Lawyers for Property Insurance: Plantation, Florida Rights Guide

Introduction: Plantation Homeowners & Storm-Season Realities

Plantation, Florida may be known for its lush Jacaranda trees and family-friendly neighborhoods like Plantation Acres and Jacaranda Lakes, but Broward County’s western suburbs are not immune to Florida’s extreme weather. From the historic rainfall of April 2023 that flooded Broward County streets to the steady summer lightning strikes that pepper Central Broward, Plantation homeowners routinely file property insurance claims for roof damage, water intrusion, wind uplift, mold, and even fire losses sparked by power surges. Unfortunately, many of those claims are delayed, underpaid, or flatly denied. If you are reading this guide, you—or someone you care about—may already be confronting a property insurance claim denial plantation florida.

This comprehensive, Florida-specific guide was created with a slight bias toward protecting policyholders because the law already affords insurers powerful tools. You will learn:

• What rights Florida statutes give you as a policyholder.

• Why insurers most commonly deny or underpay claims in Florida.

• Key deadlines, including the statute of limitations for suing your carrier.

• Step-by-step actions to take after a denial that preserve your legal leverage.

• When, why, and how to hire a Florida attorney focused on property insurance law.

• Local Plantation and Broward County resources that can help.

All legal references come from authoritative sources such as the Florida Department of Financial Services, Florida Statutes, and published opinions of Florida appellate courts. The goal is straightforward: empower Plantation homeowners to fight for every dollar their policy promises.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Binding Contract

Your homeowners policy is a contract governed by Florida contract law and ch. 627, Florida Statutes. If the policy language is ambiguous, Florida courts generally interpret it in favor of coverage (see Florida Residential Prop. & Cas. Joint Underwriting Ass’n v. Kron, 721 So. 2d 825, Fla. 3d DCA 1998). That pro-insured rule is an important shield.

2. The Homeowner Claim Bill of Rights (Fla. Stat. § 627.7142)

Enacted in 2014, the Florida Homeowner Claim Bill of Rights requires insurers to:

• Acknowledge your claim within 14 days.

• Confirm coverage decision in writing within 30 days after you submit a proof of loss—if requested in writing.

• Pay undisputed benefits or provide written denial within 90 days.

If these deadlines are missed, interest on overdue payments can accrue under Fla. Stat. § 627.70131.

3. Statute of Limitations to Sue

For property insurance actions arising from losses on or after July 1, 2021, Fla. Stat. § 95.11(2)(e) gives you two years from the date of loss to file a lawsuit. A supplemental claim must be filed within 18 months. Missing these deadlines can destroy your claim, so track them carefully.

4. Right to Attorney’s Fees

Florida’s one-way attorney fee statute, Fla. Stat. § 627.428, historically required insurers to pay the homeowner’s reasonable attorney’s fees if the homeowner prevailed. Although 2022 reforms modified this right for certain policies, it still applies to many pre-reform claims and forces insurers to consider the cost of litigation when negotiating.

5. Mediation & Appraisal Options

The Florida Department of Financial Services (DFS) offers a free, non-binding mediation program under Fla. Stat. § 627.7015. You can request DFS mediation after a claim decision but before filing suit. Many Plantation homeowners successfully use mediation to compel faster payment without litigation expenses.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Insurers often claim you failed to provide “prompt” notice, a policy prerequisite. But under American Integrity Ins. Co. v. Estrada, 276 So. 3d 905 (Fla. 3d DCA 2019), the insurer must still prove prejudice from late notice. If you acted as soon as reasonably possible, denial on this ground may be reversible.

2. Wear and Tear Exclusions

Roof claims dominate South Florida disputes. Carriers cite exclusions for “wear and tear” or “maintenance,” even when high winds ripped shingles off Plantation roofs. Under Florida law, if any concurrent cause is covered—like hurricane wind—coverage may exist unless the policy has an enforceable anti-concurrent cause clause.

3. Water Damage Limitations

Many policies now cap non-weather water damage at $10,000 unless you used a licensed plumber to remediate. Insurers will argue a slow leak, not a burst pipe, caused the damage. Gathering early moisture-mapping and plumber reports can counter this tactic.

4. Fraud or Misrepresentation Allegations

Adjusters sometimes accuse homeowners of inflated estimates or hidden pre-existing damage. Such accusations can lead to rescission of the entire policy. Always provide truthful, documented information and avoid signing contractor invoices you cannot verify.

5. “Failure to Mitigate”

Florida policies require you to mitigate further damage. If you waited weeks to tarp a damaged roof, an insurer could cut payment. Keep receipts from emergency services like Broward-based water extraction companies to defeat this claim.

6. Policy Lapses and Coverage Gaps

Missed premium payments can lead to cancellation. Verify your policy was in force at the time of loss. Insurers must mail notice of cancellation at least 20 days before termination under Fla. Stat. § 627.728.

Florida Legal Protections & Insurance Regulations

1. Office of Insurance Regulation (OIR) Oversight

The Florida OIR licenses carriers and can sanction companies that engage in unfair claim practices. Policyholders can submit complaints online. A documented OIR complaint often pressures an insurer to re-evaluate a denial.

2. Unfair Claim Settlement Practices Act

Fla. Stat. § 626.9541 prohibits certain unfair claim practices, including:

• Misrepresenting pertinent facts or policy provisions.

• Failing to adopt reasonable claim investigation standards.

• Not attempting in good faith to settle claims when liability is clear.

Violations can justify bad-faith litigation under Fla. Stat. § 624.155 after a required Civil Remedy Notice.

3. Florida Administrative Code 69O-166

This code section sets minimum standards for claim forms and communications. For example, insurers must keep adjuster notes for five years—records your lawyer can subpoena.

4. Assignment of Benefits (AOB) Restrictions

The 2019 and 2023 statutory reforms curtailed AOB agreements by contractors. Plantation homeowners should review any AOB carefully; signing away policy rights can limit your ability to sue the carrier directly.

5. Public Adjuster Regulation

Public adjusters who assist with claims must be licensed under Fla. Stat. § 626.854. Their fees are capped at 10% of the claim proceeds for hurricane losses declared under a state of emergency and 20% for other claims. Hiring a reputable public adjuster early can improve documentation and negotiation leverage.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Read the Denial Letter Carefully

Insurers must state the specific policy provision they relied upon. Highlight each cited exclusion or condition precedent (e.g., proof-of-loss requirement).

Step 2: Gather and Secure Evidence

• Photos/videos of all damage, taken immediately after the event and during any repairs.

• Receipts from mitigation vendors (tarps, water extraction, mold remediation).

• Independent contractor or roofer estimates specific to Broward County pricing.

Step 3: Request the Claim File

Under Florida Administrative Code 69B-220.201(3), an insurer must provide, upon written request, copies of any claim-related statements you gave. This prevents surprise testimony later.

Step 4: Consider DFS Mediation

Submit a “Notice of Request for Mediation” form to DFS. Your Plantation claim will likely be mediated in the Fort Lauderdale DFS mediation center. Prepare a concise summary and your cost estimates. The insurer pays the mediation fee.

Step 5: Send a Statutory Notice of Intent to Litigate (NOIL)

2021 reforms require a Notice of Intent to Litigate at least 10 business days before suing (Fla. Stat. § 627.70152). The NOIL must include an estimate of damages and supporting documents. Many carriers use this window to reopen negotiations.

Step 6: File Suit in Broward County Circuit Court

If the claim remains unresolved and your damages exceed $30,000, the proper venue is the Seventeenth Judicial Circuit Court in Fort Lauderdale. Your complaint must attach the policy, proof of loss, NOIL, and DFS mediation results (if any). Remember the two-year statute of limitations from the date of loss.

When to Seek Legal Help in Florida

1. Denial Involving Complex Exclusions

Mold, matching roof tiles, and ordinance-or-law coverage often involve dense policy language. A seasoned florida attorney can parse these exclusions and locate favorable Florida case law.

2. Lowball Payments

Even if not denied, an offer far below repair estimates is effectively a constructive denial. Lawyers can invoke appraisal, demand appraisal panel neutrality, or proceed directly to litigation.

3. Multiple Losses (e.g., Hurricane + Flood)

Plantation’s proximity to canals like Plantation Preserve complicates causation. Lawyers coordinate with engineers to separate wind from flood damages—critical because flood is typically excluded from homeowners policies.

4. Bad-Faith Conduct

If an insurer ignored obvious evidence, altered engineer reports, or threatened cancellation, an attorney can file a Civil Remedy Notice under Fla. Stat. § 624.155, paving the way for extra-contractual damages.

5. Attorney Licensing in Florida

Only members of The Florida Bar in good standing may practice law here (Florida Bar Rule 1-3.2). Out-of-state counsel must be admitted pro hac vice. Verify license status at the Bar’s official website.

Local Resources & Next Steps

1. Broward County Emergency Management Division

Schedule free hurricane shutter inspections and pick up sandbags when storms approach. Proper mitigation strengthens your future claims.

2. Plantation Building Department

Obtain copies of prior permits or inspection reports; they rebut “pre-existing damage” arguments.

3. Florida Department of Financial Services Consumer Helpline

Call 1-877-693-5236 to lodge complaints or request DFS mediation.

4. Local Contractors & Public Adjusters

Maintain a list of Broward-licensed roofers and water-remediation vendors—insurers trust licensed professionals’ documentation over handyman invoices.

5. Community Legal Clinics

NOVA Southeastern University’s Shepard Broad College of Law in Davie occasionally runs free homeowner assistance clinics for qualifying residents.

Short Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every case is unique. 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.

For further reading, consider these resources:

Florida Department of Financial Services Consumer Resources Notice of Intent to Litigate — Fla. Stat. § 627.70152 The Florida Bar Member Directory Florida Office of Insurance Regulation