Property Insurance & Damage Lawyer Guide – Longwood, Florida

Introduction: Protecting Longwood Homes from Insurance Claim Denials

Longwood sits in the heart of Seminole County, about 15 miles north of downtown Orlando. While the city’s tree-lined neighborhoods, historic district, and proximity to the Wekiva River make it a desirable place to own a home, Longwood homeowners also face the same weather risks that plague much of Central Florida—hurricanes, windstorms, heavy summer thunderstorms, and the occasional tornado spawned by tropical systems. When a storm hits and shingles rip away on Markham Woods Road or rising water damages a home near East Lake Brantley, property owners turn to their insurers for help. Unfortunately, many residents discover that the greatest battle happens after the storm: getting the insurance company to pay fairly and on time.

This comprehensive guide is written for Longwood homeowners who are dealing with, or hoping to avoid, a property insurance claim denial. It explains your rights under Florida insurance law, the strict deadlines that now apply, and the local resources available if negotiations stall. Although the information favors policyholders, every statute, rule, and procedure cited comes from authoritative, publicly available sources such as the Florida Statutes and the Florida Department of Financial Services (DFS).

1. Understanding Your Property Insurance Rights in Florida

1.1 The Homeowner Bill of Rights

Chapter 627, Florida Statutes, establishes many of the protections that shield consumers from unfair claim practices. Highlights include:

• Timely acknowledgment of your claim – Under §627.70131(1)(a), an insurer must acknowledge receipt of a residential property claim in writing within 14 days.

• The 90-Day Rule – §627.70131(7)(a) requires insurers to pay, deny, or partially pay a claim within 90 days after receiving notice of the loss, unless factors beyond their control prevent a decision.

• Reasonable explanation of denial – §626.9541(1)(i) makes it an unlawful claims practice for an insurer to deny coverage without a reasonable written explanation based on the policy and facts.

• Right to free mediation – The DFS administers a no-cost mediation program for most residential claims under Florida Administrative Code 69J-166.031.

• Right to obtain a complete copy of your policy – You may request your full policy, declarations, endorsements, and amendments at any time.

1.2 Contractual Rights Specific to Property Policies

Aside from statutory protections, your actual policy is a contract. Most Florida policies grant additional rights, such as the right to an appraisal when the dispute centers on the amount of loss rather than coverage. Carefully review the “Loss Settlement,” “Duties After Loss,” and “Appraisal” sections so you can trigger those provisions before deadlines expire.

1.3 Statute of Limitations for Property Claims

In 2023, Florida shortened the time frame for filing lawsuits on property insurance contracts. Per §95.11(10), Florida Statutes, a homeowner must bring suit within one (1) year of the insurer’s first denial of all or part of the claim if the policy was issued or renewed on or after December 16, 2022. For older policies, the limitation can extend to two years. Because the deadline depends on the policy’s effective date and the timing of the denial letter, Longwood homeowners should calculate the date precisely or consult a Florida attorney immediately.

2. Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers routinely cite certain policy exclusions or technicalities when denying payment. Understanding these arguments in advance helps you document your loss thoroughly and craft targeted rebuttals.

• Late Notice – If you failed to report a storm loss “promptly,” the carrier may claim it was prejudiced. Florida courts, however, require a showing of actual prejudice—mere delay is not enough.

• Wear and Tear Exclusion – Carriers often attribute roof leaks to age or maintenance issues. Professional photographs, inspection reports, and meteorological data can demonstrate that wind uplift or hail impact—not age—caused the damage.

• Pre-Existing Damage – The insurer may allege a loss occurred before your policy period. Itemized repair receipts, pre-storm inspection reports, and satellite imagery can refute this.

• Flood vs. Wind – Standard homeowner policies exclude flood; only separate NFIP or private flood policies cover rising water. Disputes arise when both wind and water contributed. Concurrent causation analysis—and sometimes expert hydrology testimony—is necessary.

• Failure to Mitigate – Policies require that you take reasonable steps to protect property from further damage. Insurers deny claims if wet drywall or damaged roof decking is left unprotected. Boarding windows, installing tarps, and documenting mitigation efforts protect your rights.

3. Florida Legal Protections & Insurance Regulations

3.1 Unfair Claim Settlement Practices Act

The Florida Unfair Insurance Trade Practices Act, §626.9541, prohibits insurers from:

• Misrepresenting policy provisions.

• Failing to adopt reasonable claim investigation standards.

• Failing to act promptly on communications regarding claims.

• Denial without a reasonable basis in law or fact.

If an insurer violates these rules, policyholders may file a Civil Remedy Notice (CRN) with the DFS under §624.155. The CRN gives the insurer 60 days to fix the violation (often by paying the claim) before you may sue for bad-faith damages.

3.2 DFS Mediation and Neutral Evaluation

For property insurance claim disputes under $500,000, homeowners can request free mediation through DFS. The program is governed by F.A.C. 69J-166.031. Either party may also request neutral evaluation for sinkhole claims under §627.7074.

3.3 Office of Insurance Regulation (OIR)

The OIR approves policy forms and monitors solvency. If an insurer’s financial rating falls, homeowners may face delayed payments. Stay informed by checking the OIR’s company search tool after every major storm.

3.4 Attorney Fees and Assignment of Benefits (AOB)

Recent legislation—Ch. 2022-271, Laws of Florida—eliminated one-way attorney-fee shifting in many property cases and largely banned new residential AOBs. While this makes litigation riskier for attorneys, many still take meritorious denial cases on contingency.

4. Steps to Take After a Property Insurance Claim Denial in Florida

A denial letter can feel like the end of the road, but Florida law creates several powerful avenues to overturn the insurer’s decision.

• Request the Claim File Send a written request for the complete claim file, including adjuster notes and photographs. Florida law does not require insurers to provide privileged documents, but most non-privileged materials must be disclosed when litigation is reasonably anticipated.

• Gather Independent Evidence Hire a licensed public adjuster or structural engineer to inspect the damage. Independent estimates often reveal higher repair costs than the carrier allowed.

• Invoke the Appraisal Clause If the dispute is over the amount of loss rather than coverage, demand appraisal in writing. Each side selects a competent appraiser, and a neutral umpire resolves differences.

• File for DFS Mediation Submit DFS-I-M9 (Request for Mediation) within 90 days of the insurer’s claim decision. Mediation sessions are scheduled in Orlando, less than 20 minutes from Longwood via I-4.

Serve a Civil Remedy Notice If the denial appears unlawful, file a CRN. The form is online at the DFS Civil Remedy System. Accurately describe the violation and cure amount. The 60-day clock encourages settlement.

• File Suit Before the Statute of Limitations Expires A lawsuit stops the limitations clock and preserves your right to seek damages. In Seminole County, property suits are filed at the civil division of the 18th Judicial Circuit Court in Sanford.

5. When to Seek Legal Help in Florida

You may handle small disputes alone, but complex denials often require a property damage lawyer near Longwood. Here is when professional counsel is critical:

• Coverage issues – When the carrier says the type of peril (e.g., flood vs. wind) is excluded.

• Bad-faith conduct – Deliberate underpayment or failure to timely investigate.

• Large-scale losses – Fire, total roof replacement, or mold remediation exceeding $50,000.

• Imminent statute of limitations – Less than six months remaining.

5.1 How to Choose a Florida Attorney

Under Rule 4-1.5, Rules Regulating The Florida Bar, contingency fees must be in writing and signed by the client. Verify that your lawyer is:

A member in good standing with The Florida Bar.

• Licensed in all Florida state courts and, if needed, the United States District Court for the Middle District of Florida (Orlando Division).

• Experienced in jury trials and property insurance appraisals.

6. Local Resources & Next Steps

6.1 Government & Non-Profit Resources

Florida Department of Financial Services Consumer Helpline – 1-877-MY-FL-CFO (DFS Website).

• Seminole County Property Appraiser – Market value data can support loss estimates.

• Seminole County Building Division – Permit records help prove repair history.

• City of Longwood Community Development – Local codes for roof replacement, floodplain management.

6.2 Preparing for the 2024 Hurricane Season

Central Florida’s most active months are August through October. Longwood homeowners should:

• Review policy deductibles (especially windstorm and named-storm deductibles).

• Photograph property before hurricane season.

• Store digital copies of policies in cloud storage.

• Update contact numbers with your insurer to avoid claim delays.

6.3 Checklist: After Any Storm in Longwood

• Document damage with timestamped photos.

• Mitigate further loss (tarp roof, remove wet carpet).

• Report claim to insurer within 24 hours.

• Keep a log of every call and email with the adjuster.

• Consult a licensed public adjuster or attorney if you feel pressured.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change. Consult a licensed Florida attorney about 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.