Insurance Lawyers: Property Insurance in Lauderhill, Florida

Introduction: Why Lauderhill Homeowners Need a Florida-Specific Guide

Nestled just west of Fort Lauderdale, Lauderhill, Florida is no stranger to subtropical rainstorms, Atlantic hurricane threats, and the occasional plumbing catastrophe that can soak drywall in minutes. As Lauderhill homeowners know, property insurance is supposed to provide peace of mind when wind-driven rain lifts roof tiles on a townhouse near Inverrary Boulevard or a burst pipe floods a family room off State Road 816. Unfortunately, many policyholders discover only after disaster strikes that insurers may scrutinize, delay, or outright deny legitimate claims. This comprehensive guide is written from a policyholder-first perspective to help you understand Florida’s unique statutes, deadlines, and consumer protections so you can fight a property insurance claim denial Lauderhill Florida with confidence.

Unlike many states, Florida has enacted detailed regulations for homeowner policies because of its hurricane exposure and history of insurer insolvencies. Whether your policy is with Citizens Property Insurance Corporation or a private carrier, the rules you must follow—and the rights you enjoy—come from Florida Statutes, the Florida Administrative Code, and decades of Florida court decisions. If you act promptly, keep organized documentation, and know when to hire a Florida attorney who focuses on insurance law, you can level the playing field with even the largest carrier.

This guide covers:

• Your fundamental policyholder rights and the Florida “Homeowner Claims Bill of Rights.”

• Common reasons insurers give for denying or underpaying claims.

• Key Florida deadlines, including the 5-year statute of limitations to sue for breach of a written insurance contract under Fla. Stat. § 95.11(2)(b) and the 2-year notice requirement for hurricane losses under Fla. Stat. § 627.70132.

• Step-by-step actions to take after a denial.

• When and how to enlist professional help, from public adjusters to litigation counsel.

Armed with accurate, Florida-specific information—and a slight bias toward protecting homeowners—you will be ready to push back when an insurance company refuses to honor its promises.

Understanding Your Property Insurance Rights in Florida

The Homeowner Claims Bill of Rights

The Florida Legislature created a formal Homeowner Claims Bill of Rights in Fla. Stat. § 627.7142. Although the document must be provided to you by your insurer within 14 days after you report a claim, you can—and should—know these rights beforehand:

• You have the right to receive an acknowledgment of your claim within 14 days.

• Your carrier must begin an investigation within a reasonable time.

• The insurer must send you a written decision—approved or denied—within 90 days, absent factors beyond its control.

• You may receive free mediation through the Florida Department of Financial Services (DFS) for certain residential property disputes.

• You can hire your own appraiser, public adjuster, or attorney at any time.

Implied Covenant of Good Faith

Every Florida insurance contract carries an implied covenant of good faith and fair dealing. If an insurer fails to settle a claim when it could and should have done so, you may later bring a bad-faith action under Fla. Stat. § 624.155—but only after you first win or settle the underlying breach-of-contract case. This two-step framework places pressure on insurers to treat you fairly from day one.

Statutes of Limitation and Notice Deadlines

• Five years to sue for breach of a property insurance contract (Fla. Stat. § 95.11(2)(b)).

• Two years to give “notice of intent to file suit” for hurricane or windstorm losses (Fla. Stat. § 627.70132).

• One year deadline to reopen or supplement a hurricane claim (also § 627.70132), unless the policy provides a longer period.

Missing these deadlines could bar recovery, so calendaring them—plus reminders 30, 60, and 90 days in advance—is essential.

Common Reasons Property Insurance Companies Deny Claims in Florida

While each loss is unique, insurers tend to rely on a predictable set of objections. Understanding them will help you provide evidence that preempts denial.

1. Late Notice

If you wait months to report roof damage, your insurer may argue it was prejudiced because it could not inspect promptly. Florida courts apply a two-part test: (1) was notice late under the policy; and (2) did the insurer prove it was actually prejudiced? Try to report within 24–72 hours of discovering damage.

2. Excluded Causes

Policies often exclude flood, earth movement, or wear and tear. But exclusions are strictly construed against insurers. In Sebo v. American Home Assurance Co., the Florida Supreme Court adopted the “concurrent cause” doctrine: if a covered peril (wind) and an excluded peril (defective construction) combine to cause the loss, coverage may still apply.

3. Underpayment Rather Than Outright Denial

Sometimes carriers under-scope repairs or apply depreciation aggressively. A difference of opinion as small as $5,000 may still justify appraisal, DFS mediation, or a lawsuit.

4. Alleged Material Misrepresentation

Insurers occasionally void a policy, claiming the homeowner concealed material facts in the application or during the claim. Florida law requires the misrepresentation be material and intentional; honest mistakes are not grounds for forfeiture.

5. Failure to Mitigate

Your policy requires you to take reasonable steps to prevent further damage—such as tarping a roof. Save all receipts; insurers look for any excuse to reduce payment based on alleged neglect.

Florida Legal Protections & Insurance Regulations

Role of the Department of Financial Services (DFS)

The DFS licenses adjusters, oversees insurer solvency, and offers free mediation for disputed claims under Fla. Stat. § 627.7015. You can file a consumer complaint or request mediation online via the DFS Consumer Services portal.

Public Adjuster Regulations

Public adjusters who represent homeowners, rather than the insurer, must hold a Florida license under Chapter 69B-220 of the Florida Administrative Code (FAC 69B-220). Fees are capped at 10% for hurricane claims made during the first year after the storm and 20% for all other claims.

Attorney Licensing and Fee Shifting

Any Florida attorney representing policyholders must be admitted to The Florida Bar and in good standing. Historically, Fla. Stat. § 627.428 allowed courts to award prevailing insureds reasonable attorney’s fees. Recent legislative amendments (2022 & 2023 sessions) changed § 627.428 to curtail one-way fee shifting for new policies issued after December 16, 2022. However, older policies may still trigger fee recovery. Consult counsel to determine which version applies.

Civil Remedy Notice

Before filing a bad-faith lawsuit, you must upload a Civil Remedy Notice (CRN) to the DFS website, giving the insurer 60 days to cure the violation (Fla. Stat. § 624.155). Document every attempt you make to resolve the dispute within that window.

Steps to Take After a Property Insurance Claim Denial in Florida

The moment you receive a denial letter—whether you live in Central Lauderhill or the Environ area—your response should follow a disciplined checklist.

1. Read the Denial Letter Carefully

Identify every policy provision cited. Does the insurer reference an exclusion, late notice, or insufficient proof of loss? Highlight each reason; you will need evidence to rebut each one.

2. Gather and Preserve Evidence

• Photographs and video from the day of the loss.

• Receipts for emergency mitigation (tarping, water extraction).

• Repair estimates from licensed Broward County contractors.

• Correspondence with your carrier and independent adjuster reports.

3. Demand a Certified Copy of the Policy

Under Fla. Stat. § 627.4137, your insurer must provide a certified copy upon written request. This ensures you are relying on the exact policy language—not a brochure or summary.

4. Request DFS Mediation (Optional but Often Helpful)

File a mediation request within 60 days of the denial. The DFS will assign a neutral mediator and schedule a session in Broward County, usually held virtually or in nearby Plantation. If the insurer fails to appear, you can later argue for fee recovery.

5. Consider Appraisal

If the dispute is purely about the dollar amount, many policies contain a contractual appraisal clause. Each side hires an appraiser; a neutral umpire breaks deadlocks. Appraisal is typically faster than litigation but does not decide coverage issues.

6. Hire a Public Adjuster or Attorney

If you face complex coverage questions, or if the insurer alleges fraud, hiring a licensed public adjuster or experienced insurance lawyer becomes crucial. Make sure any professional you retain is based in Florida and familiar with Broward County court procedures.

7. File Suit Before the Deadline

Remember the five-year statute of limitations for breach of contract. File sooner rather than later to avoid evidence loss and witness unavailability.

When to Seek Legal Help in Florida

Lauderhill homeowners sometimes wait until the eve of limitation deadlines to contact counsel. That strategy can jeopardize your claim. Consider hiring an attorney immediately when:

• The insurer accuses you of making material misrepresentations.

• Denial is based on a complex exclusion (e.g., anti-concurrent causation clause).

• The carrier refuses to participate in DFS mediation or appraisal.

• Your claim involves significant structural damage or business interruption for a home-based business.

• You receive a “reservation of rights” letter indicating the insurer may later deny coverage.

An attorney can issue subpoenas, conduct depositions, and leverage expert engineers to show that wind—not wear and tear—caused the roof failure. Moreover, early legal intervention may prompt the insurer to settle before litigation costs escalate.

Local Resources & Next Steps

Broward County and Lauderhill-Specific Contacts

• Lauderhill Building Department – Obtain permits and inspection records: 5581 W. Oakland Park Blvd., Lauderhill, FL 33313.

• Broward County Property Appraiser – Access public records proving property value at the date of loss.

• Broward Clerk of Courts – For filing lawsuits and accessing small-claims information: 201 S.E. 6th Street, Fort Lauderdale.

• DFS Insurance Consumer Helpline – 1-877-693-5236 for mediation requests and complaints.

Community Disaster Preparedness

Lauderhill participates in Broward County’s “MonarchSAFE” Alert system. Sign up for real-time weather alerts to document storm timelines—critical evidence if you later assert wind damage.

Next Steps Checklist

• Add key deadlines (DFS mediation, appraisal demand, five-year lawsuit clock) to your calendar.

• Organize a digital folder with photos, invoices, and correspondence.

• Request a certified policy copy and your claim file from the insurer.

• Consult a Florida-licensed public adjuster or lawyer for a free case review.

Most importantly, act now; delay is the insurer’s best friend.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Every claim is unique. 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.