Lighthouse Point, Florida Property Insurance & Property Damage Lawyer Near Me

Introduction: Property Damage Concerns in Lighthouse Point

With its picturesque canals, marinas, and proximity to the Atlantic, Lighthouse Point is one of Broward County’s most desirable coastal communities. Unfortunately, the same geography that delivers waterfront sunsets also exposes local homes and condos to hurricanes, tropical storms, salt-air corrosion, and sudden plumbing leaks. After storms such as Hurricane Irma (2017) and Hurricane Ian (2022) rattled South Florida, many Lighthouse Point homeowners learned the hard way just how complex a property insurance claim denial lighthouse point florida can be.

This 2,500-plus-word guide is designed for Lighthouse Point homeowners, condo associations, landlords, and commercial property owners who want to understand their rights under Florida insurance law. Written with a slight bias toward protecting policyholders, the guide walks you through key statutes, deadlines, claim-handling rules, and strategic tips so you can stand on equal footing with your carrier—or know when to call a florida attorney.

Key takeaway: Florida law contains numerous consumer protections, but you must act quickly, document thoroughly, and understand your policy’s post-loss obligations to preserve your rights.

Understanding Your Property Insurance Rights in Florida

1. The Contractual Right to Indemnity

Your homeowner’s or commercial property policy is a written contract. Under Fla. Stat. § 95.11(2)(e), you generally have five years from the date of breach (usually the date of underpayment or denial) to file a lawsuit. This is known as the statute of limitations for suits on written contracts.

2. The Right to Prompt, Fair Claim Handling

• 14-Day Acknowledgment Rule: Fla. Admin. Code R. 69O-166.024 requires insurers to acknowledge your claim in writing within 14 calendar days of notice.

• 90-Day Decision Rule: Under Fla. Stat. § 627.70131(7)(a), carriers must pay, deny, or partially pay within 90 days after receiving notice, absent factors beyond their control.

• Interest Penalties: If payment is late without good cause, the carrier may owe statutory interest from the date the payment should have been made.

3. The Right to Notice of Claim Deadlines

Recent legislative reforms shortened the time for submitting a claim. Under Fla. Stat. § 627.70132, you must give written notice to your insurer within one year of the date of loss for new claims and within 18 months for supplemental or reopened claims. Missing this deadline can bar recovery unless you fall within narrow exceptions.

4. The Right to Access Your Claim File

Florida’s “open claims file” tradition is supported by case law such as Johnson v. Omega Insurance Co., 200 So. 3d 1207 (Fla. 2016), which allows policyholders to recover attorney’s fees when forced to sue for benefits wrongfully withheld. Although you do not automatically receive the entire file during the adjustment stage, you may demand documents once litigation begins or through a Civil Remedy Notice (CRN).

5. The Right to Attorney’s Fees—Under Certain Conditions

If you bring suit and obtain a judgment or settlement that is more than any amount previously offered by the insurer, Fla. Stat. § 627.428 (for older policies) or § 627.70152 (for newer residential policies) may entitle you to reasonable attorney’s fees. This fee-shifting provision is a powerful equalizer for Lighthouse Point homeowners confronting deep-pocket insurers.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely admit they are stonewalling policyholders. Most denials cite one or more policy provisions. Below are frequent reasons—along with tips to push back.

Late Notice of Claim The one-year notice rule gives carriers a potent defense. Always report a loss immediately, even if you are still compiling photographs or mitigation invoices. Wear, Tear & Deterioration Exclusion Salt-air corrosion and aging roofs are common along the Intracoastal. Carriers often claim that wind-blown shingles or a leaking tile roof constitute “maintenance.” Obtain a licensed Florida roofer’s report distinguishing storm damage from long-term wear. Water Damage Over 14 Days Most policies limit coverage if water has been leaking for 14 days or more. Plumbers’ leak-detection reports and moisture-mapping can narrow the insurer’s ability to invoke this exclusion. Failure to Mitigate Under Fla. Stat. § 627.7011(3)(a), you must take reasonable steps to prevent further damage. Boarding up windows or tarping a roof protects both you and the insurer. Alleged Material Misrepresentation If the carrier suspects you exaggerated the scope of loss, it may demand an Examination Under Oath (EUO). Answer truthfully, provide documents, and consider legal representation. Concurrent Causation When both covered (wind) and uncovered (flood) perils contribute to the loss, insurers sometimes deny entirely. Florida follows the efficient proximate cause doctrine for older policies, but newer endorsements may change the analysis. An engineer’s report can be decisive.

Florida Legal Protections & Insurance Regulations

1. The Civil Remedy Notice (CRN) Process

Florida Statute § 624.155 allows policyholders to file a CRN with the Department of Financial Services (DFS) alleging unfair claim handling. The insurer then has 60 days to cure the violation—often by paying the claim—before facing statutory bad-faith exposure.

2. Mediation & Appraisal

• DFS Mediation: Under Fla. Admin. Code R. 69J-166.031, residential policyholders may demand state-sponsored mediation for disputed claims under $500,000. The insurer pays the mediator’s fee; you may still hire counsel.

• Appraisal: Many policies include an appraisal clause. Each side selects an appraiser; the appraisers pick an umpire. While faster than litigation, appraisal generally decides only the amount of loss—not coverage or causation disputes.

3. Assignment of Benefits (AOB) Restrictions

Florida’s 2019 AOB reform (codified at § 627.7152) limits contractors’ ability to sue insurers directly. Lighthouse Point homeowners should sign AOBs only after reviewing caps on attorney’s fees, notice requirements, and the right to cancel within 14 days.

4. Anti-Fraud & Adjuster Licensing

Public adjusters must be licensed under Fla. Stat. § 626.854, carry a surety bond, and cap fees at 10% of hurricane claims during the first year after the Governor’s emergency declaration. Verify licenses through the DFS website.

5. Attorney Licensing & Ethical Rules

A florida attorney must be an active member of The Florida Bar, regulated by the Florida Supreme Court. Lighthouse Point residents should confirm a lawyer’s good standing via the Bar’s searchable directory.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Written Denial & Full Policy

Florida law obligates carriers to provide the specific policy language relied upon. Demand the complete certified policy if you do not already have it.

2. Create a Claim Chronology

List every phone call, email, inspection, and payment. This timeline becomes critical evidence in mediation, appraisal, or litigation.

3. Gather Independent Estimates

Hire a licensed general contractor or estimator familiar with Broward County building codes. Updated estimates often reveal under-scoped repairs, especially for stucco, impact windows, and dock structures common in Lighthouse Point.

4. Consider DFS Mediation

File the request online. Many carriers are motivated to settle in mediation to avoid a potential CRN and bad-faith exposure.

5. File a Civil Remedy Notice (If Appropriate)

The CRN must state the statutory basis for the violation and a specific cure amount. Insufficient detail can doom the notice, so professional help is advisable.

6. Evaluate Appraisal vs. Litigation

Read your policy’s appraisal clause carefully. If the dispute involves causation (e.g., was the roof leak wind-driven or wear-and-tear?), appraisal may be premature.

7. Track the Five-Year Suit Deadline

Mark your calendar for five years from the first unequivocal denial or underpayment. Filing even one day late can bar your claim.

When to Seek Legal Help in Florida

While some disputes resolve through mediation or appraisal, others require courtroom leverage. You should consult counsel when:

• The insurer alleges fraud or material misrepresentation.

• You are asked to sit for an Examination Under Oath.

• The carrier delays payment beyond 90 days without explanation.

• Your CRN expires without a satisfactory cure.

• The denial involves complex causation (e.g., wind vs. flood, marine structures, or mold limits).

A qualified attorney can:

• Preserve evidence and retain forensic experts.

• Draft compliant CRNs to set up bad-faith claims.

• File suit in Broward County Circuit Court and pursue fee-shifting under §§ 627.428 or 627.70152.

Local Resources & Next Steps

Florida Department of Financial Services Consumer Services – File complaints, request mediation, or verify adjuster licenses. Florida Statutes Chapter 627 (Insurance Contracts) – Review the full text of property insurance laws. Florida Bar Lawyer Directory – Confirm your attorney’s standing and disciplinary history. Florida Office of Insurance Regulation – Market conduct exams and rate filings for your carrier.

For Lighthouse Point homeowners, additional assistance may be available from Broward County’s Consumer Protection Division and local non-profits that provide post-disaster aid.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and the application of law to specific facts requires consultation with a licensed Florida attorney.

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