Lawyers for Property Insurance Claims: Longwood, Florida Guide

Introduction: Why Longwood Homeowners Need This Guide

Longwood, Florida is no stranger to the subtropical storms, afternoon lightning strikes, and occasional hurricane-force winds that make Central Florida living both beautiful and risky. Seminole County’s tree-lined neighborhoods—stretching from historic downtown Longwood to the communities near Wekiva Springs—experience everything from roof-damaging hail to sudden plumbing leaks that flood interiors. When disaster strikes, Longwood homeowners count on their property insurance carriers to pay claims promptly and fairly. Unfortunately, many find themselves facing property insurance claim denial longwood florida or severe underpayment just when they need help most.

This 2,500-plus-word guide—written with a slight bias toward protecting policyholders—explains Florida-specific rights, deadlines, and legal options for Longwood residents. Drawing exclusively on authoritative sources such as the Florida Department of Financial Services (DFS), Florida Statutes, and published Florida court opinions, it equips you to push back against unfair insurance practices and, when necessary, enlist a qualified florida attorney to fight for your home.

Understanding Your Property Insurance Rights in Florida

1. The Homeowner Bill of Rights

Florida Statutes § 627.7142 codifies the Homeowner Claim Bill of Rights. When you report a claim to your insurer, the carrier must provide this notice within 14 days. Key protections include:

• Prompt acknowledgment: The insurer must acknowledge your claim within 14 days after you notify them (Fla. Stat. § 627.70131).

• Timely decision: A coverage decision must be made within 90 days unless certain exceptions apply.

• Right to mediation: You may request free DFS-managed mediation to resolve disputes under Fla. Stat. § 627.7015.

2. Statute of Limitations for Property Insurance Lawsuits

Effective July 1, 2021, Fla. Stat. § 95.11(14) establishes a two-year statute of limitations for first-party property insurance actions. This means a lawsuit challenging denial or underpayment generally must be filed within two years of the date of loss. A separate one-year deadline applies to reopen a claim for supplemental payments. Missing these windows can bar recovery entirely, so track dates carefully.

3. Duty of Good Faith and Fair Dealing

Under longstanding Florida law (see Boston Old Colony Ins. Co. v. Gutierrez, 386 So. 2d 783 (Fla. 1980)), insurers owe policyholders a duty to act in good faith. An unreasonable denial can support a statutory bad-faith action under Fla. Stat. § 624.155 after certain prerequisites are met (such as filing a Civil Remedy Notice with DFS).

4. Public Adjusters and Assignment of Benefits (AOB)

Florida allows homeowners to hire licensed public adjusters to estimate damage. If you sign an Assignment of Benefits giving a contractor rights to pursue your claim directly, Fla. Stat. § 627.7152 imposes strict notice requirements and fee limits intended to curb abuse. Always read AOB contracts and consider legal advice before signing.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers have legitimate defenses, yet denials often rest on ambiguous or contested grounds. The following refusal reasons appear frequently in Seminole County claim files reviewed by seasoned Longwood homeowners’ counsel:

Pre-Existing or Long-Term Damage Insurers may assert that roof leaks or interior moisture resulted from long-term wear and tear, rather than a recent wind event. Florida courts, however, have required carriers to pay the portion of damage attributable to a covered peril even if some pre-existing deterioration exists. Late Notice of Claim Prior to 2021 reforms, carriers argued that any notice beyond two years was per se late. The new statute clarifies a one-year deadline to report hurricane losses (Fla. Stat. § 627.70132), but non-hurricane claims must still be reported “promptly.” Timeliness depends on evidence; do not accept a boilerplate denial without analysis. Alleged Material Misrepresentation If an insurer believes you inflated damage or misstated facts, it may void the policy. Florida cases require proof of intentional misrepresentation that is material and relied upon by the insurer (Universal Prop. & Cas. Ins. Co. v. Johnson, 114 So. 3d 1031 (Fla. 4th DCA 2013)). Honest mistakes rarely justify voiding coverage. Excluded Perils Policies often exclude flood, earth movement, or mold unless resulting from a covered peril. Yet if wind damaged your roof, allowing rainwater intrusion, resulting mold may still be covered. Review policy language and Florida’s Concurrent Causation Doctrine. Failure to Mitigate Most policies require reasonable steps—such as tarping a roof—to prevent further damage. Keep receipts and photos of mitigation efforts; courts routinely reject denials where homeowners acted reasonably but could not halt every leak.

Florida Legal Protections & Insurance Regulations

1. The Florida Department of Financial Services (DFS)

DFS regulates adjuster licensing, oversees mediation, and accepts consumer complaints. You can file online or call the Consumer Helpline at 1-877-693-5236. DFS cannot force payment but can pressure carriers to resolve disputes.

2. Right to Appraisal

Many property policies include an appraisal clause. When triggered, each side hires an appraiser, and an umpire helps resolve differences. Appraisal determines the amount of loss—not coverage—so it is often useful when price, not cause, is disputed.

3. Senate Bill 2-A (2022 Special Session)

The 2022 reforms changed attorney-fee multipliers and reduced one-way fee statutes. While these measures favored insurers, policyholders still recover reasonable fees when they obtain any judgment greater than the insurer’s pre-suit offer (Fla. Stat. § 627.428 remains applicable to older losses). A knowledgeable florida attorney can navigate which version of the statute applies to your Longwood claim.

4. Florida Administrative Code 69J-166.031

This regulation governs DFS-sponsored mediation. Insurers must pay the mediator’s fee; homeowners owe nothing if they attend. Mediation is non-binding, so you retain the right to sue.

5. Attorney Licensing Rules

Only members in good standing with The Florida Bar may give legal advice on Florida insurance disputes. Verify any lawyer’s status on the Bar’s website before signing representation agreements.

Steps to Take After a Property Insurance Claim Denial in Florida

Request the Denial in Writing Florida law already requires a written explanation (Fla. Stat. § 626.9541(1)(i)3.f). If you only received a phone call, ask for documentation. Gather Evidence Photograph every damaged area. Preserve contractor estimates, tarping invoices, and receipts for temporary repairs. Keep a claim diary noting each call with the adjuster. Order a Certified Policy Copy Under Fla. Stat. § 627.4137, your insurer must provide a certified copy upon request. Having the full policy—including endorsements and exclusions—is vital to challenge denial. Consult Qualified Experts A licensed public adjuster or engineer can draft an independent damage report. Choose professionals with Central Florida experience—especially with Seminole County building codes. File a Notice of Intent (NOI) For claims arising after December 2022, SB 2-A requires an NOI at least ten business days before filing suit. The NOI must include an estimate of damages and supporting documents. Explore DFS Mediation Submit a mediation request through the DFS online portal. If the carrier refuses or mediation fails, you have preserved a record of good-faith efforts. Evaluate Appraisal vs. Litigation If coverage is admitted but the dollar amount lags, appraisal may resolve the dispute quickly. When coverage itself is denied, litigation (and potentially bad-faith claims) may be necessary.

When to Seek Legal Help in Florida

While many Longwood homeowners start with DIY negotiations, certain red flags warrant immediate counsel:

• Total denial with vague reasoning

• Allegations of fraud or misrepresentation

• Carrier delays beyond statutory deadlines

• Large losses nearing the two-year suit limitation

• Multiple experts hired by the insurer contradict your evidence

A seasoned property insurance lawyer can:

• Issue a Civil Remedy Notice to unlock bad-faith damages.

• Depose insurer adjusters and engineers under oath.

• Litigate in Seminole County Circuit Court or federal court, if diversity jurisdiction applies.

• Seek attorney fees and costs, shifting the burden to the carrier when authorized by statute.

Local Resources & Next Steps

1. Government & Non-Profit Assistance

Florida Department of Financial Services Consumer Services Florida Office of Insurance Regulation (OIR) Florida Bar Lawyer Referral Service

• Seminole County Community Services Department—may offer emergency housing grants after disasters

2. Local Building & Permit Offices

For roof or structural repairs, obtain permits through the City of Longwood Building Division at 174 W. Church Ave. Proper permitting prevents insurer arguments over unlicensed work.

3. Choosing a Longwood-Area Lawyer

Look for firms focused on insurance disputes, not general practice. Verify case results, client reviews, and willingness to work on contingency. Under Florida law, contingency agreements must be in writing and comply with Rule 4-1.5 of the Rules Regulating The Florida Bar.

4. Stay Organized

• Create digital backups of every claim document.

• Set calendar reminders: mediation dates, NOI deadlines, statute of limitations.

• Communicate in writing whenever possible, preserving a paper trail.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and your facts are unique. Always consult a licensed Florida attorney before acting on any insurance matter.

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