Insurance Lawyer Guide: Property Insurance in Miramar, Florida

Introduction: Why Miramar Homeowners Need This Guide

Miramar, Florida sits in the heart of Broward County, only a few miles from the Atlantic coastline and within the most hurricane-prone corridor of the United States. From Hurricane Andrew in 1992 to more recent storms such as Irma (2017) and Ian (2022), Miramar homeowners know that wind, water, and tropical weather are facts of life. In addition to hurricanes, South Florida’s year-round heat and frequent thunderstorms contribute to roof leaks, mold, and power-surge losses. Because property insurance is the main financial safety net for these events, understanding what happens when a carrier delays, underpays, or outright denies a claim is crucial.

This location-specific legal guide is written with a slight bias toward protecting property owners and policyholders—because Florida law already acknowledges that insurers hold most of the money and information in the claims process. By the end of this article you will know:

• Your basic rights under Florida insurance law.

• The most common reasons carriers give for denying residential claims.

• Deadlines, statutes of limitation, and mediation options unique to Florida.

• Practical, step-by-step actions after a property insurance claim denial miramar florida.

• How and when to involve a licensed Florida attorney focused on insurance disputes.

Understanding Your Property Insurance Rights in Florida

1. The Florida Homeowner ‘Bill of Rights’

Florida Statute §627.7142 sets out a “Homeowner Claims Bill of Rights,” obligating insurers to acknowledge a claim within 14 days, begin an investigation within a reasonable time, and either pay or deny coverage within 90 days. While carriers must comply, policyholders often do not press their advantage because they are unaware this statute even exists.

2. Prompt Payment & Communication Requirements

The Florida Administrative Code 69O-166.024 further requires insurers to reply to communications from insureds within 14 calendar days and pay undisputed amounts within 20 days of an agreement. If you filed a claim for roof damage in Miramar and have not heard back for weeks, your insurer may already be violating state regulations.

3. Five-Year Statute of Limitations for Breach of Contract

Under Florida Statute §95.11(2)(e), a lawsuit for breach of a written insurance contract generally must be filed within five years of the date the insurer breached (often the date of denial or underpayment). Catastrophic hurricane claims have shorter notice requirements (see §627.70132), but the five-year window still governs lawsuits on most residential policies.

4. Right to Alternative Dispute Resolution (ADR)

Florida’s Department of Financial Services (DFS) offers a free mediation program for disputed residential property claims valued at $500 or more (Florida Statute §627.7015). Either the policyholder or the insurer may request mediation, and carriers must bear the cost. In many Miramar cases, insurers agree to pay more once neutral mediation puts pressure on them.

5. Right to Attorney’s Fees When You Win

Florida’s one-way attorney’s fee statute §627.428 (now §627.70152 for policies issued on or after January 1, 2023) allows prevailing policyholders to recover reasonable attorney’s fees from insurers. This levels the playing field, because an insurer that forces you into litigation and loses must pay your lawyer’s fees in addition to the claim amount.

Common Reasons Property Insurance Companies Deny Claims in Florida

Although every claim is unique, adjusters tend to rely on a familiar set of justifications. Knowing these reasons helps you anticipate and rebut them.

Wear and Tear / Lack of Maintenance Carriers often blame roof leaks on age-related deterioration, which is excluded under most HO-3 policies. Yet wind-driven rain and broken roof tiles during a storm can also cause leaks. A seasoned public adjuster or engineer can help distinguish covered storm damage from normal wear. Late Notice Many policies require notice of loss “promptly” or “within 14 days.” Florida case law, including Meadowbrook v. Tower Hill (Fla. 4th DCA 2020), holds that late notice creates a rebuttable presumption of prejudice against the insurer. You can overcome this by showing the carrier still had “ample opportunity” to investigate. Pre-Existing Damage Insurers routinely argue that water stains or cracks existed before coverage. Miramar’s high humidity can make old stains look new. Documentation—photos, receipts for repairs, inspection reports—helps prove timing. Exclusion Clauses Sinkhole, earth movement, or flood exclusions can be broad. However, if wind created an opening that allowed rainwater to enter, the ensuing water damage may still be covered even if “flood” is excluded, thanks to the “ensuing loss” doctrine recognized in Florida. Misrepresentation or Fraud Florida Statute §627.409 allows rescission if the insured knowingly misrepresents material facts. Even innocent mistakes can trigger lengthy investigations. Provide thorough but accurate information at every stage.

Florida Legal Protections & Insurance Regulations

1. Florida Department of Financial Services Oversight

The Office of Insurance Regulation (OIR) approves policy forms and monitors solvency, while DFS investigates consumer complaints. You can file a complaint online through the DFS “My Florida CFO” portal. A complaint often triggers a rapid response from the insurer’s executive escalation team, especially if delays exceed statutory deadlines.

2. The 90-Day Rule

Under §627.70131(7)(a), insurers must pay or deny a claim within 90 days after receipt of the proof of loss, unless factors beyond their control prevent them. Miramar homeowners should mark that date on a calendar—if day 91 arrives with no payment, interest accrues under Florida law.

3. Assignment of Benefits (AOB) Reform

Recent legislation (2023 Senate Bill 2-A) restricts AOBs and limits attorney fee multipliers. While meant to curb alleged fraud, these reforms also make it harder for contractors to pursue your claim without your direct involvement. Homeowners should carefully review any AOB forms before signing.

4. Licensing Rules for Florida Attorneys

Only lawyers admitted to The Florida Bar may provide legal advice on insurance disputes within the state. Out-of-state attorneys must either be admitted pro hac vice under Florida Rule of Judicial Administration 2.510 or co-counsel with a Florida-licensed lawyer. Confirm any “insurance lawyer” you consult is active and in good standing by searching the Florida Bar directory.

5. Bad-Faith Claims

If an insurer fails to settle a claim when, under all the circumstances, it could and should have done so had it acted fairly and honestly toward its insured, you may pursue a bad-faith action under §624.155. A civil remedy notice (CRN) must be filed with DFS and the insurer, giving 60 days to cure the violation. Successful bad-faith actions may yield extra-contractual damages.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully Florida regulations require carriers to cite specific policy language. Highlight exclusions or conditions the adjuster relies on. Collect Additional Evidence Photographs, drone footage of roof damage, moisture-meter readings, and contractor estimates can rebut boilerplate denial reasons. Request the Claim File Under §627.4137, you may request a certified copy of your policy and claim-related documents. Many experienced florida attorneys also subpoena internal adjuster notes during pre-suit. Invoke DFS Mediation Submit a mediation request through the DFS website. The insurer must participate within 21 days unless you both agree otherwise. Submit a Proof of Loss (POL) Even if the adjuster already inspected, timely submit a sworn POL listing the full value of your damages. This preserves rights under the policy and restarts the 90-day payment clock. Hire an Independent Adjuster or Engineer Public adjusters in Florida are licensed under §626.854 and charge contingency fees capped at 10% for declared state of emergency claims (20% otherwise). They can produce an estimate far higher than the insurer’s. Document All Communications Email is preferable to phone calls, as it creates a written record. When calls are unavoidable, send a recap email afterward. Analyze Statutory Deadlines Mark the five-year breach-of-contract limitation and any shorter hurricane notice periods (one year for a supplemental claim under §627.70132). Evaluate Settlement Offers Objectively Compare any post-denial offer to your independent estimate. Small concessions may not reflect full, legally owed benefits. Consult a Licensed Insurance Lawyer If the gap between your loss and the carrier’s offer is significant, moving quickly to legal counsel preserves evidence and deadlines.

When to Seek Legal Help in Florida

While many Miramar homeowners first try to handle disputes alone, certain red flags suggest it is time to involve counsel:

• The insurer alleges fraud or intentional misrepresentation.

• Deadlines are looming—particularly the five-year statute or hurricane-specific notice periods.

• Denials rely on complex causation issues (e.g., concurrent wind and flood damage).

• Multiple requests for information feel like stalling tactics.

• The insurer offers appraisal but on clearly unfair terms, such as a pre-selected umpire.

An insurance lawyer will review your policy, denial letter, engineering reports, and correspondence. If pre-suit resolution fails, they can file suit in Broward County Circuit Court, the proper venue for Miramar properties, and leverage Florida’s one-way fee statute. Because fees shift to the insurer if you prevail, hiring counsel often costs you nothing out of pocket.

Local Resources & Next Steps

1. Government & Non-Profit Assistance

Florida Department of Financial Services Consumer Helpline (1-877-693-5236) Broward County Emergency Management for hurricane preparedness tips. The Florida Bar Consumer Information for attorney verification and complaint procedures.

2. Local Trade Professionals

Miramar hosts numerous licensed roofers, water-remediation companies, and public adjusters familiar with Broward County’s building code (HVHZ standards). Always verify licenses through the Florida Department of Business & Professional Regulation.

3. Checklist Before You Call a Lawyer

• Gather your complete policy and declarations page.

• Organize photographs (before and after loss) chronologically.

• List every conversation with dates, names, and summaries.

• Total all out-of-pocket expenses (temporary repairs, hotel stays).

• Note key dates: date of loss, date you reported, date of denial.

Prepared clients help attorneys move faster, which often increases settlement value.

4. What Happens After You Hire Counsel?

Your lawyer may send a pre-suit demand under §627.70152 outlining the dispute and giving the insurer 10 days to cure. If that fails, the next step is a lawsuit alleging breach of contract and, when appropriate, statutory bad faith. Most cases settle in mediation or appraisal long before trial. Because Broward County courts mandate early mediation, Miramar homeowners can expect resolution within 6–18 months once litigation begins.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every claim is fact-specific; consult a licensed Florida attorney for guidance on your situation.

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