Lawyers for Insurance Property Insurance DeFuniak Springs FL

Introduction: Why DeFuniak Springs Homeowners Need This Guide

Nestled around Lake DeFuniak and serving as the seat of Walton County, DeFuniak Springs, Florida regularly experiences the very weather events—hurricanes churning in the Gulf, severe afternoon thunderstorms, and the occasional tornado—that make property insurance indispensable. Unfortunately, many DeFuniak Springs homeowners first discover how complicated Florida insurance law can be only after receiving a claim denial or partial payment that barely covers their damages. This guide was created for defuniak springs homeowners who want to understand their rights under Florida insurance law and push back when their carrier underpays or rejects a legitimate claim. Every statute, regulation, and court rule referenced below comes from authoritative sources, so you can rely on it when you challenge a property insurance claim denial defuniak springs florida.

The goal is simple: empower you to gather evidence, meet every statutory deadline, and—when necessary—partner with a Florida attorney who focuses on insurance disputes. While the information here applies statewide, we highlight nuances that matter to residents of Walton County, such as local permitting offices, typical roof ages, and county-specific disaster resources.

Understanding Your Property Insurance Rights in Florida

Key Rights Embedded in Florida Statutes

Florida law grants policyholders a bundle of rights that insurers must honor. The most important include:

Prompt claim acknowledgement & investigation – Under Fla. Stat. §627.70131, the insurer must acknowledge your notice of loss within 14 days and begin investigating “as reasonably necessary.”

• 90-day coverage decision – The same statute gives carriers 90 days to pay, deny, or partially pay a claim in writing. If they miss the deadline, they risk owing interest.

• Right to a detailed denial letter – Any denial must cite specific policy language and facts supporting the decision.

• Right to attorney’s fees when you win – If you sue and recover any additional amount, older versions of Fla. Stat. §627.428 made the insurer pay your reasonable fees. Recent reforms adjusted the calculation but did not eliminate the possibility of fee-shifting in bad-faith suits (see Fla. Stat. §624.155).

Timelines Matter

Florida imposes multiple, separate deadlines you must track:

Notice of Loss – Generally within two years of the date of loss for new claims and within one year for supplemental or reopened claims. See Fla. Stat. §627.70132.

• Statute of Limitations to Sue – Five years from the breach of a written contract under Fla. Stat. §95.11(2)(b). The breach typically occurs when the insurer denies, underpays, or otherwise fails to comply with the policy.

Missing either deadline can extinguish your claim entirely, so document the date of loss and the date of any insurer correspondence.

Policyholder Bill of Rights

The Florida Department of Financial Services (DFS) publishes a consumer-oriented Bill of Rights summarizing many of these protections. You can review it at the DFS Consumer Portal: Florida DFS Consumer Resources.

Common Reasons Property Insurance Companies Deny Claims in Florida

Although every policy—and every carrier—uses its own language, several patterns appear in the denial letters reviewed by DeFuniak Springs policyholder lawyers.

1. Alleged Late Notice

Insurers frequently state a claim was reported outside the statutory two-year window or outside shorter policy-imposed deadlines. Track your loss date and retain the certified-mail receipt or electronic submission confirmation showing timely notice.

2. Pre-Existing Damage or Wear and Tear

Roof claims, especially, may be rejected on grounds that shingles were “deteriorated” before the storm. Yet Florida’s appellate courts have made clear that if a sudden event exacerbates existing wear, the new damage can be covered. Photos, drone footage, and maintenance records help prove the difference.

3. Improperly Performed Repairs

Sometimes carriers allege that a homeowner’s temporary repairs worsened the damage. Florida law recognizes a duty to mitigate losses—but only to a “reasonable” extent. Document all repairs and keep receipts.

4. Water Damage Exclusions and Anti-Concurrent Causation Clauses

Policies may exclude water entering through a damaged roof unless the opening results from a covered peril. Understanding how anti-concurrent causation clauses operate under Florida precedent (e.g., Sebastian v. State Farm, Fla. 5th DCA) can be critical.

5. Fraud Allegations

An insurer may void a policy if it believes material misrepresentations were made. Always provide accurate, consistent information and keep a paper trail.

Florida Legal Protections & Insurance Regulations

Department of Financial Services Oversight

The Florida DFS regulates adjuster licensing and consumer complaints. If you file a “Request for Assistance,” DFS can compel the carrier to respond within 20 days. While DFS cannot award money damages, its investigative file may support a later lawsuit.

Civil Remedy Notice (CRN)

Under Fla. Stat. §624.155, policyholders must file a CRN giving the insurer 60 days to cure alleged bad faith. Many Florida attorney firms will draft a CRN citing specific statutory violations, such as failing to settle when liability is clear.

Appraisal Versus Litigation

• Appraisal – A contractual dispute-resolution process where each side hires an appraiser, and the two appraisers pick an umpire. Walton County courts generally enforce appraisal clauses if invoked timely.

• Litigation – If appraisal is unavailable or fails, suit is filed in the Walton County Circuit Court (First Judicial Circuit) or, for amounts under $50,000, county court. Removal to federal court is possible if diversity jurisdiction exists.

Attorney Licensing Rules

To represent you in a Florida court, the lawyer must be admitted to The Florida Bar and in good standing pursuant to Florida Bar Rule 1-3.2. Out-of-state counsel can appear only via pro hac vice with a Florida co-counsel.

Steps to Take After a Property Insurance Claim Denial in Florida

• Read the Denial Carefully Note every policy provision cited. Carriers must specify reasons under Fla. Stat. §627.70131(7)(a).

• Gather & Preserve Evidence Photograph all damage, keep moisture-meter readings, and secure contractor estimates. In Walton County, local roofers familiar with the Florida Building Code can supply affidavits that the damage was storm-related.

• Request the Adjuster’s Full File Florida Administrative Code 69O-166.031 allows policyholders to request certain claim-related documents once litigation is “reasonably anticipated.”

• Consider a Re-Inspection Ask for a second adjuster or bring your own public adjuster licensed under Fla. Stat. §626.854. Public adjusters often work on contingency fees capped at 20% (10% during a declared emergency).

• File a DFS Consumer Complaint Submit online with supporting photos; DFS contact information is printed on every Florida homeowners policy.

• Send a Formal Demand or Proof of Loss Most policies require a sworn proof of loss within 60 days of the insurer’s request. Missing this step can forfeit rights.

• Evaluate Appraisal If the policy contains an appraisal clause, decide whether to demand it. Some lawyers prefer appraisal for scope/amount disputes and litigation for coverage disputes.

• Consult a Lawyer Schedule a free consultation to learn whether a CRN, appraisal, or lawsuit is appropriate. Many lawyers for insurance work on contingency—meaning no attorney fee unless money is recovered.

When to Seek Legal Help in Florida

While some claims resolve after supplemental documentation, others require formal representation. Consider hiring counsel when:

• The insurer alleges fraud and threatens policy rescission.

• Coverage hinges on complex exclusions like anti-concurrent causation or earth movement clauses.

• Delay exceeds 90 days with no payment or denial.

• Repair estimates differ by more than 25% between your contractor and the insurer.

• Statutory deadlines are near: the two-year notice of loss or five-year lawsuit filing period.

Florida attorneys typically begin by issuing a CRN, then filing suit in Walton County Circuit Court. Under amended Fla. Stat. §86.121, prevailing policyholders in declaratory judgment actions may still recover attorney’s fees under specific circumstances, making litigation economically feasible.

Local Resources & Next Steps

Walton County & DeFuniak Springs Contacts

• Walton County Building Department – 842 State Hwy 20 E, Freeport, FL 32439. Permitting records help prove date of prior roof work.

• Walton County Clerk of Courts – 571 US-90 East, DeFuniak Springs, FL 32433. Search docket records for similar lawsuits against your carrier.

• Walton County Emergency Management – Publishes disaster declarations that can toll certain deadlines.

Statewide Agencies

Florida Department of Financial Services Consumer Help Florida Statutes Online

Next Steps Checklist

• Mark the date of loss and the date you reported it.

• Collect denial letters, photos, and receipts in a single digital folder.

• File a DFS consumer complaint for leverage.

• Call at least one Florida attorney specializing in property claims to review your timeline.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and your facts may differ. Consult a licensed Florida attorney before taking action.

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