Tequesta, Florida Property Insurance | Insurance Law Lawyer

Introduction: Why Tequesta Homeowners Need a Property Insurance Strategy

Nestled along the Loxahatchee River and just minutes from the Atlantic Ocean, the Village of Tequesta is a jewel of northern Palm Beach County. Yet its coastal location also exposes Tequesta homeowners to hurricanes, tropical storms, hail, and flooding. When a roof is ripped off or water intrudes through wind-driven rain, most residents rely on property insurance policies to pay for repairs. Unfortunately, many discover that the claims process can feel like a second disaster. Delays, lowball offers, or outright denials are common—especially after large-scale weather events that strain insurers’ resources.

This guide is written from the perspective of policyholders and is designed to help you understand Florida insurance law, the claim process, and your rights if you face a property insurance claim denial Tequesta Florida. Every section cites Florida-specific statutes, regulations, and procedures so you can confidently navigate the system or know when to bring in a Florida attorney. While no article can substitute for personalized legal advice, the information below will arm you with the essentials to protect your biggest investment—your home.

Understanding Your Property Insurance Rights in Florida

1. The Homeowner Claim Bill of Rights

Florida Statute § 627.7142 requires insurers to provide a concise “Homeowner Claim Bill of Rights” when a residential property claim is filed. Key provisions include:

• The right to receive acknowledgment of your claim within 14 days.

• The right to receive a decision—full payment, partial payment, or denial—within 90 days under § 627.70131.

• The right to free mediation by the Florida Department of Financial Services (DFS) for most disputed claims under § 627.7015.

2. Prompt Notice vs. Late Notice

Policyholders must give insurers “prompt notice” of a loss, but Florida law no longer specifies an exact number of days. Instead, courts balance the policyholder’s reasons for delay against any prejudice suffered by the insurer (see Zurich Am. Ins. Co. v. European Tile & Marble Group LLC, 2020). File as soon as safely possible to preserve your rights.

3. Statute of Limitations to File Suit

After reforms in 2021, lawsuits for property insurance disputes must be filed within two years of the date of loss. Supplemental or reopened claims must be filed within one year after you receive your initial payment or denial (Fla. Stat. § 95.11(10)). Missing this deadline can bar your claim completely.

4. The Right to Appraisal

Many policies include an appraisal clause. If you disagree over the amount of loss, either side can invoke appraisal—a binding process using neutral appraisers to resolve value disputes without litigation. Florida courts generally enforce appraisal clauses as a quick alternative to suit.

5. Attorney’s Fees and Bad Faith Remedies

Until recent legislative changes, policyholders often recovered prevailing-party attorney’s fees under § 627.428. While the statute has been limited for policies issued or renewed after December 16, 2022, fee shifting is still available in certain circumstances, and insurers remain liable for statutory bad faith damages under § 624.155 if they fail to settle claims fairly and promptly.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers may deny or underpay claims for a variety of reasons. Understanding these rationales helps you spot improper practices:

• Late Reporting – The company alleges you waited too long, claiming prejudice.

• Wear and Tear Exclusion – Damage is blamed on long-term deterioration instead of a sudden event.

• Pre-Existing Damage – Insurers argue the roof or plumbing already had issues.

• Water Damage from Flooding – Standard homeowner policies exclude flood; separate NFIP coverage is required.

• Partial Repairs Only – The insurer agrees to replace one roof slope, ignoring Florida’s matching statute (§ 626.9744) that may require uniform materials throughout.

• Misrepresentation or Fraud – The insurer accuses the homeowner of inflating the claim or hiding information.

• Failure to Mitigate – Policyholders must take reasonable steps (like tarping a roof) to prevent further damage. Failure can reduce payments.

If you receive any of these explanations, request them in writing and compare them against your policy language and Florida law. Many denials crumble under scrutiny.

Florida Legal Protections & Insurance Regulations

1. Regulatory Oversight

The Florida Office of Insurance Regulation (OIR) licenses insurers and approves policy forms statewide, while the Florida Department of Financial Services (DFS) handles consumer complaints and mediation.

2. Insurer Obligations Under § 627.70131

• Acknowledge receipt of a claim within 14 days.

• Begin an investigation within 10 business days of proof-of-loss documents.

• Render a coverage decision and pay undisputed amounts within 90 days.

3. DFS Mediation Program (§ 627.7015)

Mediation is free for residential property disputes up to any amount. Either party may request it after the claim. If the insurer fails to comply with mediation decisions or engages in delay tactics, this can form the basis of a bad faith action.

4. Assignment of Benefits (AOB) Restrictions

Effective July 1, 2019, Florida tightened rules for contractors taking an Assignment of Benefits. AOB agreements must be limited and cannot waive certain policyholder rights. Be cautious before signing any AOB; it may undermine your control of the claim.

5. Building Code Upgrades and Matching Statute

Under § 626.9744, when a contractor cannot match existing roofing or siding, insurers must pay to replace the entire area to achieve a reasonably uniform appearance. Palm Beach County’s strict wind-borne debris standards under the Florida Building Code often trigger this statute.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Read the Denial Letter Carefully

Insurers must cite specific policy provisions. Highlight each reason for denial.

Step 2: Gather Evidence

• Photos and video of damage.

• Receipts for emergency repairs.

• Inspection reports from independent adjusters or contractors.

• Correspondence with the insurer.

Step 3: Request a DFS Mediation

File the online application or call DFS at 1-877-693-5236. You’ll receive a mediation date in Palm Beach County, often within 30 days.

Step 4: Consider an Appraisal Demand

If your dispute concerns how much the loss is worth—not whether it is covered—invoke appraisal per the policy. Choose a local Tequesta contractor or public adjuster who understands South Florida construction costs.

Step 5: Send a Civil Remedy Notice (CRN) for Bad Faith

Under § 624.155, you must file a CRN via the DFS website and give the insurer 60 days to cure the violation. Failure to do so can open the door to extra-contractual damages.

Step 6: File Suit Before the Statute Expires

Coordinate with a licensed Florida attorney to file in Palm Beach County Circuit Court—usually required for disputes over $50,000—in advance of the two-year deadline.

When to Seek Legal Help in Florida

While many claims resolve without litigation, certain red flags signal the need for counsel:

• Complex Causation – Wind versus water, mold versus plumbing leak.

• Repeated Lowball Offers – Adjuster refuses to honor contractor estimates.

• Potential Bad Faith – Unjustified delays, lost documents, or intimidation.

• Coverage Exclusions – Insurer cites ambiguous language.

• Large Loss – Total roof replacement or extensive interior rebuild costs.

Florida attorneys must be members in good standing of the Florida Bar and adhere to the Rules Regulating The Florida Bar. Make sure your lawyer has experience in first-party property cases and is admitted in your judicial circuit.

Local Resources & Next Steps

Palm Beach County & Tequesta Contacts

• Tequesta Building Department – Permits & inspection records: 561-768-0450.

• Palm Beach County Clerk of Court – File lawsuits & access records.

• Florida DFS Consumer Helpline – 1-877-MY-FL-CFO (1-877-693-5236).

• Better Business Bureau South Florida – Check contractor credentials.

Checklist for Tequesta Homeowners

• Review your policy annually, especially hurricane and flood coverage.

• Document home condition with photos before storm season.

• Store important documents digitally and off-site.

• Keep the contact information of reputable roofers and water mitigation companies.

• Know your claim deadlines and rehearse your post-storm action plan.

By staying organized and proactive, you place yourself in the strongest negotiating position if disaster strikes.

Legal Disclaimer

The information in this guide is provided for educational purposes only and does not constitute legal advice. Laws change frequently, and the facts of every case are unique. Always 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.