Palm Bay, Florida Property Insurance & Bad Faith Attorney

Introduction: Why Palm Bay Homeowners Need a Local Property Insurance Playbook

Palm Bay, Florida sits along the Space Coast, sandwiched between the Indian River Lagoon and the Atlantic Ocean. Its nearly 120,000 residents enjoy year-round sunshine—but they also face year-round insurance risks: hurricanes rolling up the Atlantic, summer lightning strikes that spark house fires, and heavy afternoon storms that overwhelm aging roofs. Because Brevard County’s coastal exposure makes windstorms and flood events more common than in many inland communities, insurers scrutinize claims from palm bay homeowners carefully, and sometimes unfairly. When those insurers delay, underpay, or deny legitimate claims, Florida law gives policyholders powerful tools—especially when an insurer acts in bad faith. This guide explains those rights, the deadlines that apply, and the practical steps Palm Bay residents can take to protect their property and pocketbooks.

Written with a slight tilt toward consumers, the discussion relies exclusively on authoritative sources such as the Florida Statutes, the Florida Administrative Code, bulletins from the Florida Department of Financial Services (DFS), and published opinions from Florida appellate courts. It is designed to arm Space Coast families with the information they need before, during, and after a property insurance claim denial palm bay florida.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Contracts Create Enforceable Rights

Under Florida law, a homeowners or commercial property policy is a written contract. The insurer promises to pay covered losses; the policyholder promises to pay premiums and comply with post-loss duties such as notice, documentation, and cooperation. When a carrier fails to honor the agreement, the policyholder can sue for breach of contract under Florida Statutes § 95.11(2)(b) (five-year limitations period for written contracts).

2. Prompt Notice Deadlines Under § 627.70132

While the lawsuit window remains five years, Fla. Stat. § 627.70132 sets strict notice deadlines: initial notice of a property loss must be given to the carrier within one year of the date of loss; supplemental claims must be filed within 18 months. Missing these windows often gives the insurer a strong defense to payment.

3. The Homeowner Claims Bill of Rights

Florida created a Homeowner Claims Bill of Rights, codified in Fla. Stat. § 627.7142, which requires carriers to:

• Acknowledge the claim within 14 days.

• Begin an investigation within a reasonable time.

• Pay or deny the claim (in whole or in part) within 90 days after receiving notice, absent factors beyond the company’s control.

Violating these timelines can support a bad-faith action under § 624.155.

4. Bad Faith Remedies

If an insurer unreasonably delays payment, misrepresents policy terms, or fails to settle when liability is clear, Florida permits a first-party bad-faith action under Fla. Stat. § 624.155. Before suing, the policyholder must file a Civil Remedy Notice (CRN) with DFS and allow the carrier 60 days to cure.

5. Attorney’s Fees and Costs

Recent legislative reforms changed how fees are awarded, but limited fee-shifting remains in certain contexts (e.g., a declaratory judgment action after the insurer totally denies coverage). Consult a florida attorney for case-specific advice.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice

Failing to report a loss within the one-year statutory window or within the shorter deadline written into the policy.

2. Alleged Pre-Existing Damage

Insurers often contend roof damage existed before the storm. Under Florida law, once the policyholder shows a covered peril “more likely than not” caused the damage, the burden shifts to the insurer to prove an exclusion applies (Jones v. Federated Nat’l Ins. Co., 235 So. 3d 936 [Fla. 4th DCA 2018]).

3. Water vs. Flood Exclusions

Standard homeowners policies cover wind-driven rain but exclude storm-surge flooding. Palm Bay properties near Turkey Creek or the St. Johns River may experience both.

4. Wear and Tear / Maintenance

Carriers cite exclusions for “wear and tear,” “deterioration,” or “repeated seepage.” Policyholders can counter with expert engineering reports showing sudden accidental damage.

5. Alleged Misrepresentations

If you underestimate the age of your roof or fail to list prior claims on the application, the insurer may rescind the policy under Fla. Stat. § 627.409. Materiality is key; minor errors usually do not void coverage.

Florida Legal Protections & Insurance Regulations

The Role of the Florida Department of Financial Services (DFS)

DFS licenses insurers, investigates misconduct, and mediates residential property disputes under Fla. Stat. § 627.7015. Mediation is non-binding but can prompt faster payment in small-dollar disputes.

Required Claims Handling Standards

• Prompt Contact: 14 days to acknowledge.

• Fair Adjustment: adjusters must follow the Florida Administrative Code, Rule 69B-220.201 (Standards of Ethical Conduct of Adjusters).

• 90-Day Rule: pay or deny within 90 days (Fla. Stat. § 627.70131).

Civil Remedy Notices

To sue for bad faith, a Palm Bay homeowner must file a CRN through DFS’s online portal, citing the specific statutory provisions violated, the facts, and the desired cure. The insurer then has 60 days to pay the undisputed amount plus interest to avoid bad-faith exposure.

Statute of Limitations vs. Notice Deadlines

Remember: You may satisfy the one-year notice requirement yet still run out of time to file suit if you delay past the five-year contract deadline.

Florida Attorney Licensing Rules

Only lawyers admitted to the Florida Bar under Rule 1-3.2 of the Rules Regulating the Florida Bar may practice law in the state. Out-of-state lawyers must seek pro hac vice admission through Rule 1-3.10 and associate with local counsel.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully

  Identify each policy provision cited.  Florida law requires the carrier to specify the *exact* exclusion or condition precedent.

Request the Claim File

  Under *Florida Administrative Code Rule 69O-166.020*, you are entitled to certain underwriting and adjuster notes once litigation begins, but many insurers provide them earlier if asked politely.

Gather Evidence

  Take date-stamped photos, keep receipts for temporary repairs (tarps, plywood), and retain independent contractors’ estimates.

Consider a DFS Mediation

  File Form DFS-MSB-4-1776 online.  Mediation conferences are held virtually or at regional offices in Orlando for Brevard County residents.

Serve a Notice of Intent to Litigate (NOI)

  Recent reforms require an NOI at least 10 business days before filing suit.  The insurer then has 10 days to make a settlement offer.

File a Civil Remedy Notice, If Appropriate

  Trigger the 60-day cure period for bad faith claims.

Consult a Licensed Florida Attorney

  Deadlines are unforgiving.  An experienced lawyer can preserve evidence, hire engineers, and negotiate from a position of strength.

When to Seek Legal Help in Florida

Retaining counsel is not always necessary, but the following red flags indicate you should call a florida attorney immediately:

• The insurer blames “pre-existing” conditions without sending an engineer.

• Your claim is partially denied and the amount offered will not cover repairs.

• The carrier delays beyond 90 days with no payment or written explanation.

• You receive a Reservation of Rights letter citing fraud or misrepresentation.

• The loss occurred more than nine months ago and the one-year notice window is closing.

Florida law allows a prevailing policyholder to recover certain attorney’s fees in limited settings, making professional representation more affordable. Experienced lawyers also understand appraisal, an alternative dispute resolution process commonly invoked in Florida policies.

Local Resources & Next Steps

Palm Bay and Brevard County Offices

• Brevard County Clerk of Courts – 400 South St., Titusville, FL 32780. File lawsuits or view case dockets.

• Palm Bay Building Department – 190 Malabar Rd. Obtain inspection records and post-loss permits.

• City of Palm Bay Community Development – Apply for repair grants after declared disasters.

Statewide Consumer Assistance

• Florida DFS Consumer Helpline: 1-877-MY-FL-CFO (1-877-693-5236)

DFS Mediation Program Portal: see Florida Department of Financial Services Disaster assistance information from Florida Division of Emergency Management

Court Decisions to Know

• Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016) – Policyholder may pursue breach even if insurer invokes appraisal.

• Citizens Prop. Ins. Corp. v. Manor House, 313 So. 3d 579 (Fla. 2021) – Extra-contractual damages (lost rent) not recoverable in breach action against Citizens, but may be in bad-faith action.

External References for Further Reading

DFS Guide to Residential Property Claims Florida Statute § 624.155 – Civil Remedies Florida Statute § 627.70132 – Notice of Property Claims

Legal Disclaimer

This guide is for informational purposes only and is not legal advice. Laws change, and the facts of every case differ. Always consult a licensed Florida attorney before taking action on your claim.

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