Insurance Lawyers: Property Insurance Coral Springs, Florida

Introduction

Few experiences are more stressful for Coral Springs homeowners than discovering roof damage after a summer thunderstorm or returning from work to find water pouring through a broken supply line. Broward County’s subtropical climate, proximity to the Atlantic Ocean, and frequent severe-weather events expose local properties to unique risks—wind-driven rain, hail, plumbing failures, and the ever-present threat of tropical storms. Because repair costs in South Florida continue to rise, most residents who hold a mortgage are required to maintain property (homeowners) insurance. Yet, when it is time to rely on that coverage, many policyholders find their claims delayed, underpaid, or outright denied.

This guide—created for Coral Springs, Florida property owners—explains your rights under Florida insurance law, the most common reasons carriers deny or underpay claims, and the practical and legal steps you can take to protect your biggest investment. While the information here favors policyholders, every statement is based on authoritative sources such as the Florida Department of Financial Services (DFS), the Florida Statutes, and published Florida court opinions.

Understanding Your Property Insurance Rights in Florida

The Homeowner Claims Bill of Rights

Enacted in 2019, Florida Statute § 627.7142 requires insurers to provide a one-page summary of consumer protections whenever a residential claim is reported. Key provisions include:

• The insurer must acknowledge your initial notice of claim within 14 days.

• A written coverage decision is due within 90 days after you submit proof-of-loss documents.

• You are entitled to receive any undisputed portion of benefits within 60 days of the carrier’s receipt of your sworn proof of loss.

Time Limits to File Claims and Lawsuits

• Under Fla. Stat. § 627.70132 (as amended in 2022), a policyholder generally has one year to give notice of a new or reopened property claim and 18 months for a supplemental claim.

• The deadline to file a breach-of-contract lawsuit against your insurer is typically five years from the date the insurer breaches the policy (Fla. Stat. § 95.11(2)(e)). Recent legislative sessions have proposed shorter limits, so confirm the period that applies to your loss date.

Protections Against Unfair Claim Practices

Florida Statute § 626.9541 defines—and prohibits—unfair claim settlement practices such as misrepresenting policy provisions, failing to conduct a reasonable investigation, or offering unreasonably low payments. If a carrier violates this law, you may file a Civil Remedy Notice (CRN) with DFS, giving the insurer 60 days to cure the violation before you pursue bad-faith damages in court.

Your Right to Hire Representation

Florida residents may hire a licensed public adjuster to prepare and negotiate the claim or a Florida attorney to litigate disputes. The Florida Bar regulates lawyers under Chapter 4 of the Rules Regulating The Florida Bar, and only members in good standing may give legal advice or represent clients in Florida courts.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers cite a variety of justifications for denial. Understanding these reasons helps you gather the right evidence and, when necessary, challenge the decision.

• Late Notice – If you wait months to report damage, the carrier may claim it was deprived of the chance to inspect promptly. However, Florida law requires the insurer to show it was actually prejudiced by the delay, especially when the damage is widespread after a hurricane.

• Wear and Tear Exclusions – Most policies exclude “maintenance” conditions or deterioration. Carriers sometimes stretch this clause to deny legitimate wind or hail losses, alleging pre-existing damage.

• Water Damage Limitations – Policies often limit coverage for water leaks that occur over more than 14 days. A dispute arises when the insurer cannot pinpoint the exact duration of the leak.

• Failure to Mitigate – Homeowners must take reasonable steps (e.g., placing a tarp) to prevent further damage. Insurers invoke this defense even when they waived inspection deadlines or delayed payment.

• Alleged Misrepresentation or Fraud – If the carrier believes invoices or photos were altered, it can void the policy. Florida courts demand clear evidence before upholding rescission.

• Underinsurance or Coverage Gaps – Many Coral Springs homes were upgraded after Hurricane Andrew. If the policy’s dwelling limit is outdated, the carrier may assert coinsurance penalties.

Each denial reason must be evaluated against the facts, policy language, and Florida case law. A knowledgeable advocate can identify weaknesses in the insurer’s position.

Florida Legal Protections & Insurance Regulations

Statutory Framework

• Chapter 624-632, Florida Statutes – Establishes the Florida Office of Insurance Regulation (OIR) and DFS oversight over residential property insurers.

• Florida Administrative Code Rule 69O-166 – Sets minimum claim-handling standards, including the duty to respond to communications within 14 calendar days.

• Section 627.428 (now § 627.70152 for property claims filed after July 1, 2021) – Historically allowed policyholders to recover attorney’s fees when they prevailed. The 2022 reforms altered the fee-shifting rules, so consult counsel regarding your loss date.

The DFS Mediation Program

The Florida Department of Financial Services offers a no-cost, non-binding mediation program for disputed property claims under § 627.7015. Statistics published by DFS show that roughly 50 % of mediated cases settle on the day of mediation. For Coral Springs homeowners seeking a fast resolution without litigation costs, this program can be an effective first step.

Assignment of Benefits (AOB) Restrictions

2019 legislation (HB 7065) limited AOB agreements by requiring strict notice, cancellation, and attorney-fee provisions. If you signed an AOB with a contractor after a pipe burst, verify compliance; otherwise, the carrier may deny payment to the contractor, leaving you responsible.

Regulation of Insurer Solvency

Because several Florida carriers have entered receivership in recent years, the DFS Division of Rehabilitation & Liquidation steps in when an insurer becomes insolvent. Claims then move to the Florida Insurance Guaranty Association (FIGA), which pays covered losses up to statutory caps.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Carefully

The insurer must cite specific policy provisions that support its decision. Compare those sections to the facts you documented. Pay special attention to any deadlines for internal appeals.

2. Gather and Preserve Evidence

• Take dated photos and video of all damage (roof, interior, contents).

• Retain repair invoices and remediation receipts.

• Keep correspondence with contractors, mitigation companies, and the insurer.

3. Obtain an Independent Evaluation

Licensed public adjusters in Florida can provide a competing estimate using Xactimate or similar software. Their report often highlights omissions in the carrier’s scope.

4. File a Supplemental Claim

If new damage is discovered or the scope of loss expands, submit a supplemental claim within the 18-month window set by § 627.70132. Even after denial, the policy allows supplementation when the insurer receives new documentation.

5. Explore DFS Mediation

Submit Form DFS-I4-510 to request mediation. Both parties must attend, and if you settle, payment is generally due within 20 days.

6. Serve a Notice of Intent to Litigate

For suits filed after July 1 2021, § 627.70152 requires a 10-business-day notice of intent (NOI) with a detailed estimate. The insurer then has 10 days to respond with a settlement offer. Failure to comply with NOI rules can delay court proceedings.

7. File a Civil Remedy Notice (When Appropriate)

Use the DFS Civil Remedy System (official portal) to allege bad-faith conduct under § 624.155. If the insurer cures within 60 days, you may still recover the claim amount; if not, you preserve the right to extra-contractual damages.

When to Seek Legal Help in Florida

While many disputes resolve through negotiation, some require courtroom advocacy. Consider hiring a Florida attorney when:

• The carrier alleges fraud or misrepresentation.

• The amount in dispute exceeds $15,000—Broward County’s threshold for Circuit Court jurisdiction.

• Your mortgage lender is threatening foreclosure due to unrepaired damage.

• The insurer ignored your Civil Remedy Notice, or the statutory “cure” offer is unreasonable.

• Multiple expert opinions conflict, and depositions or appraisal hearings are likely.

Florida lawyers must be licensed by The Florida Bar and may not charge contingency fees greater than those allowed under Rule 4-1.5(f). Reputable firms in South Florida offer free consultations and advance litigation costs, recovering fees only if they win or settle your case.

Local Resources & Next Steps

Florida DFS Consumer Services – File complaints, request mediation, or check an insurer’s complaint history. The Florida Bar Lawyer Referral Service – Obtain contact information for vetted attorneys in Broward County. City of Coral Springs Building Department – Access permit records, elevation certificates, and post-storm inspection guidelines. Florida District Court Opinions – Review precedents on property insurance disputes.

As a Coral Springs homeowner, staying proactive is vital. Document every interaction, know your statutory timelines, and do not hesitate to escalate your claim when the carrier fails to honor its obligations.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney regarding your specific circumstances.

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