

Even while negotiating, mark the five-year statute of limitations (or shorter hurricane timelines) on your calendar. Filing a lawsuit—even on the last day—stops the clock.

7. Consult a Florida Attorney Sooner Rather Than Later

Insurers have entire legal departments. Retaining counsel early can prevent unintentional waiver of rights and may prompt the insurer to settle more fairly.

When to Seek Legal Help in Florida

Red Flags That Signal You Need Counsel

• The insurer’s settlement offer does not cover obvious repairs—e.g., only patching a few shingles when a wind uplift test shows total roof failure.

• The adjuster cites policy exclusions without explaining how they apply.

• You suspect bad faith—delays, lost paperwork, or contradictory reasons for denial.

• You receive a “reservation of rights” letter.

• A third-party public adjuster says the carrier’s estimate is drastically low.

Benefits of Hiring a Florida Attorney

Experienced counsel can:

• Issue subpoenas for adjuster logs and engineering reports.

• Invoke Florida’s appraisal process if included in your policy.

• File the required Civil Remedy Notice for bad-faith claims.

• Negotiate settlements that include attorney’s fees and depreciation holdbacks.

Under recent reforms, attorney’s fees may not be awarded automatically for newer policies, but skilled lawyers creatively structure global settlements to protect homeowners from paying fees out of pocket.

Local Resources & Next Steps for Longwood Homeowners

Seminole County Building and Permitting

Before repairs, check with Seminole County’s Building Division for permit requirements. Unpermitted work can jeopardize insurance coverage.

Central Florida Roofing and Inspection Services

Obtain at least two licensed contractor opinions. Local firms understand Seminole County’s wind-borne debris region (exposure B) requirements in the Florida Building Code.

Community Assistance Programs

• Seminole County Community Services: Offers emergency home repair grants for qualifying homeowners, freeing cash for legal battles.

• Longwood Citizen Information Line: Operates during declared disasters to coordinate debris removal and document damage.

Authoritative Information Hubs

Bookmark these trusted resources:

Florida Department of Financial Services Consumer Resources Text of Relevant Florida Statutes Florida Bar Attorney Search

Legal Disclaimer: This guide provides general information only and does not constitute legal advice. Laws change frequently. For advice on your specific facts, 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.