Lawyers for Property Insurance – Fort Lauderdale, Florida Guide

Introduction: Why This Guide Matters to Fort Lauderdale Homeowners

If you live in Fort Lauderdale, Florida, you already appreciate the region’s sunny weather, vibrant neighborhoods from Coral Ridge to Riverside Park, and easy access to the Atlantic. Yet living in Broward County also means facing unique property risks—hurricanes coming through Port Everglades, king-tide flooding in low-lying areas like Edgewood, and sudden tropical downpours that can turn quiet streets into rivers. These threats make property insurance indispensable. When disaster strikes, you count on your insurer to step up. Unfortunately, many Fort Lauderdale homeowners discover that the claim they thought would be paid swiftly is delayed, underpaid, or flat-out denied.

This comprehensive guide—written with a pro-policyholder lens—explains how Florida law protects you, why insurers deny claims, and what you can do if you receive a property insurance claim denial in Fort Lauderdale, Florida. Using only verifiable information from the Florida Statutes, the Florida Administrative Code, court decisions from Florida’s Fourth District Court of Appeal (which covers Broward County), and the Florida Department of Financial Services (DFS), we provide practical, location-specific advice to help you push back and get the benefits you purchased.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Courts Enforce It

Under Florida law, an insurance policy is a contract. If your carrier fails to honor covered losses, you can sue for breach of contract. Fla. Stat. § 95.11(2)(e) provides a five-year statute of limitations to file suit on a property insurance policy, measured from the date of breach (usually the date the insurer issues the denial or partial payment).

2. The Homeowner Claims Bill of Rights

Codified in Fla. Stat. § 627.7142, the Florida Homeowner Claims Bill of Rights gives every residential policyholder:

• The right to receive acknowledgment of a claim in 14 days.

• The right to receive a claim decision (payment, denial, or partial payment) within 90 days of filing.

• The right to receive fair treatment; insurers must handle claims promptly and in good faith under Fla. Stat. § 624.155.

• The right to free mediation through DFS under Fla. Admin. Code R. 69J-166.031 for residential property disputes up to $500,000.

3. Time Limits to Give Notice of a Loss

For hurricane and windstorm events, Fla. Stat. § 627.70132 (2023) requires policyholders to give notice within one year of the date the hurricane makes landfall. Re-opened or supplemental claims must be filed within 18 months.

4. Attorney’s Fees for Wrongful Denials

Prior to 2023, Florida law allowed policyholders who prevailed to recover attorney’s fees under Fla. Stat. § 627.428. The statute has been replaced by § 627.4281 for policies issued after 12/16/2022, limiting fee recovery to situations where the insurer totally denies coverage and the policyholder obtains a judgment. Nonetheless, for many Fort Lauderdale policies that predate the change, attorney’s fees remain recoverable—creating leverage for homeowners.

Common Reasons Property Insurance Companies Deny Claims in Florida

Understanding why insurers deny claims prepares you to counter their arguments. Below are the denial reasons most frequently seen by Fort Lauderdale homeowners in hurricane and water-damage cases:

• Late Notice – The carrier asserts you failed to report the loss within the policy’s “prompt notice” requirement or the statutory one-year deadline for hurricane claims.

• Wear and Tear Exclusion – Insurers argue that roof leaks or plumbing failures are due to age or lack of maintenance, not a covered peril.

• Water Damage Exclusion Under Flood Coverage – If your home in Victoria Park floods during king-tide season, your standard homeowners policy may classify the damage as “flood” (excluded) rather than “wind-driven rain” (covered).

• Pre-Existing Damage – Adjusters sometimes blame pre-storm roof stains or prior water marks as proof the claimed damage wasn’t caused by the recent event.

• Policy Lapse or Underpayment of Premium – If your mortgage company changed and payments were misapplied, your policy could be canceled unbeknownst to you.

While some denials are valid, many rely on ambiguous policy language or incomplete investigations. The good news: Florida courts often resolve coverage ambiguities in favor of the policyholder (State Farm v. Menendez, 70 So.3d 566, Fla. 2011).

Florida Legal Protections & Insurance Regulations

1. Good-Faith Claims Handling

Fla. Stat. § 624.155 allows policyholders to file a civil remedy notice (CRN) with DFS if the insurer acts in bad faith—e.g., failing to settle when it could and should have done so. The carrier then has 60 days to cure the violation. If it does not, you can pursue extra-contractual damages, including consequential losses and, in egregious cases, punitive damages.

2. DFS Mediation and Neutral Evaluation Programs

The Florida Department of Financial Services administers a free residential property mediation program (Fla. Admin. Code 69J-166.031) and a neutral evaluation program for sinkhole claims (Fla. Stat. § 627.7074).

3. Assignment of Benefits (AOB) Restrictions

Florida’s 2019 AOB law (Fla. Stat. § 627.7152) limits contractors’ ability to sue insurers directly, protecting homeowners from inflated invoices but also limiting strategic tools. Understanding the law helps policyholders decide whether to sign an AOB after a loss.

4. Attorney Licensing and Ethical Duties

Only attorneys licensed by The Florida Bar under Rules Regulating The Florida Bar, Ch. 1–3, may provide legal advice on Florida insurance disputes. Out-of-state lawyers must seek pro hac vice admission in Broward County Circuit Court under R. Reg. Fla. Bar 1-3.12.

5. Fraud Deterrence and the Special Investigations Unit (SIU)

Under Fla. Stat. § 626.9891, insurers must maintain SIUs to detect fraud. While genuine fraud reduction is positive, policyholders in Fort Lauderdale have reported SIU interviews used to delay legitimate claims. Preparation and truthful documentation are key.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Review the Denial Letter Carefully

Under Fla. Stat. § 627.70131, the denial must cite specific policy provisions. Compare the cited language with your full policy.

Step 2: Gather Evidence

• Pre-loss photos and videos of your Rio Vista home.

• Weather data from the National Hurricane Center confirming wind speeds in Fort Lauderdale on the date of loss.

• Independent contractor or engineer reports.

Step 3: Request a Certified Copy of Your Policy

You are entitled to one free copy under Fla. Stat. § 627.4137.

Step 4: File a Written Reconsideration or Supplemental Claim

Include new evidence and a line-item estimate prepared by a licensed public adjuster.

Step 5: Consider DFS Mediation

You can request mediation within 60 days of the denial online through the DFS Consumer Services Portal.

Step 6: Preserve the Statute of Limitations

If the insurer refuses to budge, filing suit in Broward County Circuit Court stops the five-year clock. Suits under $50,000 may be filed in county court; larger claims go to the circuit division.

When to Seek Legal Help in Florida

Many Fort Lauderdale homeowners start the claims process alone, but certain triggers suggest it’s time to hire a Florida attorney focused on insurance law:

• Your claim is denied or payment is far below independent estimates.

• The insurer invokes an Examination Under Oath (EUO) or demands voluminous documents.

• A Statutory Civil Remedy Notice may be warranted.

• The claim value is high (roof replacement, full interior build-back, or total loss).

• You face tight statutory deadlines (hurricane claims, supplemental claims under 18 months).

Hiring counsel levels the playing field. Insurers retain experienced defense firms in Miami and Fort Lauderdale; you deserve equal firepower.

Local Resources & Next Steps

Broward County Building and Permitting Records

Permitting records can confirm when roofs or plumbing were last replaced, rebutting “wear and tear” arguments. Search online or visit the county Records, Taxes & Treasury Division on Andrews Avenue.

Fort Lauderdale Flood Maps and CRS Discounts

The City of Fort Lauderdale participates in FEMA’s Community Rating System (CRS). CRS class 5 yields 25% premium discounts on NFIP policies, evidence your neighborhood’s mitigation measures and city building codes.

Non-Profit & Government Support

Florida Department of Financial Services Consumer Helpline – 1-877-693-5236. The Florida Bar Consumer Resources. Florida Courts Self-Help Guides.

Use these resources to document your loss, better understand Florida insurance law, and prepare for mediation or litigation.

Legal Disclaimer

Disclaimer: This guide provides general information about Florida property insurance claims and is not legal advice. Laws change, and each case is unique. Consult a licensed Florida attorney before acting on any information herein.

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