Lawyers for Insurance: Longwood, Florida Property Insurance

Introduction: Why Longwood, Florida Homeowners Need This Guide

Longwood, a historic city in Seminole County, sits just 15 miles north of downtown Orlando. Although it enjoys the charm of tree-lined neighborhoods like Sweetwater Oaks and the convenience of major corridors such as State Road 434 and Interstate 4, Longwood is not immune to Florida’s notorious storms. From hail-producing afternoon thunderstorms to the occasional hurricane that pushes through the Central Florida peninsula, wind and water routinely test roofs, stucco, windows, and personal property. As a result, Longwood homeowners regularly interact with their insurance companies—sometimes under stressful, post-disaster conditions.

If you have experienced a property insurance claim denial longwood florida, or if your carrier has underpaid, delayed, or threatened to non-renew, you are not alone. Florida leads the nation in insurance litigation, and policyholders statewide face sophisticated claim-handling practices designed to minimize payouts. The good news is that Florida law offers substantial protections for property owners—protections that are most effective when you understand them and assert them early. This comprehensive guide, written with a slight bias in favor of policyholders, walks Longwood residents through their rights, common insurer tactics, relevant statutes, and practical next steps. Whether you live near Lake Brantley, off Rangeline Road, or in one of the newer developments bordering Wekiva Springs, the principles below apply equally across the state.

Understanding Your Property Insurance Rights in Florida

The Policy Is a Contract—And Florida Law Favors Enforcement

Your homeowners or commercial property insurance policy is a written contract. Under Florida Statutes § 95.11(2)(b), policyholders generally have five years from the date the insurer breaches that contract to file suit for unpaid benefits. In practical terms, the breach occurs when your carrier denies, underpays, or fails to pay a covered claim within the statutory deadlines discussed below.

The “Homeowner Claims Bill of Rights”

Florida’s Legislature codified an express set of consumer protections in Florida Statutes § 627.7142. Highlights include:

• The right to receive acknowledgment of your claim within 14 days of notifying the insurer.

• The right to receive payment or a denial within 90 days after submitting a sworn proof of loss (also called the “90-day rule”).

• The right to receive a reasonable explanation in writing when a claim is denied or partially denied.

• The right to participate in the Florida Department of Financial Services (DFS) mediation program at the insurer’s expense for most residential claims under $50,000.

Notice Requirements for Windstorm and Hurricane Losses

For losses on or after January 1, 2023, Florida Statutes § 627.70132 requires notice of a hurricane or windstorm claim within one year of the date of loss, and any supplemental claim within 18 months. Missing these deadlines can forfeit coverage, so submit notices quickly—even if you have not yet tallied every dollar of damage.

Right to Attorney’s Fees—But New Rules Apply

Historically, Florida Statutes § 627.428 allowed prevailing policyholders to recover their reasonable attorney’s fees from insurers that wrongly denied claims. In 2022, the Legislature repealed § 627.428 for lawsuits filed after December 16, 2022, replacing it with § 86.121 (for declaratory actions) and other provisions that limit fee shifting. While the playing field is narrower today, Florida courts may still award fees in specific contexts. This incentive often motivates insurers to settle strong cases.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. “Wear and Tear” vs. “Sudden and Accidental” Damage

Insurers frequently argue that roof leaks, cracked tiles, or plumbing discharges result from long-term deterioration rather than a single covered event. Yet Florida’s concurrent-cause doctrine (recognized in cases such as Sebastian v. State Farm, 46 So. 3d 134 (Fla. 1st DCA 2010)) may require coverage when a covered peril acts concurrently with an uncovered one. If a storm exacerbated pre-existing wear, the loss can still be compensable.

2. Late Notice

As noted above, statute now imposes a one-year notice window for hurricane and windstorm claims. Even for other losses, policies typically require “prompt” notice. Carriers invoke late notice to claim prejudice and deny coverage. However, Florida courts place the burden on the insurer to prove it was actually prejudiced (Bankers Ins. Co. v. Macias, 475 So. 2d 1216 (Fla. 1985)).

3. Alleged Material Misrepresentation or Fraud

Section § 627.409 allows rescission when a policyholder makes a material misstatement. Insurers sometimes stretch this concept, labeling innocent estimate disputes as “fraud.” The burden of proof is on the insurer, and Florida’s Fifth District Court of Appeal (covering Seminole County) has held that misrepresentation requires intent, not simple mistake (Slominski v. Citizens, 202 So. 3d 916 (Fla. 5th DCA 2016)).

4. Improper Use of Managed Repair Programs

Some carriers push “right to repair” or “managed repair” clauses, steering homeowners to preferred vendors. Denials may follow if the homeowner opts out. Yet Florida’s Office of Insurance Regulation has warned insurers that any managed-repair program must comply with good-faith duties under § 624.155.

5. Partial Payments That Function as Hidden Denials

Issuing a small, unexplained payment without addressing major line items can be a constructive denial. If you receive less than you believe you are owed, request a written explanation. Under § 627.70131, insurers must provide detailed estimates and reasons for any partial denial.

Florida Legal Protections & Insurance Regulations

Good-Faith Claim Handling and Bad-Faith Remedies

Section § 624.155 creates a civil remedy for any insurer that fails to settle claims in good faith when it could and should do so. To invoke the statute, the insured must file a Civil Remedy Notice (CRN) with DFS, giving the carrier 60 days to cure. If the insurer fails to resolve the matter, the court may award extra-contractual damages.

DFS Mediation and Appraisal

The DFS mediation program, governed by Rule 69J-166.031, Florida Administrative Code, provides a low-cost forum to resolve disputes under $50,000. Participation is voluntary for the policyholder and mandatory for the insurer once requested. Separate from mediation, most property policies contain an appraisal clause that allows each side to hire an appraiser and, if necessary, an umpire to value the loss. While appraisal can be faster than litigation, it does not resolve coverage disputes and waives some rights to attorney’s fees. Consult a Florida attorney before invoking appraisal.

Statutory Deadlines

• 14-Day Acknowledgment Rule – § 627.70131(1)(a)

• 10-Day Inspection Rule – Insurer must begin investigation within 10 days after proof of loss (same statute).

• 90-Day Decision Rule – Payment or denial required within 90 days after notice (unless fraud or factors beyond insurer’s control).

• 5-Year Lawsuit Limitation – § 95.11(2)(b) (breach of written contract).

Attorney Licensing and Public Adjusters

Under Chapter 454, Florida Statutes, only members in good standing with The Florida Bar may practice law in Florida. Lawyers must also comply with the rules of professional conduct, including duties of loyalty and confidentiality. Public adjusters, on the other hand, are licensed by DFS under Chapter 626 and may assist with claim presentation but cannot give legal advice. If your dispute is heading toward litigation, hire a licensed florida attorney experienced in first-party property claims.

Assignment of Benefits (AOB) Restrictions

Since 2019, § 627.7152 regulates AOBs, placing caps on attorney’s fees and allowing insurers to offer “AOB-free” policies. Understanding these restrictions helps homeowners decide whether to sign repair contracts that require an AOB.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Denial in Writing

Florida law entitles you to a detailed explanation. If the carrier only gave a vague telephone denial, send a certified letter citing § 627.70131 and request the written basis, including policy provisions relied upon and any engineer or adjuster reports.

2. Gather and Preserve Evidence

• Photograph and video all damaged areas—inside and out.

• Collect receipts for temporary repairs (tarps, dehumidifiers).

• Document living-expense costs if your home is uninhabitable (hotel, meals).

• Keep a log of every call or email with the insurer, noting date, time, and representative name.

3. Obtain a Second Opinion

Consider a licensed public adjuster or independent contractor to produce a competing estimate. In Longwood, many contractors specialize in Central Florida’s unique roof-tile, shingle, and stucco systems. Make sure any expert you hire is experienced with florida insurance law and willing to testify.

4. Explore DFS Mediation

File the one-page Request for Mediation form via the Florida DFS consumer portal. Mediation sessions are typically scheduled in Orlando, less than 20 minutes from downtown Longwood, and often conclude within 90 minutes. While not binding, a successful mediation can yield immediate payment.

5. Serve a Civil Remedy Notice (CRN)

If bad faith is suspected, a CRN places strategic pressure on the carrier. File the notice online with DFS and send a copy to the insurer. The 60-day cure period creates a hard deadline for the insurer to act.

6. Review Suitability of Appraisal

If the sole issue is the amount of loss (not coverage), appraisal can be faster than court. But once you demand appraisal, you may lose leverage on attorney’s fees and discovery. Discuss the pros and cons with counsel.

7. File Suit Within the Limitation Period

Seminole County civil lawsuits are filed in the Eighteenth Judicial Circuit Court, Sanford Division. For claims under $50,000, you may opt for county court or consider the new Florida small-claims rules for disputes under $8,000. Regardless of venue, serve the insurer’s registered agent promptly to avoid dismissal for lack of prosecution.

When to Seek Legal Help in Florida

Indicators That You Need an Attorney

• The insurer alleges fraud or material misrepresentation.

• An engineer’s report contradicts your contractor’s findings.

• You face a “reservation of rights” letter, indicating potential coverage defenses.

• The carrier delays beyond statutory timeframes.

• You receive a lowball offer that does not cover code upgrades required by the Florida Building Code.

Choosing the Right Counsel

Verify Florida Bar membership through the publicly searchable directory. Look for attorneys who practice exclusively or primarily in first-party property insurance litigation. Ask about trial experience, prior settlements, and fee structures—many work on contingency, collecting only if they recover money for you.

Cost Considerations After 2022 Fee-Shifting Reforms

Because automatic fee-shifting is now limited, some lawyers charge contingency fees between 15% and 30% depending on case complexity. Others may front costs but require reimbursement if no recovery is made. Always sign a written retainer agreement compliant with Rule 4-1.5, Rules Regulating The Florida Bar.

Local Resources & Next Steps

Government and Non-Profit Agencies

Florida Department of Financial Services Consumer Services – File complaints, request mediation, or speak with insurance consumer specialists. The Florida Bar Lawyer Referral Service – Obtain contact information for qualified florida attorney in Seminole County. Seminole County Public Library – Access free legal databases such as WestlawNext at the West Branch on W. Warren Avenue, Longwood.

Community Organizations

• Longwood Citizens on Patrol (COP) – Neighborhood volunteers who often coordinate post-storm wellness checks.

Seminole County Emergency Management – Provides sandbags and disaster recovery updates. Register for alerts at PrepareSeminole.org.

Action Plan Checklist for Longwood Homeowners

• Report your loss to the insurer immediately—keep proof of submission.

• Document all damage, including hidden water intrusion behind walls.

• Review your policy’s declaration page and endorsements for coverage nuances.

• Consult a licensed public adjuster or contractor for an independent estimate.

• If denied or underpaid, file a DFS mediation request or CRN without delay.

• Contact an experienced property insurance lawyer for a free case review.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every claim is unique. You should consult a qualified Florida attorney to obtain advice regarding 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.