Lawyers for Insurance: Property Insurance Riviera Beach FL

Introduction: Why Riviera Beach Homeowners Need This Guide

Riviera Beach, Florida is blessed with clear blue water, year-round boating weather, and a vibrant coastal community. Yet owning a home here also means facing windstorms off the Atlantic, tropical downpours, and the occasional named hurricane. Those realities make property insurance essential. Unfortunately, many Riviera Beach homeowners discover the hard way that filing a claim and getting paid fairly are two very different things. From delayed inspections to outright denials, insurers often use complex policy language and Florida’s fast-changing statutes to minimize payouts. This guide—written with a slight but unapologetic bias toward protecting policyholders—explains how property insurance claim denial Riviera Beach Florida situations arise, what the law actually says, and when a Florida attorney can help.

Every paragraph is grounded in authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts. We avoid speculation and stick to verifiable facts so you can make decisions with confidence. Whether you live near Singer Island, the Port of Palm Beach, or inland off Military Trail, the information below applies across Riviera Beach and the rest of Palm Beach County.

Understanding Your Property Insurance Rights in Florida

Florida’s Insurance Contract Is a Two-Way Street

Under Florida law, an insurance policy is a binding contract. As a homeowner, you pay premiums in exchange for the insurer’s promise to cover losses outlined in the policy. Your key rights include:

• The right to prompt decision-making. Florida Statute §627.70131 requires an insurer to pay or deny a residential property claim within 90 days after receiving notice of the claim.

• The right to fair dealing. The common-law doctrine of “good faith and fair dealing,” recognized by Florida courts, prohibits insurers from frustrating your right to receive the benefits of the policy.

The right to information. You are entitled to a free copy of your policy and to clear explanations of coverage decisions. DFS also publishes the Florida Department of Financial Services Homeowner Claims Bill of Rights, summarizing what insurers must do after you file.

• The right to dispute. If you disagree with an adjuster’s findings, you may invoke appraisal, mediation, or file a civil action, subject to the statute of limitations discussed below.

Statute of Limitations: How Long Do You Have?

For most property insurance lawsuits in Florida, you have five years from the date the insurer breaches the policy to file suit, per Florida Statute §95.11(2)(e). The clock usually starts when the carrier denies some or all of your claim. However, separate deadlines apply for notice of claim (generally one year for hurricane losses under §627.70132) and for supplemental claims (18 months). Track each date carefully or risk losing your rights.

Obligations You Must Meet

• Provide prompt notice of the loss—"prompt" is not defined in the statute but courts often look at reasonableness under the circumstances.

• Protect the property from further damage, such as tarping a roof.

• Document the loss with photos, receipts, and repair estimates.

• Submit a sworn proof of loss if requested.

• Make the property available for inspection.

If you satisfy those duties, you strengthen any future legal challenge to a denial.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers may cite dozens of reasons for refusing payment, but the following are the most frequent in Palm Beach County and statewide:

• Late notice. Carriers argue that waiting even a few weeks prevented them from investigating. Florida courts evaluate prejudice to the insurer, but late notice is still a favorite defense.

• Wear and tear exclusion. The policy covers sudden and accidental losses—insurers often re-label storm damage as long-term deterioration.

• Water damage exclusions. Many policies exclude water that enters "through walls," sewer backups, or repeated leakage lasting more than 14 days.

• Misrepresentation. If you misstated square footage or failed to disclose prior roof leaks when you applied, the company may rescind the policy.

• Failure to comply with post-loss obligations. Missing an examination under oath or refusing to produce receipts can be used against you.

• Managed repair program disputes. Some insurers require you to use their contractors; refusal can trigger partial denial.

Understanding these tactics equips Riviera Beach homeowners to push back with documentation and, if needed, legal counsel.

Florida Legal Protections & Insurance Regulations

Key Statutes That Protect Policyholders

§627.70131 – 90-day rule for payment or denial and mandatory interest on overdue claims.

• §627.428 – Awards reasonable attorney’s fees to policyholders who prevail in court (now modified by 2022 legislation but still applies to older claims).

• §624.155 – Creates a cause of action for bad-faith handling of claims, potentially allowing extra-contractual damages.

• §626.9541 – Defines unfair claim settlement practices, including misrepresentation and failing to acknowledge communications within 14 days.

The Role of the Florida Department of Financial Services (DFS)

DFS regulates adjusters, oversees the mediation program, and investigates consumer complaints. Riviera Beach residents can file an online complaint or call the DFS Consumer Helpline (1-877-693-5236). DFS mediation is non-binding, but insurers must attend and it can lead to quick settlements without litigation fees.

The Florida Bar and Attorney Licensing

Any Florida attorney representing you in a property insurance dispute must be an active member in good standing with The Florida Bar and comply with the Rules Regulating The Florida Bar. Contingency fee agreements for property claims must follow Rule 4-1.5 and be in writing, spelling out the percentage the lawyer will earn only if you recover money.

Steps to Take After a Property Insurance Claim Denial in Florida

Do not panic if you receive a denial letter. Follow these steps to protect your rights and improve your odds of a fair outcome:

• Review the denial letter line by line. Identify which policy provisions the insurer relies on. Many letters cite exclusions incorrectly or omit key pages.

• Request the entire claim file in writing. Florida law does not force insurers to give you everything, but many will provide adjuster notes, photos, and engineering reports once asked.

• Gather independent evidence. Hire a licensed, reputable public adjuster or contractor to inspect the damage. Their estimate often highlights items the insurance adjuster missed.

• Consider DFS mediation. Submit the request online. The process is free for homeowners, and insurers must split the mediator’s fee.

• Send a statutory notice of intent (NOI) to initiate litigation. Under recent changes to §627.70152, you must give the insurer 10 business days’ notice before filing suit and include a signed good-faith estimate of damages.

• Track all deadlines. Mark the five-year suit deadline under §95.11(2)(e) plus any shorter notice deadlines for hurricane claims.

• Consult legal counsel early. A lawyer can draft the NOI, preserve evidence, and prevent procedural missteps.

When to Seek Legal Help in Florida

While some minor disputes resolve through mediation, many denials require professional advocacy. Consider retaining counsel when:

• The insurer accuses you of fraud or intentional misrepresentation.

• Engineering reports appear biased or ignore obvious storm-related openings.

• The repair estimate is far below market rates in Palm Beach County.

• You face complicated concurrent causation issues (e.g., pre-existing wear vs. hurricane damage).

• You need to file a bad-faith action under §624.155.

An experienced lawyer can leverage statutory fee-shifting provisions, draft airtight pleadings, and, if necessary, take the matter to a Palm Beach County Circuit Court jury.

Local Resources & Next Steps

Government and Non-Profit Assistance

• DFS Mediation: File online or call 1-877-693-5236.

• Palm Beach County Property Appraiser: Obtain historical property records useful for proving pre-loss condition.

• Legal Aid Society of Palm Beach County: Offers limited assistance for low-income homeowners.

Hiring the Right Professionals

• Licensed Public Adjusters: Must be licensed under Florida Administrative Code Rule 69B-220.201; verify licensing status on the DFS website.

• General Contractors: Check county permits and Better Business Bureau ratings; unlicensed contracting is a felony in Florida during a state of emergency.

• Engineers: Look for certification with the Florida Board of Professional Engineers.

Checklist for Riviera Beach Homeowners

• Photograph and video every area of damage immediately after loss.

• Retain copies of all correspondence (emails, letters, claim numbers).

• Log phone calls with dates, times, and the adjuster’s name.

• Store receipts for temporary repairs and additional living expenses.

• Mark your calendar with the 90-day decision deadline and the five-year suit deadline.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and each case is unique. Consult a licensed Florida attorney regarding your specific situation.

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