Your Insurance Attorney: Property Insurance – Miami, Florida

Introduction

Few experiences are more stressful for Miami homeowners than discovering storm damage to their roof, burst pipes in a condo on Brickell Avenue, or a mold outbreak after a tropical downpour only to be told their insurance company will not pay. In South Florida’s hurricane-prone climate, property insurance is not a luxury—it is a lifeline. Yet policyholders from Coconut Grove to Little Haiti routinely face slow responses, lowball estimates, or outright denials. This guide—written with input from your insurance attorney team—explains how Florida law protects homeowners, which deadlines now apply, and how to fight a property insurance claim denial in Miami, Florida.

Our focus is on empowering owners of single-family homes, townhouses, and condominiums across Miami-Dade County. We cite only authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions of Florida courts. Whether your loss was caused by Hurricane Irma, a kitchen fire in Wynwood, or a plumbing leak in Coral Gables, the steps below will help you make informed decisions, preserve your rights, and, when necessary, partner with a qualified Florida attorney to compel the insurer to honor its promise.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Courts Enforce Contracts

When you purchase a homeowners or condominium unit-owners policy, you enter a legally binding contract. Under Florida contract law, insurers must perform as promised once covered damage occurs. If they fail to do so, you may sue for breach under Fla. Stat. § 95.11(2)(e), which generally provides a five-year statute of limitations for breach of a property insurance contract.*

2. The Homeowner Claims Bill of Rights

The Florida Legislature created a “Homeowner Claims Bill of Rights,” codified in Fla. Stat. § 627.7142. Key protections include:

• The insurer must acknowledge receipt of your claim within 14 days.

• The insurer must pay or deny the claim—or provide a written decision—within 90 days after notice, unless factors beyond its control prevent it.

• You have the right to receive a reasonable explanation of any claim denial or partial payment.

• You may participate in a free mediation program administered by DFS before suing.

3. Time Limit to Report a Claim

In late 2022, the Legislature amended Fla. Stat. § 627.70132. Miami homeowners now have:

• 1 year from the date of loss to give their insurer written notice of a new or reopened claim.

• 18 months from the date of loss to file a supplemental claim.

Failing to give timely notice can be fatal to recovery, so mark these deadlines on your calendar the day damage occurs.

4. The Insurer’s Duty of Good Faith

Florida recognizes an implied covenant of good faith and fair dealing in every insurance contract. If an insurer acts unreasonably—such as by delaying payment without justification—you may file a civil remedy notice under Fla. Stat. § 624.155 and later pursue a bad-faith lawsuit seeking damages beyond the policy limits.

5. Attorney’s Fees for Prevailing Policyholders

Although the fee statutes have evolved, prevailing policyholders can, in some situations, recover reasonable attorney’s fees. For lawsuits filed after December 2022, the one-way attorney-fee statute was largely repealed for new policies; however, fees may still be available under fee-shifting proposals or when suing under older policies in effect before the statutory change. A knowledgeable insurance attorney can analyze whether fee recovery is possible based on policy date and cause of action.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely say, “We just don’t want to pay.” Instead, they cite policy language or procedural shortcomings. Below are the most frequent denial reasons Miami practitioners see:

• Late Notice – Reporting the claim after the one-year statutory window or policy deadline.

• Wear and Tear Exclusion – Arguing that roof leaks or pipe deterioration are due to age rather than a sudden event.

• Flood vs. Wind Disputes – Claiming storm surge, not wind, caused the damage (especially for homes near Biscayne Bay).

• Failure to Mitigate – Alleging you did not make reasonable temporary repairs or protect the property from further harm.

• Pre-Existing Damage – Maintaining that the damage existed before the policy’s effective date.

• Policy Misrepresentation – Contending that material facts were misrepresented during underwriting.

• Water Damage Limitations – Relying on policy caps or exclusions for water damage not caused by a sudden discharge.

• Non-payment of Premium – Claiming the policy had lapsed for failure to pay by the due date.

Because these grounds often rely on technical interpretations and incomplete investigations, many denials crumble once confronted with evidence and Florida case law.

Florida Legal Protections & Insurance Regulations

A. Florida Department of Financial Services (DFS) Oversight

DFS regulates insurer market conduct. Through its Division of Consumer Services, homeowners can request mediation or file a complaint. The mediation program is free for claims up to $100,000 and frequently results in settlements without litigation.

Contact DFS: Florida DFS Consumer Helpline.

B. Statutory Deadlines & Obligations

• 14-Day Acknowledgment – Fla. Stat. § 627.70131(1)(a).

• Insurer Inspection – Must occur within a reasonable time under § 627.70131(3).

• 90-Day Decision – § 627.70131(7)(a) requires insurers to pay or deny within 90 days.

• Proof-of-Loss Requirement – Policies may require a sworn proof-of-loss within 60 days; courts enforce such conditions precedent.

• Appraisal Clause – Many Florida policies mandate appraisal to resolve amount-of-loss disputes; the process is binding but limited to valuation, not coverage.

C. Miami-Dade County Building Code & Enforcement

The Florida Building Code, enhanced for High Velocity Hurricane Zones (HVHZ), applies to Miami-Dade and Broward Counties. Post-loss repairs often must meet strict wind-resistance standards, increasing costs. Under § 627.7011, insurers must pay to bring property to current code if the policy includes ordinance or law coverage—common in Miami due to HVHZ requirements.

D. Assignment of Benefits (AOB) Restrictions

Because AOB abuse contributed to litigation spikes, Florida enacted § 627.7152 limiting rights contractors receive via AOB agreements. Homeowners still retain full rights to pursue claims directly without AOB complications.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter in Detail

Florida law obligates the insurer to provide a written explanation referencing specific policy language. Make sure the letter cites the exact exclusion or condition.

2. Obtain a Certified Copy of the Full Policy

You are entitled to a complete copy, including all endorsements. Many disputes hinge on endorsements added at renewal.

3. Gather and Preserve Evidence

• Date-stamped photographs or drone footage showing roof damage.

• Receipts for emergency repairs (tarps, water extraction).

• Invoices from local contractors familiar with Miami’s HVHZ code.

• Weather reports confirming wind speeds in your ZIP code.

4. Secure an Independent Estimate

Hire a licensed public adjuster or general contractor unaffiliated with the insurer. Compare their scope with the insurer’s.

5. File a Complaint or Request Mediation with DFS

DFS mediation often resolves disputes within 30 days. If mediation fails, you may still litigate.

6. Send a Statutory Civil Remedy Notice (If Appropriate)

A Civil Remedy Notice (CRN) under § 624.155 gives the insurer 60 days to cure its bad-faith conduct. Filing a CRN is a prerequisite to a bad-faith lawsuit.

7. Consult a Qualified Insurance Attorney

Deadlines move quickly. An attorney can analyze coverage, draft a proof-of-loss, and, if necessary, file suit in Miami-Dade Circuit Court before the statute expires.

When to Seek Legal Help in Florida

Although many claims settle without litigation, the following red flags suggest you should call a Florida attorney immediately:

• The insurer refuses to acknowledge wind damage despite multiple expert reports.

• Total denial relies on policy exclusions you believe do not apply.

• You received a partial payment far below repair costs.

• Depreciation was applied even though you have replacement cost coverage.

• The insurer threatens to rescind the policy or accuse you of fraud.

Under Florida Bar rules, only lawyers licensed by The Florida Bar may provide legal advice. Verify the attorney’s standing and disciplinary history before retaining counsel.

Local Resources & Next Steps

A. Government and Non-Profit Assistance

• DFS Miami Service Office – 401 NW 2nd Ave., Suite N417, Miami, FL 33128.

• Miami-Dade Consumer Protection – Offers guidance on contractor fraud.

• Legal Services of Greater Miami – Free civil legal aid for qualifying residents facing wrongful claim denials.

B. Community Experts

Reputable public adjusters, roofers certified under Miami-Dade Notice of Acceptance (NOA), and forensic meteorologists familiar with local weather patterns can strengthen your case.

C. Checklist for Miami Homeowners

• Report new losses within 1 year.

• Photograph damage and keep receipts.

• Demand written explanations for any denial.

• Request DFS mediation promptly.

• Track the five-year lawsuit deadline under § 95.11(2)(e).

• Consult an attorney before signing any global release.

Short Legal Disclaimer

This guide is for informational purposes only and is not legal advice. Laws change, and every claim is fact-specific. Consult a licensed Florida attorney regarding your individual situation.

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

Additional Authorities:

Fla. Stat. § 627.70132 – Claim Notice Deadlines

DFS Division of Consumer Services

Fla. Stat. § 624.155 – Civil Remedy