Property Insurance Mold Claim Guide – Tamarac, Florida

Introduction: Why Mold Damage Claims Matter in Tamarac, Florida

Tamarac sits in the humid heart of Broward County, where year-round temperatures hover in the 70s and 80s and average annual rainfall tops 60 inches. Those conditions, combined with the city’s dense housing stock built largely in the 1970s and 1980s, create a perfect breeding ground for mold after roof leaks, plumbing failures, or wind-driven rain from tropical storms. Homeowners carry property insurance specifically to protect against these risks, yet many encounter a property insurance claim denial when they submit a mold damage loss. This guide delivers a strictly factual, Florida-specific roadmap—slightly favoring the policyholder—to help Tamarac homeowners understand their rights, the legal standards insurers must meet, and the steps to contest an unfair decision.

Sources include the Florida Department of Financial Services (DFS), the Florida Statutes, and published Florida appellate opinions. We purposely omit speculation and rely only on verifiable authority.

Understanding Your Rights in Florida

The Insurance Contract and the Implied Covenant of Good Faith

Your insurance policy is a contract governed by Florida law. Even if mold coverage is limited or has a sub-limit, the insurer must adjust your claim in good faith. Under Fla. Stat. § 624.155, policyholders may bring a civil remedy notice (CRN) if an insurer fails to settle claims “in good faith and with due regard for the interests of the insured.”

Key Time Frames Insurers Must Follow

• 14 days – Under Fla. Stat. § 627.70131(1)(a), an insurer must acknowledge receipt of the claim and begin investigation.

• 90 days – Per Fla. Stat. § 627.70131(7)(a), the insurer must pay or deny the claim in whole or in part. Failure without reasonable cause can trigger interest penalties.

• 2 years – Section 627.70152(3)(a) requires most residential property insurance lawsuits be filed within two years of the date of loss (for losses on or after July 1, 2021).

These statutory deadlines help level the playing field for homeowners coping with sudden mold growth that can worsen if remediation is delayed.

Statute of Limitations

Florida’s general contract statute of limitations, Fla. Stat. § 95.11(2)(e), sets a five-year limit to sue on a written contract. However, the two-year window in § 627.70152 supersedes for residential property claims, so act quickly.

Common Reasons Property Insurance Companies Deny Mold Damage Claims in Florida

1. Policy Exclusions or Sub-Limits

Many Florida homeowner policies contain a mold or “fungi” exclusion with a small sub-limit (often $10,000). Insurers may deny any amount above that cap, asserting the rest is excluded. Review the declarations page and endorsements to confirm whether an additional “Limited Fungi, Wet or Dry Rot, or Bacteria Coverage” endorsement was purchased.

2. Failure to Mitigate Damages

Under typical policy language modeled on ISO forms, insureds must take reasonable steps to prevent further damage. Carriers frequently deny claims alleging that the homeowner waited too long to dry affected areas or remove wet materials.

3. Gradual or Long-Term Leak Allegations

Policies often cover “sudden and accidental” discharges of water. Where moisture has existed for more than 14 days, many insurers cite the “constant or repeated seepage” exclusion to reject payment.

4. Late Reporting

Florida courts enforce prompt notice provisions. In Citizens Prop. Ins. Corp. v. Basallo, 274 So. 3d 527 (Fla. 3d DCA 2019), the court held that a three-year delay prejudiced the insurer. Tamarac homeowners should notify the carrier immediately after discovering mold.

5. Alleged Pre-Existing or Construction Defect Issues

Insurers may blame faulty stucco, aged roofs, or inadequate ventilation—risks typically excluded as “wear and tear” or “inherent vice”. Expert opinions can counter these arguments.

Florida Legal Protections & Regulations

Consumer Protections in Chapter 627

Chapter 627 of the Florida Statutes codifies many policyholder safeguards, including:

• § 627.428 – Allows a prevailing insured to recover reasonable attorney’s fees when a judgment is entered against the insurer (for policies issued before March 1, 2023).

• § 627.70131 – Sets the 90-day decision deadline and 14-day acknowledgment rule outlined above.

• § 627.70132 – Imposes a notice deadline for windstorm or hurricane claims; although not directly about mold, it can overlap when water ingress follows a storm.

Florida Administrative Code

Rule 69B-220.201 establishes ethical standards for adjusters, including the duty to handle every claim “with honesty and integrity”. If a company adjuster or independent adjuster violates these standards, you may report them to DFS.

Civil Remedy Notice (CRN) Process

Before filing a bad-faith lawsuit under § 624.155, a policyholder must submit a CRN through the DFS website. The insurer then has 60 days to cure the violation—typically by paying the covered loss—before bad-faith damages can accrue.

Recent Legislative Changes Affecting Mold Claims

Senate Bill 2-A (2022) amended § 627.70152 to tighten pre-suit notice rules. For claims denied after January 1, 2023, homeowners must serve a detailed pre-suit notice at least 10 business days before filing suit, attaching a paid or itemized repair invoice or estimate.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Written Denial Letter

Florida law entitles you to a written explanation. Under § 627.70131(7)(b), the denial must cite the specific policy language relied upon. If the carrier fails to provide this, request it in writing.

2. Organize Your Documentation

• Full policy (including endorsements)

• Proof of loss

• Photographs or videos of mold growth and water damage

• Moisture readings, air quality tests, and lab reports (if any)

• Receipts for emergency mitigation, such as dehumidifier rentals or professional drying services

• Correspondence with the insurer

3. Consider a Re-Inspection or Expert Opinion

Florida courts frequently accept independent expert reports. A licensed mold assessor (see Fla. Stat. § 468.8419) can conduct air sampling and infrared imaging to pinpoint hidden growth and moisture sources.

4. File a Complaint with the Florida Department of Financial Services

The DFS Division of Consumer Services offers free mediation and complaint resolution. Use the online portal (Florida CFO Consumer Services) to submit an insurance complaint. Include your policy number, claim number, and denial letter. DFS will contact the insurer and often elicit a faster review.

5. Demand Appraisal if Your Policy Allows

Many property policies contain an “Appraisal” clause to resolve disputes about the amount of loss. Appraisal is usually binding on valuation only, not coverage. Review your policy to see if appraisal can narrow the dispute.

6. Send a Pre-Suit Notice Under § 627.70152

If the insurer still refuses to pay, Florida law requires a detailed pre-suit notice describing the alleged breach and the amount in dispute. The insurer has 10 days to respond (or 30 days if alleging fraud).

7. File a Lawsuit Within Statutory Deadlines

Keep the two-year, and sometimes five-year, limitation periods in mind. Coordinate with a qualified Florida attorney to ensure timely filing.

When to Seek Legal Help in Florida

Complex Coverage Questions

Issues like concurrent causation—where wind, rain, and construction defects all contribute—often require legal interpretation. A licensed property insurance attorney can parse exclusions and endorsements.

Bad-Faith Conduct

Indicators include unreasonably lowball estimates, ignoring mold reports, or repeated document requests designed to delay. Filing a CRN may be the leverage you need.

Attorney Fee Provisions

Even though 2022 reforms curtailed one-way fee shifting for newer policies, many Tamarac residents still hold pre-2023 policies. Under § 627.428, an insurer may be required to pay your fees if you prevail.

Finding a Qualified Lawyer

Verify any lawyer’s license via the Florida Bar Lawyer Directory. Look for experience in mold and water damage litigation and familiarity with Broward County circuit courts.

Local Resources & Next Steps

City of Tamarac Building Department

Remediation often triggers permitting for drywall replacement or HVAC work. Contact Tamarac Building at (954) 597-3420 for inspection requirements.

Broward County Flood Maps

Although mold is not flood-specific, FEMA Flood Zone AE areas in western Tamarac suffer higher seepage risks after heavy rain. Review local maps at Broward County Flood Information.

DFS Mediation Program

Florida Statute § 627.7015 establishes voluntary mediation. DFS provides a neutral mediator at no cost for residential claims under $50,000. Call (877) 693-5236 to apply.

Public Adjusters

Florida licenses public adjusters under Fla. Stat. § 626.865. They can estimate mold remediation costs, but fees are capped at 20% of reopened or supplemental claims under § 626.854(11).

Authoritative External References

Florida DFS Consumer Services Portal Florida Statutes Chapter 627 – Insurance Rates and Contracts Florida Administrative Code Rule 69B-220 – Adjuster Standards Florida Bar – Find a Lawyer

Conclusion

Mold damage claims in Tamarac are uniquely challenging because of South Florida’s climate, older housing stock, and frequent storm activity. Yet Florida law equips homeowners with strong tools—strict claim-handling deadlines, DFS mediation, and potential attorney fee recovery—to fight unjust denials. By understanding the statutes, gathering documentation early, and consulting experienced professionals, Tamarac residents can turn a property insurance claim denial into a successful recovery.

Legal Disclaimer: This guide is for informational purposes only and is not legal advice. Consult a licensed Florida attorney regarding your specific circumstances.

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