Insurance Lawyers’ Property Insurance Guide – Sunrise, Florida

Introduction: Property Insurance Realities for Sunrise Homeowners

Sunrise, Florida sits just west of Fort Lauderdale, tucked between the Everglades Conservation Area and the Atlantic coast. The city’s 90,000-plus residents enjoy warm weather year-round, but the same subtropical climate also brings heavy rains, tropical storms, and the occasional hurricane making landfall in nearby Broward County. Those weather risks, coupled with the state’s booming housing market, have pushed both insurance premiums and denied claims to record heights. If you are a Sunrise homeowner facing a property insurance claim denial, you are not alone. According to the Florida Office of Insurance Regulation, nearly 30 percent of residential property claims filed after Hurricane Irma in Broward County were initially denied or underpaid. The good news is that Florida law provides robust—yet time-sensitive—rights for policyholders. This comprehensive guide, written with a slight bias toward protecting Sunrise homeowners, walks you through those rights, the most common denial tactics, the statutes that can work in your favor, and how to secure professional help when needed.

Understanding Your Property Insurance Rights in Florida

Key Policyholder Protections

Florida’s legislature and courts recognize the crucial role insurance plays in stabilizing the housing market and facilitating post-storm recovery. As a result, several statutes tilt the balance toward policyholders:

• Prompt Pay Statute – Fla. Stat. § 627.70131: Once an insurer receives a complete proof-of-loss, it must pay or deny the claim within 90 days or face interest penalties.

• Notice Deadlines – Fla. Stat. § 627.70132 (2023): For losses occurring on or after January 1, 2023, you have one year from the date of loss to give initial notice to your insurer and 18 months to file any supplemental or reopened claim.

• Right to Copy of Adjuster’s Estimate – Fla. Stat. § 627.70131(2): Insurers must send you a detailed estimate of damages within seven days after it is created.

• Attorney’s Fees (Limited) – Fla. Stat. § 57.105 & § 627.428 (repealed for new policies after 12/16/22): For older policies, a prevailing policyholder could recover reasonable attorney’s fees. Although SB 2A curtailed this right for new policies, courts still award fees for pre-2023 claims and in bad-faith suits under Fla. Stat. § 624.155.

Statute of Limitations to Sue

Even if you’ve complied with the notice deadlines above, you must still file any lawsuit within the contract limitations period. Under Fla. Stat. § 95.11(2)(e), actions for breach of a written property insurance policy generally must be commenced within five years of the date the insurer breached the policy (often the date of denial or underpayment). Missing this deadline is fatal to your claim, so do not delay.

Good-Faith Obligations

Every insurer doing business in Sunrise owes you a duty of good faith and fair dealing. When an insurer unreasonably delays investigation, undervalues obvious damages, or drags its feet in cutting a check, you may have a statutory bad-faith claim under Fla. Stat. § 624.155 in addition to breach of contract. Bad-faith claims can entitle you to extra-contractual damages such as interest, litigation expenses, and sometimes consequential damages for financial distress.

Common Reasons Property Insurance Companies Deny Claims in Florida

Most Sunrise homeowners only learn the fine print of their policies after disaster strikes. Sadly, that knowledge often arrives in the form of a denial letter. Below are the strategies insurers most frequently use in Florida to deny or underpay claims:

• Late Notice: If you did not report the loss within the one-year window under § 627.70132, the carrier will assert a late-notice defense. However, you can sometimes overcome this presumption by proving the delay did not prejudice the insurer’s investigation.

• Wear and Tear Exclusions: Water stains or roof leaks may be labeled “maintenance issues” rather than sudden storm damage. Florida courts, such as in Mezadieu v. Safepoint Ins. Co., 315 So. 3d 26 (Fla. 4th DCA 2021), have held that once a homeowner presents evidence of a covered peril, the insurer bears the burden of proving an exclusion applies.

• Water Damage Limits: Many policies cap non-hurricane water losses at $10,000 unless all plumbing is replaced or remediated. Sunrise’s older housing stock can trigger these caps.

• Concurrent Causation: Insurers argue that both covered (wind) and excluded (flood) perils caused the damage. Florida follows the “efficient proximate cause” doctrine; if a covered peril set the chain of events in motion, the loss is covered (Jones v. Federated Nat’l Ins. Co., 235 So. 3d 936, Fla. 4th DCA 2018).

• Appraisal Manipulation: Some companies invoke the policy’s appraisal clause to force a quick, lowball settlement. Know that appraisal does not bar bad-faith claims.

Florida Legal Protections & Insurance Regulations

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

The Florida DFS Division of Consumer Services assists policyholders statewide. You can file a complaint online, and DFS will request a formal written response from your insurer within 20 days. DFS may also refer patterns of misconduct to the Office of Insurance Regulation for sanctions, giving your claim additional leverage.

Mandatory Mediation Program

Under Fla. Admin. Code R. 69J-166.031, residential property owners may demand free, non-binding mediation before filing suit (or appraisal). The program is run through DFS and typically occurs within 45 days of your request. Although the mediator can’t force a settlement, insurers often increase their offers to avoid litigation costs.

Neutral Evaluation for Sinkholes

Broward County is not a sinkhole hotspot like Hernando County, but if a Sunrise property develops subsidence issues, Fla. Stat. § 627.7074 allows either party to opt for neutral evaluation—a tech-driven review by a licensed geologist. While not binding, neutral evaluation reports carry weight in court.

Anti-Assignment Restrictions

As of 2019, Fla. Stat. § 627.7152 allows policies to limit or bar an assignment of benefits (AOB) to contractors. Sunrise homeowners must now provide written notice and abide by strict invoicing requirements before transferring policy rights. Always review your AOB clause before signing a remediation contract.

Attorney Licensing and Fee Rules

Only members of The Florida Bar may practice law or give legal advice in Sunrise. Lawyers must be in good standing under Chapter 4, Rules Regulating the Florida Bar, and maintain trust accounts for client funds. Fee agreements in property claim cases are typically contingency-based and must be in writing per Rule 4-1.5(f). Non-lawyer public adjusters may advocate during the claims stage but cannot file a lawsuit or accept contingency fees on litigation proceeds.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Carefully

Insurers must state the specific policy language they relied on (Fla. Stat. § 626.9541(1)(i)3.f.). Highlight or annotate each cited exclusion so you can gather evidence to counter it.

2. Request the Claim File

Under § 626.9541, you may request all adjuster notes, photographs, and expert reports. Send a written demand via certified mail; insurers often produce the file within 30 days to avoid bad-faith exposure.

3. Document the Damage Anew

• Take date-stamped photos and videos.

• Retain any damaged materials (roof shingles, flooring) if safe.

• Collect repair estimates from licensed Sunrise contractors.

4. Consider a Public Adjuster

A credentialed public adjuster—licensed under Fla. Stat. § 626.8651—can re-inspect the property and prepare a comprehensive proof-of-loss. In Sunrise, fees are capped at 10 percent for declared state-of-emergency events and 20 percent otherwise (Fla. Stat. § 626.854).

5. Invoke Appraisal or Mediation

If the dispute centers on valuation, you may invoke appraisal. Make sure your chosen appraiser is truly independent. Alternatively, request DFS mediation to put immediate settlement pressure on the insurer.

6. File a DFS Civil Remedy Notice (CRN)

Before suing for bad faith under § 624.155, you must file a CRN giving the insurer 60 days to cure. The online form (DFS CRN Portal) requires the policy number, date of loss, and a concise statement of facts. Many insurers issue supplemental payments within the cure window to avoid litigation.

7. Retain a Florida Attorney if Necessary

If appraisal, mediation, or a CRN do not resolve the dispute, the next step is litigation in Broward County Circuit Court, which has jurisdiction over claims exceeding $50,000. Deadlines are unforgiving, so consult counsel early to preserve evidence and meet all pre-suit notice requirements.

When to Seek Legal Help in Florida

Certain red flags indicate it is time to call a Florida attorney experienced in property insurance disputes:

• Low-Ball Payment vs. Contractor Estimate: If the insurer’s payment is less than half of a licensed Sunrise contractor’s estimate, negotiation may be futile without legal muscle.

• Coverage Denied Based on Causation Dispute: Wind vs. flood or pre-existing damage arguments often require expert testimony that lawyers can coordinate.

• Bad-Faith Delay: More than 90 days have passed since you submitted a complete proof-of-loss and the carrier still has not paid or denied.

• Large or Complex Loss: Fire, mold, or total roof replacement claims frequently exceed policy caps, involving ordinance or law coverage and code upgrades required by Sunrise’s Building Department.

Because Florida prohibits the unauthorized practice of law, only a licensed attorney can file suit or depose the insurer’s adjusters. Most reputable firms offer free consultations and contingency fees, meaning no out-of-pocket cost unless they win or settle your case.

Local Resources & Next Steps for Sunrise Homeowners

Government Agencies

• Sunrise Building Division: 1607 NW 136th Ave., Sunrise, FL 33323 – Obtain inspection reports that may bolster your claim.

• Broward County Clerk of Courts: 201 SE 6th Street, Fort Lauderdale – File lawsuits or retrieve docket information.

• South Florida Water Management District: Flood-zone maps for determining whether flood insurance—separate from homeowners coverage—applies.

Non-Profit & Community Aid

• Florida Legal Services: Offers income-based assistance for homeowners battling insurers.

• United Policyholders: Provides claim guidance worksheets specific to hurricane and wind damage.

Checklist for Sunrise Homeowners

• Review your policy’s declaration page for deductibles and exclusions.

• Compile photos, repair invoices, and correspondence.

• Mark your calendar with the one-year notice deadline and five-year lawsuit deadline.

• Obtain at least two contractor estimates—preferably from Sunrise-based companies familiar with Broward County code.

• Consult a licensed public adjuster or attorney before signing any settlement release.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Every claim is fact-specific. You should consult a licensed Florida attorney to evaluate your individual situation.

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