Port St. Lucie Insurance Attorney: Property Insurance Guide

Introduction

Few things are more stressful for Port St. Lucie homeowners than dealing with unexpected property damage and then learning that their insurance carrier is underpaying or outright denying the claim. The city’s proximity to the Atlantic makes it vulnerable to hurricanes, tropical storms, wind-driven rain, and flooding. Even routine summer thunderstorms can spawn lightning strikes, roof leaks, or burst pipes. According to the Florida Office of Insurance Regulation, St. Lucie County policyholders file thousands of claims every year after severe weather events. Yet many legitimate claims stall in the adjuster’s inbox or receive lowball settlement offers. This guide—prepared from the perspective of an insurance attorney—explains how Florida law protects you, why insurers deny claims, and what steps you can take to fight back. Our slight bias is intentional: Florida statutes and case law confirm that the policyholder is supposed to be placed back in the position he or she occupied before the loss, and we believe those consumer protections deserve vigorous enforcement.

Understanding Your Property Insurance Rights in Florida

The Insurance Policy as a Contract

Your homeowners or condo policy is a contract governed by Florida contract law. In Johnson v. Nationwide Mutual Insurance Co., 828 So.2d 1021 (Fla. 2002), the Florida Supreme Court reiterated that ambiguities in coverage are construed in favor of the insured. When coverage language can reasonably be read two ways, the interpretation that provides coverage prevails.

Statutory Duties of Insurers

• Prompt acknowledgment and investigation: Fla. Stat. § 627.70131(1)(a) requires insurers to acknowledge receipt of your claim within 14 days.

• 90-day decision deadline: Under § 627.70131(5)(a), carriers must pay, deny, or provide the “basis of denial” within 90 days after you report a loss, unless factors beyond their control prevent a decision.

• Good-faith adjustment: Section 624.155 authorizes a civil remedy when an insurer fails to settle claims in good faith and “with due regard for the interests of the insured.”

Bill of Rights for Florida Policyholders

The Florida Department of Financial Services publishes a Homeowner Claims Bill of Rights that must be delivered within 14 days of receiving a claim that involves windstorm or hurricane damage. Key protections include the right to:

• Receive acknowledgment of your claim within 14 days.

• Receive confirmation that your claim is covered in whole or in part, or denied, within 90 days.

• Be accompanied by a licensed public adjuster or Florida attorney at any on-site inspection.

• Contest a low or denied claim through appraisal, mediation, or litigation.

Statute of Limitations

For residential property insurance, Fla. Stat. § 95.11(2)(e) imposes a five-year statute of limitations to sue an insurer, running from the date of the breach (usually the date of denial or partial payment). A shorter two-year period applies to supplemental or reopened Hurricane Ian claims filed after January 1, 2023 under § 627.70132.

Common Reasons Property Insurance Companies Deny Claims in Florida

Late Notice

Carriers frequently argue that the insured failed to provide “prompt notice.” However, Florida courts (e.g., Bankers Insurance Co. v. Macias, 475 So.2d 1216) place the burden on the insurer to prove prejudice resulting from late notice.

Water Damage Exclusions

Policies issued after 2011 often use anti-concurrent causation clauses and limit coverage for water seepage that occurs over “14 days or more.” Homeowners should read these provisions closely. If wind damaged your roof and allowed rainwater in, the ensuing interior damage is usually covered even if flood water later intruded.

Wear and Tear vs. Sudden Loss

Insurers love to label damage as “long-term deterioration.” In Port St. Lucie’s humid climate, minor roof granule loss can escalate quickly. A professional forensic roofer or engineer can help show that a sudden wind event breached the roof, triggering coverage.

Mold and Microbial Growth Limits

Florida policies typically cap mold remediation at $10,000 unless you purchase an endorsement. Nevertheless, if mold results from a covered peril like a burst pipe, the initial tear-out and plumbing repair should be paid outside that cap.

Roofer or Contractor “Assignment of Benefits” (AOB) Disputes

Senate Bill 2-A (2022) curtailed AOBs, but contracts signed before January 1, 2023 remain valid. Carriers may deny payment if they believe the contractor’s AOB is defective. Homeowners can still pursue payment directly.

Florida Legal Protections & Insurance Regulations

Civil Remedy Notice (CRN)

If an insurer violates § 624.155, the insured may file a CRN with DFS. The carrier then has 60 days to cure the violation by paying the claim. Failure to cure can expose the carrier to extra-contractual damages, including attorney’s fees and interest.

Attorney’s Fees and “Prevailing Party” Rule

Under Fla. Stat. § 627.428, if you obtain a judgment—or even force the insurer to settle after a lawsuit—you may recover reasonable attorney’s fees. This “one-way fee shifting” encourages insurers to resolve meritorious claims.

Mediation & Neutral Evaluation

DFS offers free or low-cost mediation for residential claims under Fla. Admin. Code 69J-166.031. For sinkhole disputes, a neutral evaluation program exists (§ 627.7074).

Licensing Rules for Florida Attorneys

Only members in good standing with The Florida Bar can give legal advice on Florida insurance law. Always verify a lawyer’s license on the Bar’s website before hiring.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Denial Letter in Writing

Florida law requires carriers to state the exact policy provisions relied upon when denying a claim. Make sure you have that letter.

2. Gather Evidence

• Photos/videos dated before and after the loss

• Repair receipts, contractor estimates, and correspondence

• Meteorological data for the date of loss (e.g., National Weather Service wind reports for Port St. Lucie)

3. Order a Certified Copy of Your Policy

Insurers must provide a certified policy copy within 30 days of request (§ 627.4137).

4. Consider an Independent Appraisal

Most policies include an appraisal clause. Each side hires an appraiser; a neutral umpire resolves differences. Appraisal decides amount of loss, not coverage. If the dispute centers on valuation rather than exclusion, appraisal can be quick and binding.

5. File a DFS Mediation or Civil Remedy Notice

Florida Department of Financial Services Consumer Services Division explains how to file.

6. Consult a Florida Insurance Attorney Early

An attorney can review the file, preserve deadlines, and draft the CRN, which is a prerequisite to suing for bad faith.

When to Seek Legal Help in Florida

Engage counsel when:

• The carrier cites complex exclusions (earth movement, flood, mold caps).

• You suspect underpayment (lowball estimates, refusal to pay overhead & profit).

• The 90-day statutory deadline passes without full payment.

• A mortgage company threatens foreclosure due to unrepaired damage.

An experienced Florida attorney can file suit in St. Lucie County Circuit Court, request discovery, depose the adjuster, and negotiate from a position of strength.

Local Resources & Next Steps

St. Lucie County Clerk & Courts

Property insurance suits over $30,000 are filed in the Nineteenth Judicial Circuit courthouse on South Rock Road in Fort Pierce—just 15 minutes from most Port St. Lucie homeowners.

City Permitting and Re-Roof Requirements

The Port St. Lucie Building Department follows the Florida Building Code. After a major roof replacement, you will need a final inspection. Keep permit documents; insurers often demand proof of code compliance.

Local Public Adjusters and Contractors

Interview at least two locally licensed professionals. Verify licenses through the DFS Licensee Search.

Hurricane Preparedness

Download the St. Lucie County Hurricane Preparedness Guide and keep digital backups of your policy on the cloud. After a storm, insurers can no longer mandate use of their preferred vendors, thanks to Senate Bill 2-A.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed. Consult a licensed Florida attorney regarding your specific situation.

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