Your Insurance Attorney: Property Insurance Miramar, Florida

Introduction: Why Miramar Homeowners Need to Know Their Rights

Miramar, Florida sits in the heart of Broward County, just a short drive from both Fort Lauderdale and Miami. Its location between the Atlantic Ocean and the Everglades means that residents enjoy warm weather year-round, but it also puts local homes directly in the path of Atlantic hurricane seasons, heavy summer thunderstorms, and the occasional tropical tornado. From Hurricane Irma in 2017 to the record-breaking rainfall event that soaked Broward County in April 2023, Miramar homeowners understand that property damage is not a question of if but when. Having insurance is therefore essential—but successfully collecting on a policy can feel like an uphill battle.

Florida leads the nation in insurance litigation. According to data released by the Florida Office of Insurance Regulation, more than 75% of the nation’s property-insurance lawsuits are filed here, even though Florida accounts for only about 9% of all U.S. property-insurance claims. Why? Because insurers frequently deny, delay, or underpay legitimate claims, pushing policyholders to seek legal help. If you are facing a property insurance claim denial in Miramar, Florida, this guide explains the laws that protect you, the most common excuses insurers use to refuse payment, and the concrete steps you can take—up to and including hiring your insurance attorney—to fight back.

Understanding Your Property Insurance Rights in Florida

The Insurance Policy as a Contract

Under Florida law, a homeowners or commercial property insurance policy is a written contract. When you pay premiums, the insurer promises to reimburse you for covered losses. If the company fails to keep that promise, you may sue for breach of contract. Florida Statutes §95.11(2)(e) generally gives policyholders five years from the date of loss to file a breach-of-contract lawsuit against the insurer. Separate notice requirements—discussed below—may apply to hurricane or windstorm damage.

Florida’s Homeowner Bill of Rights

Adopted in 2014 and codified in part at Florida Statutes §626.9641, the Homeowner Claim Bill of Rights requires insurers to:

• Acknowledge receipt of a new claim within 14 calendar days (Fla. Stat. §627.70131(1)(a)).

• Inspect the damaged property in a reasonable time frame.

• Pay or deny a claim (in whole or in part) within 90 days unless factors beyond the insurer’s control make that impossible (§627.70131(7)(a)).

• Explain in writing the specific policy provisions on which a denial or partial denial relies.

If the insurer violates any of these duties, you may file a Civil Remedy Notice with the Florida Department of Financial Services (DFS) as a prerequisite to a bad-faith lawsuit under §624.155.

Special Deadlines for Hurricane & Windstorm Losses

For hurricane or windstorm damage, Florida Statutes §627.70132 requires policyholders to give notice of the claim within three years of the date the storm makes landfall. A reopened or supplemental claim involving the same storm must also be filed within that three-year window.

Right to Legal Counsel

Florida residents can retain a licensed Florida attorney to negotiate, mediate, or litigate their property insurance dispute. All practicing attorneys must be members in good standing of The Florida Bar and comply with the Rules Regulating The Florida Bar, including Rule 4-5.5 on the unauthorized practice of law.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers almost always cite a contractual or technical reason for denying or underpaying a claim. Knowing these tactics helps you gather the right evidence and counter their arguments.

Water Damage Classified as “Excluded” Flood Policies typically cover sudden, accidental discharge of water (e.g., a burst pipe) but exclude flood damage. After heavy rain, insurers often argue that water entered the property from the ground up and is therefore flood-related. Detailed photos, meteorological data, and moisture-mapping can rebut this. Wear-and-Tear or Pre-Existing Damage The carrier may claim the roof, plumbing, or electrical system was already deteriorated before the claimed event. Independent expert inspections and maintenance records can demonstrate the true, sudden cause. Late Notice If you waited months to report the loss, the insurer may assert “prejudice” because it could not promptly inspect the damage. Yet Florida courts require insurers to prove actual prejudice. Providing a reasonable explanation (e.g., evacuation, family emergency) can salvage the claim. Alleged Policy Misrepresentation Carriers sometimes rescind a policy, alleging you misstated square footage, roofing materials, or prior claims on the application. Under §627.409, rescission is allowed only if the misstatement is material to the risk or contributed to the loss. Improper or Incomplete Proof of Loss Most policies require a sworn proof of loss form. Technical defects—missing signatures, incorrect dates—are common grounds for denial. A public adjuster or attorney can help prepare an accurate document and timely submit supplements.

Because these denial reasons appear legitimate on first glance, many miramar homeowners give up. Do not. Florida law provides powerful remedies.

Florida Legal Protections & Insurance Regulations

Civil Remedy Notice & Bad-Faith Claims

When an insurer acts unfairly—such as failing to settle when liability is clear—policyholders may file a Civil Remedy Notice (CRN) under §624.155. The carrier then has 60 days to cure the violation by paying the claim. Failure to do so opens the door to a bad-faith lawsuit, where damages may exceed policy limits and include attorney’s fees.

Attorney’s Fees & “One-Way Fee” Statute

Florida Statutes §627.428 (now §627.70152 for residential property claims filed after 2021) allows a prevailing insured to recover reasonable attorney’s fees from the insurer. In other words, hiring counsel often costs you nothing up front. If the insurer settles or loses, it pays your legal fees.

Mandatory Pre-Suit Notice and Appraisal

Before filing a lawsuit, §627.70152 requires policyholders to provide at least 10 days’ notice using DFS Form DFS-10-363. Some policies also contain an appraisal clause, a form of binding alternative dispute resolution. While appraisal can resolve pricing disputes quickly, insurers sometimes weaponize it to delay payment. Consulting counsel ensures the process is not used against you.

Assignment of Benefits (AOB) Limitations

Florida law now restricts post-loss AOBs (§627.7152), requiring specific language and a 14-day rescission period. Understanding these limits protects you from contractors who might compromise your claim.

Department of Financial Services Mediation

The DFS administers a free, non-binding mediation program for residential property claims under §627.7015. Either party can request mediation once the claim is denied or payment is disputed. Many Miramar residents successfully use mediation to obtain prompt settlements without litigation.

For more details, visit the DFS mediation page: DFS Residential Mediation Program.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully Identify the exact policy provisions the insurer is citing. Florida law requires specificity, so vague references may itself signal bad faith. Collect and Preserve Evidence Photograph all damage, keep repair estimates, and retain receipts. If restoration work is urgent (e.g., water mitigation), document each step to prove reasonableness and necessity. Request a Certified Copy of the Policy Under §627.4137, the insurer must provide a certified policy within 30 days of your written request. Comparing the policy to the denial letter often reveals unfair or erroneous interpretations. File a Supplement or Reconsideration If you have new evidence, submit a supplemental claim. Many carriers improve offers when presented with contractor reports or engineering opinions. Consider DFS Mediation Mediation is free, usually scheduled within 21 days of request, and statistically resolves about 40% of disputes. Serve a Civil Remedy Notice (If Appropriate) A CRN starts the 60-day cure clock. File electronically on the DFS website (Civil Remedy Notice Portal). Consult a Qualified Florida Attorney An attorney can analyze coverage, prepare pre-suit notice, and, if necessary, file suit in Broward County Circuit Court (which has jurisdiction over Miramar property disputes exceeding $30,000).

When to Seek Legal Help in Florida

While some claims resolve through self-advocacy, certain red flags suggest it is time to call your insurance attorney:

• The carrier fails to pay undisputed amounts within 90 days.

• The adjuster minimizes roof damage as “cosmetic.”

• You receive a Reservation of Rights letter.

• The insurer demands an Examination Under Oath (EUO) without clear rationale.

• The carrier invokes appraisal but refuses to name a competent, impartial appraiser.

An experienced florida attorney can:

• Hire independent engineers, roofers, and water-mitigation specialists.

• Draft and file the 10-day pre-suit notice required by §627.70152.

• Negotiate settlements that include depreciation, overhead, and profit.

• Litigate in state or federal court (Southern District of Florida) if necessary.

Because attorney’s fees shift to the insurer if you prevail, most reputable firms work on a contingency basis—no recovery, no fee.

Local Resources & Next Steps

Miramar Building Department

Before starting repairs, check permit requirements with the City of Miramar Building Division. Proper permits support your claim by proving code compliance.

Broward County Official Records

If you need historical permits or prior inspection reports, the Broward County Records, Taxes & Treasury Division maintains searchable archives.

Florida CFO Consumer Help Line

The DFS Consumer Helpline (1-877-693-5236) answers insurance questions and opens complaints against insurers. More information: DFS Consumer Services.

Checklist for Miramar Homeowners

• Notify your insurer within 24 hours of discovery, if possible.

• Take at least 10 wide-angle and 10 close-up photos.

• Keep a damage diary: dates, phone calls, claim numbers.

• Request a certified policy copy.

• Secure at least two licensed contractor estimates.

• Consult legal counsel if the process stalls beyond 30 days.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and their application depends on specific facts. Always consult a licensed Florida attorney regarding your particular situation. If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.