Lawyers for Insurance & Property Insurance – Lauderdale-by-the-Sea, Florida

Introduction: Storm-Tested, Ocean-Side — Why Lauderdale-by-the-Sea Homeowners Need to Know Their Rights

Living in Lauderdale-by-the-Sea means enjoying turquoise water, a walkable pier, and salty breezes that roll in from the Atlantic. It also means living with the reality of hurricanes, tropical storms, king-tide flooding, and the corrosive effects of salt air on roofs, windows, and electrical systems. Most Lauderdale-by-the-Sea homeowners diligently pay premiums for property insurance to guard against these coastal risks. Yet when a disaster strikes, many policyholders discover that actually collecting on a claim can feel like navigating a rip current of exclusions, delays, and outright denials.

This guide is written from a slight but unapologetic bias in favor of property owners and policyholders. Florida law grants robust consumer protections, and understanding those rules is the first step toward leveling the playing field when facing a property insurance claim denial in Lauderdale-by-the-Sea, Florida. Below you’ll learn what the Florida Statutes really say, common insurer tactics, practical steps after a denial, and when to call experienced lawyers for insurance claims.

Understanding Your Property Insurance Rights in Florida

1. The Right to an Accurate & Timely Claim Decision

Under Florida’s Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142), insurers must:

• Acknowledge your claim within 14 days of notice.

• Pay or deny the claim (in whole or part) within 60 days after receiving proof-of-loss statements.

• Provide a reasonable explanation, in writing, if they deny, partially deny, or offer a compromised settlement.

2. The Right to File a Claim Within Statutory Deadlines

In 2022 the Florida Legislature amended Fla. Stat. § 627.70132. As of January 1, 2023, homeowners have:

• 1 year from the date of loss to file an initial claim.

• 18 months from the date of loss to file a supplemental or reopened claim.

Missing these deadlines can give your insurer a valid ground for denial, so file early—even if you do not yet know the full scope of damage.

3. The Right to Fair Settlement Practices

Florida’s Unfair Insurance Trade Practices Act (Fla. Stat. § 626.9541) prohibits insurers from:

• Misrepresenting policy facts or provisions.

• Failing to acknowledge communications regarding claims.

• Denying claims without conducting reasonable investigations.

• Failing to promptly provide a reasonable explanation in writing for denial.

If an insurer violates these rules, you may file a civil remedy notice with the Florida Department of Financial Services (DFS) as a prerequisite to a bad-faith lawsuit.

4. The Right to Hire Representation

Florida law allows you to hire a public adjuster (licensed under Fla. Stat. § 626.854) or a Florida attorney (licensed under the Florida Bar Rules of Professional Conduct) to negotiate or litigate on your behalf. Contingency-fee agreements for property damage cases are common and must be in writing.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice of Claim

As discussed, the statutory window to report a claim is now one year. Insurers frequently cite late notice even when you notified them within that period, arguing that the delay prejudiced their investigation. Keep written proof of when you first spotted damage and the date you reported it.

2. Pre-Existing or Wear-and-Tear Damage

Especially in coastal Broward County, insurers often attribute roof leaks or stucco cracks to normal aging and salt air corrosion. Florida case law, including Johnson v. Nationwide, 828 So.2d 1021 (Fla. 2002), requires insurers to pay for “matching” undamaged materials when covered damage occurs, undermining the “wear-and-tear” defense.

3. Water Damage Exclusions

Policies may exclude flooding from rising water or require separate NFIP coverage. They may also cap mold remediation at $10,000. Review exclusions carefully; some water damage from sudden pipe bursts is covered even if groundwater flooding is not.

4. Failure to Mitigate

Homeowners must take reasonable steps—like tarping a roof—to prevent further damage. Insurers sometimes exaggerate this duty, denying claims when homeowners could not safely mitigate during hurricane conditions. Document every mitigation effort.

5. Alleged Material Misrepresentation

If the insurer believes you misstated the date of loss, cause, or extent of damage, it may deny coverage under the policy’s fraud provision. Even innocent mistakes can trigger scrutiny, so provide accurate, consistent information.

Florida Legal Protections & Insurance Regulations

1. Statute of Limitations for Lawsuits

While the deadline to file a claim is one year, the deadline to sue an insurer for breach of contract is generally five years from the date of breach under Fla. Stat. § 95.11(2)(e). If the insurer denies a claim on July 1 2024, you typically have until July 1 2029 to file suit.

2. Notice & Opportunity to Cure (Civil Remedy Notice)

Before initiating a bad-faith action under Fla. Stat. § 624.155, you must file a Civil Remedy Notice (CRN) with DFS and give the insurer 60 days to cure the violation. Failure to respond timely can expose the insurer to extra-contractual damages.

3. One-Way Attorney’s Fee Statute (Limited)

Historically, Fla. Stat. § 627.428 required insurers to pay policyholder attorneys’ fees when the homeowner prevailed. Reforms in 2022 curtailed some of these provisions, but fees may still be recoverable in certain circumstances, including bad-faith actions brought under § 624.155.

4. Assignment of Benefits (AOB) Restrictions

As of 2019 reforms (Fla. Stat. § 627.7152), contractors who receive an AOB must follow strict notice rules and may have their fee rights limited. Homeowners retain the option to assign benefits but should review any AOB carefully to avoid losing control of the claim.

5. DFS Mediation Program

The Florida Department of Financial Services offers free, nonbinding mediation for residential property disputes under Fla. Admin. Code 69J-166.031. Either the policyholder or insurer can request mediation once the claim is partially or fully denied.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Review the Denial Letter Line-by-Line

Insurers must cite specific policy provisions for denial. Highlight each clause referenced and pull the corresponding section of your policy for comparison.

Step 2: Gather Evidence & Independent Estimates

• Photographs of the damage at multiple stages.

• Receipts for emergency repairs or mitigation.

• Independent contractor or public adjuster estimates.

• Weather reports (NOAA) for the date of loss.

Step 3: File a Supplemental Claim or Reconsideration Request

Under Fla. Stat. § 627.70132, supplemental claims must be filed within 18 months. Provide new evidence with your request.

Step 4: Open a Complaint with DFS

Use the online consumer portal to file a “Request for Assistance.” DFS will ask the insurer to respond within 20 days. This often accelerates stalled negotiations.

Step 5: Consider DFS Mediation

Mediation can resolve disputes quickly without litigation costs. If agreement is reached, the insurer must issue payment within 10 days.

Step 6: Consult a Florida Attorney

If denial persists, schedule a consultation with a licensed Florida attorney experienced in property insurance disputes. Most offer free case evaluations and work on contingency.

When to Seek Legal Help in Florida

1. Complex or High-Dollar Losses

Windstorm, fire, or water losses exceeding $25,000 often trigger heightened insurer scrutiny. Legal counsel can coordinate experts, engineers, and forensic accountants.

2. Suspected Bad Faith

Red flags include repeated request for already-delivered documents, lowball offers without justification, or claim closures without response. An attorney can file a CRN and preserve a bad-faith cause of action.

3. Denial Based on Policy Exclusions

Exclusion interpretation can hinge on a single word. Florida courts apply the doctrine of contra proferentem, meaning ambiguous terms are construed in favor of the insured. Legal arguments here can flip a denial into payment.

Local Resources & Next Steps

1. Broward County Records & Permitting

If your insurer claims damage is “pre-existing,” obtain permit histories and inspection records from Broward County ePermits to show recent upgrades.

2. Lauderdale-by-the-Sea Building Department

Located at 4501 N. Ocean Drive, the department can provide elevation certificates, helpful when flood damage is disputed.

3. Florida DFS Consumer Services

Phone: 1-877-693-5236 • Online: DFS Consumer Portal

4. Additional Authoritative Resources

Fla. Stat. § 627.70132 – Notice of Property Insurance Claims Florida Bar – Consumer Guide to Hiring a Lawyer Florida Office of Insurance Regulation

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and their application depends on specific facts. 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.