Insurance Lawyers & Property Insurance in Plantation, Florida

Introduction: Why Plantation Homeowners Need to Know Their Property Insurance Rights

Situated in the heart of Broward County, Plantation, Florida is a thriving suburban community lined with mature oak trees, mid-century homes, and newer developments that continue to grow in value. Yet, like the rest of South Florida, Plantation faces seasonal threats from hurricanes, tropical storms, and heavy summer downpours. Each weather event raises the risk of roof damage, flooding, and electrical fires—losses that often trigger property insurance claims.

Unfortunately, many Plantation homeowners discover that collecting on an insurance policy can be far harder than buying one. Adjusters may undervalue repairs, delay payments, or deny claims outright. When that happens, knowing Florida’s legal protections becomes critical. This guide—written with a bias toward protecting policyholders—explains the laws, deadlines, and practical steps that owners in Plantation should follow after a property insurance claim denial plantation florida. Whether you own a single-family home off Broward Boulevard or a condo near Plantation Walk, understanding your rights can spell the difference between a costly out-of-pocket rebuild and a fair settlement.

Understanding Your Property Insurance Rights in Florida

The Contractual Right to Full, Prompt Payment

Your homeowner’s policy is a contract. Under Florida common law and statute, the insurer must honor the terms in good faith. When covered damage occurs, you have the right to:

• Receive acknowledgement of your claim within 14 days (Fla. Stat. § 627.70131(1)(a)).

• Receive a coverage decision within 90 days after you submit proof-of-loss (Fla. Stat. § 627.70131(7)(a)).

• Be paid undisputed amounts promptly once liability is determined.

Florida Homeowner Claims Bill of Rights

Adopted in Fla. Stat. § 627.7142, this bill of rights requires carriers to provide policyholders a notice outlining:

• Major timelines for claims handling.

• The right to mediation under the Florida Department of Financial Services (DFS).

• The right to consult a licensed Florida attorney or public adjuster.

The notice must be delivered within 14 days of your claim. If you did not receive it, raise the omission—it can support a bad-faith argument.

Statute of Limitations

Under Fla. Stat. § 95.11(2)(e), you generally have five years from the date of loss to sue an insurer for breach of a property policy. Hurricane claims face an additional notice deadline under Fla. Stat. § 627.70132: policyholders must give notice to the insurer within one year of the windstorm’s landfall (reduced from two years in 2023). Missing that notice jeopardizes recovery, so do not wait.

Assignment of Benefits (AOB) Limits

Recent reforms limit contractors’ ability to take over a claim through an AOB. Be cautious before signing any AOB—once assigned, you may lose control of the claim.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers often cite one or more of the following reasons when denying or underpaying a Plantation homeowner’s claim:

• Late Notice of Claim – The carrier alleges you failed to report damage "promptly" or within policy deadlines. However, Florida courts weigh whether the late notice actually prejudiced the insurer’s investigation.

• Wear and Tear Exclusions – Many policies exclude long-term deterioration. Disputes arise when an insurer says your leaky roof is old age, not wind damage. A qualified engineer or roofer can often refute this.

• Water Damage Exclusions – Burst pipes are covered; flooding from rising water is not unless you have National Flood Insurance. Carriers sometimes misclassify the cause to avoid payment.

• Misrepresentation or Fraud Allegations – Even innocent errors on the application may be used to void a policy. Insurers bear the burden of proving intent to mislead.

• Failure to Mitigate – Policies require reasonable steps to prevent further damage (e.g., tarping a roof). Document mitigation efforts and keep receipts.

• Underinsurance or Coverage Gaps – Florida’s rising replacement-cost values can leave limits too low. Yet, if the insurer accepted your premium based on its own valuation software, it can be held accountable.

Understanding these tactics equips plantation homeowners to push back quickly with evidence.

Florida Legal Protections & Insurance Regulations

Bad-Faith Remedies

Florida Statutes § 624.155 allows policyholders to recover extra-contractual damages when an insurer fails to settle in good faith. Before suing, you must file a Civil Remedy Notice (CRN) with DFS and give the carrier 60 days to cure. Monetary damages can include attorney’s fees and even consequential losses.

Attorney’s Fees for Prevailing Policyholders

Under Fla. Stat. § 627.428 (for older claims) and § 627.70152 (for newer residential property suits), a court may order the insurer to pay your reasonable attorney’s fees if you obtain any judgment in your favor. This “fee-shifting” provision levels the playing field, encouraging homeowners to retain counsel without fear of up-front costs.

DFS Mediation & Neutral Evaluation

The Florida Department of Financial Services Consumer Services Division offers free, non-binding mediation for residential property disputes up to $500,000. If the dispute involves sinkhole coverage, neutral evaluation is available under Fla. Stat. § 627.7074.

Regulation of Claims Adjusters

Adjusters (both company and independent) must hold a Florida license under Chapter 626, Florida Statutes. If an adjuster acts unethically—delaying inspections, misstating coverage—the DFS can investigate and discipline them.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Carefully

Compare the cited policy provisions to your actual loss. Highlight ambiguous wording. Denials often rely on broad exclusions that other policy sections override.

2. Request the Full Claim File

Florida Administrative Code Rule 69B-220.201 gives you the right to reasonable claim documentation. Ask for adjuster notes, photos, and engineering reports.

3. Gather Independent Evidence

• Secure bids from local, licensed contractors in Plantation.

• Take timestamped photos and video of all damage.

• Obtain weather data (e.g., NOAA hurricane reports) for the date of loss.

4. File a Supplemental or Re-Opened Claim

If additional damage appears or you disagree with the valuation, Florida law lets you supplement your claim. Submit new estimates and explicitly label the filing as "Supplemental." This keeps the five-year limitations period intact.

5. Consider DFS Mediation

For many Plantation homeowners, mediation yields a faster payout without court costs. Complete Form DFS-I0-M9 and pay the modest $100 fee (carriers cover the balance).

6. Consult a Licensed Florida Attorney

Because insurers have in-house counsel, early legal guidance can preserve evidence and avoid missed deadlines. Choosing counsel who routinely litigates in Broward County’s Seventeenth Judicial Circuit adds local familiarity.

When to Seek Legal Help in Florida

Some denials can be overturned with extra documentation, but others require litigation. Engage an attorney when:

• The insurer accuses you of fraud or intentional misrepresentation.

• The insurer issues a "reservation of rights" letter and stalls payment.

• Your repair estimates exceed the carrier’s offer by more than 20%.

• You face the one-year hurricane notice deadline or the five-year lawsuit deadline.

Florida attorneys must be members in good standing of The Florida Bar. You can verify licenses and any disciplinary history online. Most property insurance lawyers work on contingency, charging nothing unless they recover funds. Thanks to statutory fee-shifting, the insurer may pay your fees if you win.

Local Resources & Next Steps for Plantation Residents

Government & Non-Profit Resources

• Plantation Building Department – Obtain permits and post-storm repair guidelines. Address: 401 NW 70th Terrace, Plantation, FL 33317.

• Broward County Emergency Management – For debris removal schedules after hurricanes.

• Florida DFS Consumer Helpline – 1-877-693-5236 for mediation eligibility.

Hiring Local Experts

Engage contractors, engineers, and roofers based in Broward County. Local professionals understand South Florida’s High-Velocity Hurricane Zone (HVHZ) building codes and can testify about regional wind patterns.

Staying Proactive

• Review your policy annually, paying close attention to hurricane, water, and mold limits.

• Maintain updated photos of your home’s condition—critical evidence after a storm.

• Keep a dedicated "insurance" folder with receipts for upgrades; under Fla. Stat. § 627.7011, replacement-cost coverage reimburses upgrades backed by proof.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim is unique. Always consult a licensed Florida attorney for advice specific to 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.

Additional reading: Florida Department of Financial Services Consumer Resources | Florida Statute § 95.11 – Limitations of Actions | Florida Homeowner Claims Bill of Rights