Insurance Lawyers: Property Insurance – Miramar, Florida

Introduction: Why This Guide Matters to Miramar Homeowners

Miramar, Florida sits less than 10 miles from Biscayne Bay and only a short drive from the Atlantic Ocean. The city’s 140,000 residents enjoy warm weather year-round, yet that same subtropical climate also brings tropical storms, hurricanes, and sudden downpours that can soak roofs and flood yards in minutes. According to data reported by the Florida Department of Financial Services, property insurers paid more than $15 billion in residential claims statewide after Hurricane Irma alone. Unfortunately, many Miramar homeowners later learned that filing a claim and actually getting paid are two very different experiences. If you have already searched online for “property insurance claim denial miramar florida,” you know how technical Florida’s insurance rules can be. This long-form guide—written with a slight but unapologetic bias toward protecting policyholders—breaks down those rules into plain English. You will learn what Florida law promises you, the tactics insurers use to delay or deny payment, and the specific steps Miramar residents can take to enforce their rights. Every section cites only authoritative sources—including Florida Statutes, Florida Administrative Code provisions, and published opinions from Florida courts—so you can rely on the information when talking to an adjuster, filing documents with your carrier, or deciding whether to hire a Florida attorney.

Understanding Your Property Insurance Rights in Florida

The Homeowner’s Bill of Rights

Florida Statutes §627.7142 sets out a “Homeowner Claims Bill of Rights” that applies to every residential property policy issued in the state. When you report any residential property claim, your insurer must do the following within specific deadlines:

• Acknowledge your claim within 14 days and provide a copy of the Bill of Rights.

• Begin an investigation within a reasonable time.

• Pay or deny the claim—or part of it—within 90 days (subject to limited exceptions).

• Explain every denial in writing with reference to policy language.

Because Florida’s legislature recognizes the unequal bargaining power between a national insurer and an individual homeowner, the law requires carriers to act with “promptness and fairness.” When that standard is not met, policyholders can seek interest, attorney’s fees, and even “bad-faith” damages under §624.155, Florida Statutes.

Statute of Limitations and Notice Deadlines

Florida has two separate clocks you must watch carefully:

• Notice of claim: For hurricane or windstorm losses on or after December 16, 2022, you have one year to provide initial notice, and 18 months for supplemental claims. See §627.70132, Florida Statutes.

• Lawsuits: If the carrier refuses to pay, you generally have five years from the date of breach to sue for unpaid benefits under §95.11(2)(b). Because courts often debate when “breach” occurs, Miramar homeowners should treat the 5-year limit as the absolute last resort—not a target date.

Failing to meet either deadline can forfeit your entire claim, so calendar them immediately after any loss.

The Right to Attorney’s Fees

Florida encourages policyholders to challenge wrongful denials by forcing insurers to pay a prevailing homeowner’s reasonable attorney’s fees and costs under §627.428, Florida Statutes (policies issued before December 16, 2022) and §627.70152 (policies issued afterward, with pre-suit notice requirements). This “fee shifting” provision deters carriers from low-balling legitimate claims.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers seldom admit they are protecting profits; instead, they rely on technicalities buried in lengthy policy forms. Below are the most frequent denial grounds Miramar homeowners report to our office. Each is followed by a note on how Florida law addresses—or limits—the insurer’s argument.

1. Late Notice

The carrier alleges you did not report damage in time. While §627.70132 imposes strict notice deadlines for hurricane claims, late notice for non-hurricane losses must still cause actual prejudice to the insurer under Florida case law such as Bankers Ins. Co. v. Macias, 475 So. 2d 1216 (Fla. 1985). If the company cannot show it was hurt by the delay, the claim should proceed.

2. Wear and Tear Exclusion

Policies exclude “aging” or “maintenance” issues. However, if a sudden event—like a micro-burst or torrential rainfall common in Broward County—triggers the damage, the loss is usually covered. Florida follows the “efficient proximate cause” doctrine: when a covered peril sets other excluded events in motion, coverage applies.

3. Water Damage Over 14 Days

Many Florida policies now exclude water damage that existed for longer than 14 days. The burden remains on the insurer to prove the water sat that long. Timely photographs and expert opinions often undercut this denial.

4. Alleged Material Misrepresentation

Carriers sometimes void the policy for allegedly false statements in the application or during the claim. Florida Statutes §627.409 permits rescission only if the misrepresentation is “material” and would have changed the insurer’s decision to issue the policy. Innocent mistakes rarely meet that standard.

5. Right to Repair or Managed Repair Programs

Under §627.7011, an insurer may include a “right to repair” clause, forcing homeowners into managed repair programs. Miramar residents often object to out-of-state contractors unfamiliar with local building codes. If workmanship is poor, Florida law allows supplementary claims for resulting damages.

Florida Legal Protections & Insurance Regulations

Florida Office of Insurance Regulation (OIR)

The Florida Office of Insurance Regulation licenses carriers, reviews rates, and enforces solvency requirements. After recent insolvencies, OIR added stricter capital requirements to protect policyholders from a carrier’s sudden collapse.

Civil Remedy Notices (CRNs)

Before suing for bad-faith damages under §624.155, homeowners must file a Civil Remedy Notice with the DFS and allow the insurer 60 days to cure. CRNs must state specific violations—such as unfair claim settlement practices under §626.9541(1)(i)—and reference relevant policy language. A properly drafted CRN can unlock extra-contractual damages that far exceed the original loss.

Assignment of Benefits (AOB) Reform

To curb abusive contractor practices, the legislature enacted §627.7152. Homeowners can still assign claim proceeds to contractors, but strict disclosure and cancellation requirements now apply. Understanding these requirements helps Miramar homeowners maintain control over their own claims.

Pre-Suit Notice and Mandatory Mediation

For policies issued after December 2022, §627.70152 requires policyholders to give their carrier a 10-business-day pre-suit notice and attend Department-sponsored mediation if requested. While these steps may feel like hurdles, they also provide an inexpensive forum to resolve disputes quickly without filing suit in Broward County Circuit Court.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Certified Copy of Your Policy

Under §627.4137, insurers must provide a certified policy copy within 30 days of your written request. Reviewing every endorsement helps you spot unlawful exclusions.

2. Gather Evidence Immediately

Photograph all damage, obtain repair estimates from licensed Miramar contractors, and keep receipts for emergency mitigation. This documentation rebuts claims of pre-existing damage.

3. Order a Public Adjuster’s Estimate

Florida-licensed public adjusters (regulated by DFS) work exclusively for policyholders and cannot be paid based on claim proceeds greater than 10 percent in declared emergencies (§626.854). Their independent estimate often highlights under-scoped line items in the carrier’s report.

4. File a Notice of Dispute or Supplement

You may submit a supplemental claim within 18 months of the loss date for hurricane damage and within the policy period for non-hurricane losses. Put every dispute in writing and demand a re-inspection.

5. Engage in DFS Mediation or Neutral Evaluation

The DFS runs a free mediation program (Rule 69J-166.031, Florida Administrative Code). A neutral mediator in Broward County can pressure an insurer to settle without litigation.

6. Preserve Litigation Rights

If the insurer still refuses to act in good faith, consult a Florida attorney quickly to avoid statute-of-limitations issues. Provide the lawyer with your complete claim file—including denial letters, engineer reports, and recorded-statement transcripts.

When to Seek Legal Help in Florida

While many Miramar homeowners handle minor claims themselves, several red flags signal that you should involve counsel immediately:

• Complex Denials: The carrier cites multiple exclusions or “concurrent causation.”

• Large-Dollar Losses: Repairs exceed $30,000 or require roof replacement under Florida Building Code’s 25 percent rule.

• Bad-Faith Conduct: Repeated document requests, low-ball offers, or unexplained delays longer than 90 days.

• Policy Rescission Threats: The insurer sends a “reservation of rights” letter alleging misrepresentation.

Attorneys practicing in Florida must be active members of The Florida Bar, subject to the Rules Regulating The Florida Bar and oversight by the Supreme Court of Florida. Always verify a lawyer’s status on the Bar’s public website. Because Florida’s fee-shifting statutes place the ultimate cost on the insurer, Miramar homeowners can often retain counsel with no out-of-pocket expense.

Local Resources & Next Steps

Helpful Agencies and Contact Information

• Florida Department of Financial Services (Consumer Helpline): 1-877-693-5236

• DFS Broward County Mediation Program: Request online through your MyFloridaCFO portal.

• City of Miramar Building Division: 954-602-3200 (permits and post-loss inspections)

• Broward County Clerk of Courts: 954-831-6565 (file lawsuits in the 17th Judicial Circuit)

Checklist for Miramar Homeowners Moving Forward

• Mark your one-year notice and five-year lawsuit deadlines on a calendar.

• Collect all correspondence, estimates, and photos in a single digital folder.

• Schedule at least two independent inspections from local, licensed contractors.

• File any required pre-suit notice under §627.70152.

• Consult a qualified insurance attorney before signing any release or AOB.

Following these steps keeps you, not the insurer, in control of the claim.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and their application can vary based on specific facts. Miramar homeowners should consult a licensed Florida attorney regarding their individual situations.

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