Miramar, Florida Property Insurance Guide | Insurance Lawyer

Introduction: Why Property Insurance Matters in Miramar, Florida

Miramar sits in the heart of South Florida’s hurricane corridor, only a short drive from both the Atlantic Ocean and the Everglades. While the city’s warm climate, vibrant neighborhoods such as Silver Lakes and Sunset Lakes, and strong housing market attract families and retirees alike, the same geographic perks bring an elevated risk of windstorm, flood, and tropical rain damage. According to the Florida Office of Insurance Regulation, Broward County—where Miramar is located—routinely reports thousands of residential property claims each hurricane season. For Miramar homeowners, maintaining adequate property insurance is therefore not optional; it is the financial firewall that protects the equity in your home.

Unfortunately, many Miramar policyholders discover that purchasing coverage is only half the battle. When it comes time to file a claim, carriers often deny, delay, or underpay—especially after widespread events like Hurricane Irma or Hurricane Ian. If you are facing a property insurance claim denial in Miramar, Florida, this guide explains your rights under Florida insurance law, the legal tools available to fight back, and the specific steps you can take today to protect your biggest investment. Written from a policyholder-friendly perspective, the goal is simple: arm you with the knowledge to compel your insurer to honor the promises it sold you.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Enforces Contracts

Your homeowners policy is a binding contract governed by Florida contract law and Title XXXVII, Florida Statutes (Insurance). Under Chapter 627, insurers owe you a duty of good faith and fair dealing. They must investigate your claim promptly, communicate honestly, and pay what the policy promises if the loss is covered.

2. Time Limits: Statutes of Limitation and Notice Deadlines

• Notice of Loss: Under Fla. Stat. § 627.70132, you generally have 2 years from the date of loss to give your carrier written notice for most residential property claims. Supplemental or reopened claims must usually be submitted within 3 years. (Windstorm-specific deadlines may vary.)

• Filing a Lawsuit: For breach of an insurance contract, Florida’s general statute of limitations is 5 years from the date the carrier breaches (Fla. Stat. § 95.11(2)(e)).

• Bad-Faith Actions: A Civil Remedy Notice must first be filed with the Florida Department of Financial Services (DFS). You must wait 60 days after filing that notice before suing under Fla. Stat. § 624.155.

3. The “Homeowner Claims Bill of Rights”

Florida Statute § 627.7142 requires insurers to provide residential policyholders with a Homeowner Claims Bill of Rights within 14 days after receiving a claim. It summarizes:

• Your right to receive an acknowledgment of your claim within 14 days.

• Your right to receive confirmation of coverage and payment—fully or partially—within 90 days.

• Your right to participate in the free DFS mediation program.

• Your right to contact the Florida DFS Consumer Helpline (1-877-693-5236).

Memorize these rights. They are your leverage if an adjuster attempts to stall or lowball.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurance carriers do not always act maliciously; sometimes claims are denied for legitimate reasons. However, denials are also frequently based on questionable interpretations designed to protect the carrier’s bottom line. Below are the most common grounds cited in Florida:

• Late Notice: Insurers argue you missed the 2-year notice window. Document when you discovered the damage and keep proof of all communications to rebut this.

• Wear and Tear Exclusion: Carriers often attribute roof leaks to age rather than windstorm damage. A licensed public adjuster or structural engineer can counter this narrative.

• Water/Flood vs. Wind-Driven Rain: Standard homeowners policies exclude flood, but cover wind-driven rain if an opening caused by wind allows water in. Disputes frequently arise after hurricanes.

• Alleged Material Misrepresentation: The insurer claims you misrepresented facts on your application or during the claim investigation.

• Pre-Existing Damage: Adjusters may assert the damage existed before the policy period.

• Failure to Mitigate: You must prevent further damage (e.g., tarping a roof) to remain eligible for reimbursement.

• Policy Lapses or Underinsurance: Late premium payments or inadequate coverage limits mean reduced or no payout.

Remember, a denial letter is not the last word. Many denials turn on ambiguous policy language, factual disagreements, or incomplete investigations that can be challenged successfully.

Florida Legal Protections & Insurance Regulations

1. Prompt Payment Statute

Under Fla. Stat. § 627.70131, once you submit a “proof of loss” and the insurer determines coverage, payment must be issued within 90 days. Failure can trigger interest penalties.

2. DFS Mediation and Neutral Evaluation

The Florida Department of Financial Services sponsors a free or low-cost mediation program for disputed residential property claims under Fla. Stat. § 627.7015. Either party may request mediation after the claim is partially or fully denied. Even if mediation fails, participating shows good-faith efforts and creates a record of the insurer’s position.

3. Assignment of Benefits (AOB) Reform

Recent legislation, including Fla. Stat. § 627.7152, curtails contractors’ ability to sue insurers directly. Policyholders must now carefully review any “assignment of benefits” forms before signing, as you could unintentionally surrender control of your claim.

4. Attorney Fee Shifting

Under Fla. Stat. § 627.428 (for older claims) and § 627.70152 (for newer suits filed after December 2022), prevailing insureds may recover reasonable attorney fees, but new notice requirements and pre-suit settlement offers apply. This fee-shifting regime levels the playing field for homeowners who cannot afford hourly counsel.

5. Licensing Rules for Florida Attorneys

All lawyers handling property-damage suits in state courts must be active members in good standing of The Florida Bar. Out-of-state attorneys may appear pro hac vice only if associated with local counsel. Verify your lawyer’s status on The Florida Bar’s website before signing a fee agreement.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Collect and Organize Documentation

• The denial letter or Explanation of Benefits (EOB).

• A complete copy of your policy—including endorsements and declarations.

• Photos, videos, and repair estimates from licensed contractors.

• All emails, text messages, and notes of phone calls with the adjuster.

Organized evidence forms the backbone of any dispute.

2. Request a Certified Copy of the Policy

Under Fla. Stat. § 627.4137, you are entitled to a certified copy upon written request. Compare the language the carrier cited in the denial to the policy itself; adjusters sometimes misquote or overlook endorsements.

3. Invoke the DFS Mediation Program

File a request online or by mail with the DFS. The insurer bears part of the cost. Mediators are neutral and can recommend settlement figures.

4. Consider Hiring a Public Adjuster

Licensed by the Florida Department of Financial Services, public adjusters work exclusively for policyholders and are paid a percentage (capped at 10% for hurricane claims). Their estimates often reveal carrier undervaluations.

5. File a Civil Remedy Notice (CRN)

If you believe the insurer acted in bad faith, file a CRN through the DFS portal. The carrier then has 60 days to cure the violation—often by paying the claim—before you can sue for extracontractual damages and attorney fees.

6. Preserve the Statute of Limitations

Do not let the 5-year litigation deadline or the 2-year notice period expire. If in doubt, consult a Florida attorney immediately; waiting could forfeit your rights.

When to Seek Legal Help in Florida

While many homeowners begin their claim journey alone, retaining counsel early can maximize recovery. You should strongly consider hiring an insurance law attorney when:

• The denial letter cites complex exclusions you do not understand.

• The carrier offers to settle for significantly less than contractor estimates.

• You suspect claim handling violations—e.g., repeated delays, missing deadlines.

• The insurer demands an Examination Under Oath (EUO) and you fear self-incrimination or misstatements.

• Your mortgage lender threatens foreclosure because repairs remain unfunded.

Most property-damage attorneys in Florida—especially those serving Miramar—work on a contingency fee plus potential statutory fee-shifting. This means you pay nothing out of pocket unless they win or settle your case.

Local Resources & Next Steps

Florida DFS Consumer Services: For complaints or mediation requests, call 1-877-693-5236 or visit the DFS Consumer Services Portal.

• Broward County Clerk of Courts: File lawsuits or access records online through the Clerk’s ePortal.

• City of Miramar Building Department: Permits and inspection reports can support your claim by documenting property conditions.

Florida Office of Insurance Regulation: Review company complaint ratios on the OIR website. Florida Bar Lawyer Referral Service: Find a vetted Florida attorney via 1-800-342-8011 or the Bar’s online portal.

Stay proactive. Keep calendars of every statutory deadline, and document communications. By combining meticulous record-keeping, awareness of Florida’s consumer-friendly statutes, and experienced legal advocacy, you dramatically improve the odds of overturning an improper denial.

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 can vary. For advice about your situation, consult 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.