Perry, Florida Property Insurance & Bad Faith Attorney Tips

Introduction: Why Perry, Florida Homeowners Need This Guide

Perry is the county seat of Taylor County and sits just a few miles inland from Florida’s Big Bend coastline. Residents enjoy towering pines, easy access to the Fenholloway and Steinhatchee rivers, and a short drive to the Gulf of Mexico. Unfortunately, that beauty comes with serious weather risk. Between tropical storms spinning up the Gulf, summer thunderstorms, and the occasional tornado, Perry homeowners file a high number of property damage insurance claims each year. In the wake of Hurricane Idalia (2023) and past storms such as Hurricane Hermine (2016), many Perry homeowners found themselves battling insurers for fair payment. If you have experienced a property insurance claim denial in Perry, Florida, this location-specific legal guide explains your rights, outlines Florida insurance law, and offers practical steps to push back—sometimes with the help of a bad faith insurance attorney.

This article is written with a slight bias toward protecting policyholders. It relies only on authoritative information—Florida Statutes, Florida Department of Financial Services (DFS) regulations, published Florida court decisions, and respected insurance law treatises. The goal is to place every advantage allowed by law in the hands of Perry homeowners.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract—And Florida Law Enforces It

When you purchase a homeowners or commercial property insurance policy, you enter a binding contract. Under Fla. Stat. § 95.11(2)(e), you generally have five years from the date of loss to file a breach-of-contract lawsuit if the carrier refuses to honor the policy.

2. Timely Notice Requirements

After a loss, Florida law compels policyholders to notify their insurer within specific deadlines. Under Fla. Stat. § 627.70132 (amended 2021), you must:

Give written notice of a new or reopened claim within one year of the date of loss.

• Give notice of a supplemental claim (additional damages discovered later) within eighteen months of the date of loss.

Miss these deadlines and the insurer can deny based solely on late notice.

3. The Right to Prompt and Fair Claims Handling

Florida has adopted a “Homeowner Claims Bill of Rights,” found in Fla. Stat. § 627.7142. Among other things, it guarantees:

• Written acknowledgment of your claim within 14 days.

• Full payment or denial within 90 days of receiving notice, unless conditions are beyond the insurer’s control.

• The right to receive communication in plain language about what is covered and what is not.

4. Protection Against Unfair Practices

Fla. Stat. §§ 626.9541 and 624.155 are the backbone of Florida’s Unfair Claim Settlement Practices Act and Bad Faith Statute. They empower policyholders to sue for extra-contractual damages if an insurer:

• Misrepresents policy provisions.

• Fails to conduct a reasonable investigation.

• Offers unreasonably low settlements.

• Delays payment without good cause.

Before filing suit for bad faith, you must give the company 60 days’ written notice via a Civil Remedy Notice filed with DFS.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice or Non-Compliance

Insurers often argue that a policyholder waited too long to report a loss or failed to provide requested documents. In Perry, this argument surfaces frequently after wind/hail events when damage is not visible until water intrusion appears months later.

2. Pre-Existing or Wear-and-Tear Damage

Adjusters may claim roof damage was caused by age rather than a covered peril. Recent Florida case law—Hicks v. American Integrity, 241 So.3d 925 (Fla. 5th DCA 2018)—affirmed that insurers must separate covered storm damage from pre-existing deterioration; they cannot simply write off the entire claim as wear and tear.

3. Exclusions Hidden in Endorsements

Some Florida policies carry special endorsements excluding water backup, mold, or cosmetic roof damage. A careful reading is required, preferably with a Florida attorney familiar with coastal policies.

4. Alleged Fraud or Misrepresentation

Insurers sometimes label legitimate claims “fraudulent” after a cursory investigation. Under Fla. Stat. § 626.989, fraud is a crime, but the statute also penalizes carriers that abuse fraud accusations.

5. Underpayment Disguised as Partial Approval

Many Perry policyholders receive a small check that doesn’t cover repairs. Accepting a partial payment does not necessarily waive your right to pursue the balance, but swift action is essential.

Florida Legal Protections & Insurance Regulations

1. Florida Department of Financial Services (DFS)

DFS regulates insurers, licenses adjusters, and runs Consumer Services, which investigates complaints. If you suspect unfair treatment, you can file a complaint online through the DFS portal: Florida DFS Consumer Assistance.

2. Statutory Bad Faith Remedies

The cornerstone is Fla. Stat. § 624.155. To sue for bad faith, you must:

• File a Civil Remedy Notice describing the violation.

• Give the insurer 60 days to cure the violation.

• If unpaid, sue in Circuit Court (Taylor County Circuit Court for Perry residents).

Successful plaintiffs may recover the full value of the claim plus consequential damages, interest, and, in egregious cases, punitive damages.

3. Appraisal and Mediation Options

Under Fla. Admin. Code R. 69J-166.031, DFS offers a free “Residential Property Mediation Program.” Either party can request mediation within 60 days of a denial. Many Perry homeowners have resolved disputes without court by using this tool.

4. Attorney Fees and Assignments of Benefits (AOB)

Recent legislative reforms have curtailed one-way attorney fees and AOB practices; however, policyholders can still recover fees under Fla. Stat. § 627.428 if they win a coverage lawsuit filed on or before December 16, 2022. For later claims, Fla. Stat. § 86.121 controls, allowing fees in certain declaratory actions.

5. Licensing Rules for Florida Attorneys

Only attorneys licensed by The Florida Bar may give legal advice on Florida insurance disputes. You can verify a lawyer’s standing through the Bar’s official directory: Florida Bar Lawyer Search.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Review the Denial Letter Thoroughly

Florida law (Fla. Stat. § 627.70131) requires carriers to explain the specific policy provisions supporting denial. Highlight each cited exclusion or condition.

Step 2: Gather and Preserve Evidence

• Photographs & Videos: Date-stamped images of roof, interior, and exterior damage.

• Repair Invoices: Include emergency mitigation receipts (tarps, water extraction).

• Weather Reports: Obtain data from NOAA or local Perry weather stations to tie damage to a specific storm.

Step 3: Secure an Independent Estimate

Hire a licensed Florida public adjuster or a reputable contractor from the Perry/Taylor County area. This creates a baseline for negotiation and can expose underpayment tactics.

Step 4: File a DFS Consumer Complaint or Request Mediation

DFS mediation is non-binding, but insurers must participate in good faith. Many denials flip at or before mediation because the carrier realizes you are organized and informed.

Step 5: Provide a Written Reconsideration Packet

Send the insurer a SWORN PROOF OF LOSS (if requested) plus your evidence package via certified mail or the carrier’s claim portal. Give a reasonable deadline (e.g., 10 business days) for response.

Step 6: Evaluate Litigation or Appraisal

Most Florida policies include an appraisal clause. If invoked properly, each side hires an appraiser, and a neutral umpire sets the loss amount. While faster than court, appraisal does not resolve coverage disputes—only valuation. A Florida attorney can advise whether appraisal or suit is best.

When to Seek Legal Help in Florida

1. Signs the Insurer May Be Acting in Bad Faith

• Repeated document requests you already satisfied.

• Low-ball estimates far below contractor bids.

• Lack of communication after you submit new evidence.

• Threats of policy cancellation or fraud accusations without basis.

2. What a Bad Faith Insurance Attorney Can Do

A qualified lawyer can:

• Draft and file the Civil Remedy Notice.

• Demand sworn statement recordings from the carrier’s adjusters.

• Subpoena engineering reports the insurer refuses to share.

• File suit in Taylor County Circuit Court or the proper federal venue.

3. Fee Structures

Many firms handle property insurance cases on contingency, meaning you pay nothing unless they recover money for you. Confirm in writing how costs (expert fees, filing fees) are handled.

Local Resources & Next Steps

1. Taylor County Clerk of Court

Location for filing lawsuits: 108 N. Jefferson St., Perry, FL 32347. Phone: (850) 838-3506. Check online dockets to track any case filed against your insurer.

2. Perry City Building & Code Enforcement

Post-storm, the Department can issue inspection reports useful in proving causation. Address: 224 S. Jefferson St., Perry, FL 32347.

3. Licensed Public Adjusters in Big Bend

Several public adjusters service Perry and nearby Steinhatchee. Verify credentials through DFS’s license lookup before signing any contract.

4. Disaster Recovery Centers

After federally declared events, FEMA and the Small Business Administration set up temporary centers at Forest Capital Museum State Park or the Perry Elks Lodge. Collect all paperwork received there; it can support your insurance claim.

5. Stay Informed

Florida’s insurance landscape changes rapidly. Bookmark the Office of Insurance Regulation’s data portal: Florida OIR Market Information.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws can change, and application of the law depends on specific facts. Always consult a licensed Florida attorney before relying 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.