Your Insurance Attorney: Miramar, Florida Property Insurance

Introduction: Property Insurance Challenges for Miramar Homeowners

Miramar, Florida sits on the eastern edge of Broward County, just minutes from the Atlantic coast and bisected by major arteries like the Florida Turnpike and I-75. While the city’s proximity to Miami–Fort Lauderdale brings economic opportunity, it also places Miramar homeowners squarely in the crosshairs of Atlantic hurricanes, tropical storms, and the heavy summer downpours that define South Florida living. According to the Florida Office of Insurance Regulation, Broward County ranks among the top five counties for property insurance claims in the state. When wind-driven rain breaches a roof in Silver Lakes, or an electrical surge from a lightning strike damages appliances in Sunset Lakes, homeowners naturally expect their property insurer to honor the policy they have dutifully paid for. Unfortunately, denials, delays, and underpayments remain common. This guide—written from a perspective favoring policyholders—explains what every Miramar resident should know about a property insurance claim denial in Miramar, Florida, highlights Florida-specific legal protections, and outlines practical steps to protect your home and your rights.

Understanding Your Property Insurance Rights in Florida

Key Statutory Rights

Florida’s Legislature codified a robust “Homeowner Claim Bill of Rights” in Florida Statutes § 627.7142. Among its protections:

• The right to receive acknowledgement of your claim within 14 days of submission.
• The right to receive a claim decision—payment or written denial—within 90 days, absent factors beyond the insurer’s control.
• The right to receive a detailed explanation when any part of a claim is denied or partially paid.

Separately, Florida Statutes § 626.9541 prohibits unfair claim settlement practices, including misrepresenting pertinent policy provisions, failing to conduct prompt investigations, or compelling litigation by offering substantially less than amounts ultimately recovered.

Statute of Limitations

Recent legislative reforms drastically shortened the window to sue an insurer. Effective 2023, Florida Statutes § 95.11(14)(a) sets a two-year statute of limitations from the date of loss for filing a lawsuit arising from a property insurance policy. Missing this deadline typically bars recovery, so Miramar homeowners must act quickly after a denial.

Deadlines to Notify the Insurer

• Initial notice: 1 year from date of loss (§ 627.70132).
• Reopened or supplemental claim: 18 months from date of loss.

These notice deadlines are separate from the two-year litigation deadline.

Right to Hire a Florida Attorney or Public Adjuster

Florida law allows policyholders to retain counsel of their choice. Any Florida attorney must be licensed and in good standing with The Florida Bar under Rules Reg. Fla. Bar 1-3.1. Public adjusters must hold a license issued by the Florida Department of Financial Services (Fla. Stat. § 626.865). Importantly, insurers cannot require you to use their preferred vendors.

Common Reasons Property Insurance Companies Deny Claims in Florida

While every policy is different, Miramar homeowners often encounter similar justifications for denial—some valid, others questionable.

1. Late Notice

Insurers frequently cite failure to report a loss “promptly.” Given Florida’s new strict deadlines, any delay past 1 year can be fatal, but some carriers deny even when notice is timely, arguing prejudice.

2. Wear and Tear Exclusions

Most policies exclude losses due to “wear and tear,” “deterioration,” or “maintenance.” Roof claims are prime targets: an adjuster may attribute hurricane-caused leaks to old shingles instead of wind uplift.

3. Water Damage Exclusions and Sublimits

Policies often cap or exclude water damage not caused by a sudden burst pipe. Denials cite seepage, long-term leaks, or mold.

4. Alleged Misrepresentation or Fraud

Under Fla. Stat. § 627.409, insurers may void a policy for material misrepresentation. Companies sometimes stretch this defense—such as alleging you understated square footage or failed to list an old claim—to avoid payment.

5. Failure to Mitigate

Policies require reasonable steps to prevent further damage (e.g., tarping a roof). Insurers may deny if they believe you waited too long to dry out the property, even when contractors were in short supply after a hurricane.

6. Disputed Causation

Florida’s sudden summer storms bring both wind and flood. Insurers may argue damage stems from flood (covered by NFIP) instead of wind (covered by your homeowner’s policy). Recent case law, including Citizens Prop. Ins. Corp. v. Kings Creek SC, LLC, 45 Fla. L. Weekly D1983 (Fla. 3d DCA 2020), highlights ongoing causation battles.

Florida Legal Protections & Insurance Regulations

Bad-Faith Remedies

If an insurer violates its duty of good faith, Florida Statute § 624.155 allows policyholders to file a civil remedy notice (CRN) with the Department of Financial Services (DFS). The insurer gets 60 days to cure. Failing that, you may sue for bad-faith damages in excess of policy limits, plus attorney’s fees.

Attorney’s Fees for Policyholders

Florida historically awarded prevailing policyholders “one-way” attorney’s fees under Fla. Stat. § 627.428. Recent reforms (SB 2-A, 2022 Special Session) eliminated the automatic fee shift for new policies issued after December 16, 2022, but policies predating that date may still permit recovery. Always review your effective policy dates.

Mandatory Appraisal & Mediation Programs

• Mediation: DFS offers free, optional mediation for residential claims under Fla. Admin. Code R. 69J-166.031. Either party may request mediation once the insurer issues a denial or offer.
• Appraisal: Many policies contain binding appraisal provisions to resolve valuation disputes. Florida courts, including State Farm Fla. Ins. Co. v. Sanders, 45 Fla. L. Weekly D1483 (Fla. 1st DCA 2020), enforce these clauses absent waiver.

Assignment of Benefits (AOB) Restrictions

Under the 2019 AOB reform (Fla. Stat. § 627.7152), contractors receiving an assignment must follow strict notice and reporting rules. Homeowners maintain the right to hire counsel directly and are no longer pressured to sign broad AOBs.

Regulatory Oversight

The Florida Office of Insurance Regulation (OIR) approves policy forms and rates, while DFS licenses adjusters and administers consumer complaints. Miramar policyholders can file complaints online via DFS Consumer Portal.## Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter in Detail

Insurers must provide specific policy language supporting denial. Compare that language to your declarations page and endorsements.

2. Gather and Preserve Evidence

• Photograph all damage from multiple angles.
• Keep receipts for emergency repairs.
• Retain correspondence with contractors and the insurer.

3. Request a Certified Copy of Your Policy

Under Fla. Stat. § 627.4137, insurers must provide a certified policy copy upon written request—essential for determining coverage.

4. Obtain an Independent Damage Estimate

A licensed public adjuster or construction professional can produce a line-item estimate that often dwarfs the carrier’s offer.

5. Utilize State-Sponsored Mediation

File a Request for Mediation through DFS within 60 days after the insurer’s written denial or offer. Mediation typically occurs at a neutral site in Broward County or virtually.

6. Serve a Civil Remedy Notice (If Appropriate)

If you suspect bad faith, submit a CRN via the DFS Civil Remedy System. Precise statutory violations must be listed; consult a Florida attorney for drafting.### 7. File Suit Within Two Years

Do not rely on ongoing discussions to toll deadlines. Suit must be filed in Broward County Circuit Court or U.S. District Court for the Southern District of Florida, depending on diversity and amount in controversy.

When to Seek Legal Help in Florida

You may handle small, straightforward claims alone. However, retaining counsel becomes critical when:

• The denial letter cites complex exclusions or alleged fraud.
• The disputed amount exceeds the deductible by thousands of dollars—common for roof or water-intrusion claims.
• The carrier is unresponsive past statutory deadlines.
• You face burdensome “examination under oath” (EUO) requests.

Florida attorneys typically work on contingency in property insurance disputes, advancing costs and receiving a fee only upon recovery. Verify the lawyer’s Florida Bar license via the Florida Bar Member Directory. Miramar residents often prefer firms with bilingual staff given the city’s vibrant Hispanic and Caribbean communities.## Local Resources & Next Steps

Broward County & Miramar Contacts

• Miramar Building Department – Permitting records, post-storm safety inspections.
• Broward County Property Appraiser – Historical property data useful in valuation disputes.
• South Florida Better Business Bureau – Vet contractors and public adjusters.

Statewide Assistance

• DFS Insurance Consumer Helpline: 877-693-5236.
• Florida Bar Lawyer Referral Service: 800-342-8011.

Checklist for Miramar Homeowners

• Report loss to insurer within 1 year.
• Secure property; document damage.
• Request full policy.
• Seek independent estimate.
• Consider DFS mediation.
• Consult counsel before the 2-year suit deadline.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change. 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.