Property Insurance & Bad Faith Attorney Guide—Plantation, FL

Introduction: Why Plantation Homeowners Need a Focused Guide

Plantation, Florida sits just west of Fort Lauderdale, nestled among mature tree-lined streets, canals, and more than 90 distinct neighborhoods. Hurricanes, summer thunderstorms, and an occasionally over-zealous sprinkler system can all leave Plantation homes with roof leaks, flooding, or wind damage. When disaster strikes, local residents reasonably expect their insurance carrier to pay covered losses promptly. Unfortunately, many policyholders learn the hard way that insurers sometimes delay, lowball, or outright deny legitimate claims. This guide—written with a pro-homeowner perspective—aims to arm "plantation homeowners" with practical steps, citations to controlling florida insurance law, and local resources so you can push back against property insurance claim denial plantation florida issues.

Whether your dispute involves Citizens, Universal, Heritage, or another carrier, the core legal rights are set by Florida statutes, Department of Financial Services (DFS) regulations, and court precedents from Broward County and beyond. Below, you will find a structured roadmap covering your rights, common denial tactics, statutory protections, and when to call a florida attorney experienced in bad faith litigation. Plantation’s unique mix of older concrete-block homes and new construction brings special coverage concerns—think cast-iron pipe failures in Jacaranda Lakes or impact-resistant window endorsements in Hawks Landing. We weave those local details into each section so you can take action with confidence.

Understanding Your Property Insurance Rights in Florida

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

Under common law and Fla. Stat. § 624.155, every residential property insurance policy issued in Florida is a legally binding contract. That means your insurer owes you specific duties, including:

• Duty of Good Faith and Fair Dealing – Florida recognizes a first-party cause of action when an insurer fails to settle claims in good faith, creating extra-contractual exposure for the carrier under § 624.155(1)(b)(1).

• Prompt Investigation and Payment – The DFS “Homeowner Claims Bill of Rights,” mandated by § 627.7142, requires insurers to acknowledge your claim within 14 days, begin investigation within 14 days of proof of loss, and pay undisputed amounts within 90 days.

• Accurate Policy Language – Endorsements and exclusions must be filed with the Florida Office of Insurance Regulation (OIR). Ambiguities are construed in favor of policyholders by Florida courts (see State Farm v. Menendez, 70 So. 3d 566 (Fla. 2011)).

2. Statute of Limitations for Suit

If your carrier breaches the policy, you generally have five years to file suit, measured from the date of breach, under Fla. Stat. § 95.11(2)(e). However, Senate Bill 76 (2021) added Fla. Stat. § 627.70132, giving you just two years from the date of loss to report a claim (three years for supplemental or reopened claims). Miss that notice deadline and your carrier may deny coverage entirely—so act quickly.

3. The Right to Appraisal (Sometimes)

Many Florida policies include an appraisal clause allowing either party to demand a neutral panel to set the amount of loss. While courts favor enforcing appraisal, carriers sometimes delay invoking it. Knowing the clause’s timelines can stop stalling tactics.

4. The Right to Attorney’s Fees if You Win

Fla. Stat. § 627.428 (now § 626.9373 for surplus lines) shifts reasonable attorney’s fees to the insurer when a homeowner prevails in litigation. This fee-shifting statute levels the playing field, making it economically feasible to hire counsel even for moderate claims.

Common Reasons Property Insurance Companies Deny Claims in Florida

Plantation residents frequently hear one of the following justifications when a claim is denied or underpaid. Recognizing these patterns helps you gather targeted rebuttal evidence.

Water Damage Denied as “Wear and Tear” Cast-iron drain line failures plague 1960s-era homes in Plantation Gardens. Insurers will often label resulting water damage as long-term seepage excluded under the policy. Yet newer caselaw (Hicks v. American Integrity, 241 So. 3d 925 (Fla. 5th DCA 2018)) clarifies that ensuing damage may still be covered even if the pipe is not. Roof Claims Denied for “Age” or “Maintenance” After Hurricane Irma, many carriers claimed cracked barrel tiles were pre-existing. But if wind created a sudden opening, the loss is typically covered under an “all-risk” policy unless explicitly excluded. Late Notice Citing § 627.70132, insurers argue your claim report came after two years. Yet Florida law also requires the carrier to show prejudice. If the damage is still inspectable, courts sometimes reject the defense. Concurrent Causation Denials often invoke the anti-concurrent cause (ACC) clause, claiming flooding and wind happened simultaneously. In Broward County Circuit Court, plaintiffs have countered with separate wind-only experts and prevailed. Improper Mitigation Your policy obligates you to mitigate damage. However, insurers sometimes inflate this defense. Saving receipts for tarps, dry-out services, and board-up crews neutralizes the argument.

Florida Legal Protections & Insurance Regulations

1. Florida Department of Financial Services (DFS)

DFS regulates insurance adjusters, oversees the Consumer Assistance Division, and hosts mandatory mediation for residential property disputes under Fla. Admin. Code R. 69J-166.031. Filing a “Civil Remedy Notice” (CRN) through DFS is a prerequisite for bad faith litigation. The insurer then has 60 days to cure or face statutory penalties.

2. Office of Insurance Regulation (OIR)

OIR reviews policy forms and rates. If you suspect an exclusion was never approved, your attorney can request the form filing. Un-filed exclusions are unenforceable.

3. Senate Bill 2-A (2022 Special Session)

Following widespread carrier insolvencies, SB 2-A amended § 627.70131 to shorten claim investigation deadlines and require carriers to provide detailed denial explanations. Plantation homeowners filing new claims should expect a decision within 60 days, not 90.

4. Bad Faith Standard Under § 624.155

To prove bad faith in Florida, you must show the insurer could and should have paid if acting fairly toward the insured, as explained in Time Insurance Co. v. Burger, 712 So. 2d 389 (Fla. 1998). Remedies include extra-contractual damages, interest, and sometimes punitive damages.

5. Attorney Licensing Rules

All lawyers practicing in Florida must be active members of The Florida Bar and in good standing per Chapter 1 of the Rules Regulating The Florida Bar.

• Out-of-state attorneys require pro hac vice permission under Fla. R. Jud. Admin. 2.510.

• Contingency fee contracts in property cases must conform to Rule 4-1.5(f) and be approved by the client in writing.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Demand the Denial Letter in Writing

Under § 627.70131(7)(a), carriers must provide a written denial explaining all policy provisions relied upon. This forces the insurer to commit to specific grounds, narrowing future disputes.

2. Review Your Policy Declarations and Endorsements

Many Plantation homeowners never see the full policy packet; they only receive declarations pages at renewal. Request the complete policy, including any windstorm or water damage endorsements filed with OIR.

3. Document the Damage Thoroughly

• Take date-stamped photos and video.

• Save receipts for any temporary repairs (tarping, fans, dehumidifiers).

• Keep contractor estimates and engineering reports.

4. Obtain an Independent Estimate

Local public adjusters or licensed contractors in Broward County can provide a competing scope of work, often exposing undervaluation. Make sure the adjuster is licensed by DFS (license prefix “W” for “All-Lines”).

5. Consider DFS Mediation or Neutral Evaluation

For sinkhole or flood-related disputes, Florida statutes offer neutral evaluation. Residential property claims under $500,000 are eligible for DFS mediation, typically scheduled at a satellite office in Fort Lauderdale.

6. File a Civil Remedy Notice (If Bad Faith Is Suspected)

The CRN must specify the statute violated, facts, and cure demands. Once filed, the 60-day cure clock starts. Many carriers respond with settlement offers to avoid potential punitive exposure.

7. Mark Your Calendar for Limitations Periods

Remember—two years to report, five years to sue. Use certified mail or DFS’s portal to time-stamp your actions.

When to Seek Legal Help in Florida

1. Red Flags That Warrant Calling an Attorney

• Carrier invokes “fraud” without evidence.

• Insurer requests a second Examination Under Oath (EUO).

• Lowball payment is less than half your contractor’s estimate.

• Delay exceeds 90 days with no undisputed payment.

2. How Bad Faith Insurance Attorneys Add Value

An experienced property insurance lawyer can:

• Draft and file the CRN properly.

• Depose field adjusters and engineers who wrote the denial reports.

• Invoke appraisal or demand pre-suit mediation.

• Litigate for breach of contract and bad faith, maximizing damages.

3. Cost Concerns

Thanks to fee-shifting under § 627.428, many attorneys work on contingency, meaning no fees unless you recover. Always review the written fee agreement and verify the lawyer’s standing on the Florida Bar website.

Local Resources & Next Steps

1. Plantation-Area Agencies and Offices

• Broward County Clerk of Courts – 201 S.E. 6th St., Fort Lauderdale, FL 33301. File lawsuits or retrieve docket information.

• DFS Consumer Insurance Help Line – 1-877-693-5236. Speak with a licensed insurance specialist.

• Florida Office of Insurance Regulation—South Florida Service Office – Handles consumer complaints and market conduct issues.

• City of Plantation Building Department – 401 NW 70th Terrace. Permits and inspection records can prove age of roof or plumbing system.

2. Community Preparedness Tips

Before hurricane season, conduct a roof inspection and photograph all elevations of your home. Store digital copies in the cloud. This “pre-loss” file is invaluable when proving that damage was sudden, not pre-existing.

3. Stay Informed

Florida’s property insurance landscape changes rapidly. Bookmark the DFS “Storm Help” page for bulletins: Florida CFO Consumer Resources. Legislative updates often adjust timelines, mediation options, and fee statutes.

4. Final Checklist for Plantation Homeowners

• Report your claim within two years of loss.

• Keep meticulous records—photos, receipts, correspondence.

• Request written denial and full policy.

• Consider independent estimates and DFS mediation.

• Consult a licensed Florida bad faith attorney if underpaid or stonewalled.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every claim is fact-specific. Consult a licensed Florida attorney for guidance tailored to your situation.

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