Your Insurance Attorney: Property Insurance Sunrise, Florida

Introduction: Property Risks & Insurance Realities in Sunrise

Sunrise is a thriving suburban city in western Broward County, bordered by the Sawgrass Expressway to the west and only a short drive from Fort Lauderdale’s beaches to the east. While Sunrise is not directly on the coast, homeowners here still experience many of the same hazards that lead to steep premiums across South Florida: windstorms, torrential summer rains, lightning strikes, plumbing failures, and even the random kitchen fire. Most residents dutifully pay thousands of dollars each year to carriers such as Citizens, Heritage, or Universal in exchange for the promise that valid losses will be paid promptly and fully. Yet, every week, Sunrise homeowners type “property insurance claim denial sunrise florida” into Google because their insurers have refused to honor that promise.

This comprehensive guide—drafted from the viewpoint of your insurance attorney—explains the legal landscape that governs property insurance claims in Florida, highlights the most common reasons carriers deny legitimate claims, and details the steps Sunrise policyholders can take to challenge those denials. Throughout the article we cite only authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), published Florida court opinions, and The Florida Bar. Our slight bias is unapologetically in favor of protecting policyholders and their homes because, under Florida law, homeowners deserve a level playing field.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Law Enforces It

Every property insurance policy is a written contract. Under Fla. Stat. § 95.11(2)(b), Sunrise homeowners generally have five years from the date the insurer breaches that contract (usually by underpaying or denying) to file a lawsuit. This contractual framework gives you the right to pursue damages equal to the full value of the covered loss, as well as prejudgment interest and, in some circumstances, attorney’s fees.

2. Prompt Claims Handling Requirements

Florida imposes strict deadlines on insurers after you report a loss. Fla. Stat. § 627.70131(1)(a) requires carriers to acknowledge receipt of your claim within 14 days. Subsection (5)(a) further obligates the carrier to pay or deny the claim within 60 days after receiving a sworn proof-of-loss statement, unless factors outside its control reasonably prevent a decision. These time frames are critical ammunition when you are arguing that an insurer acted in bad faith.

3. The Right to a Complete, Unredacted Policy

Under Florida Administrative Code Rule 69O-166.030, insurers must provide policyholders with a certified copy of their policy on request. Never rely on summary documents; insist on the full policy and all endorsements so you know the scope of your coverage and exclusions.

4. The Right to Notice of Mediation and Appraisal

The Florida Department of Financial Services administers a free or low-cost mediation program for many residential property disputes. Your insurer must notify you of this option under Fla. Stat. § 627.7015. In addition, many policies contain an “appraisal” clause that allows either party to invoke a quasi-arbitration process to resolve the amount of loss. If your carrier refuses to pay what your contractor estimates, invoking appraisal may break the logjam without filing suit.

5. One-Year Statutory Deadline to Give Notice of Most Storm Claims

After sweeping reforms in December 2022, Fla. Stat. § 627.70132 now requires policyholders to provide notice of a property insurance claim within one year of the date of loss for hurricanes and all other weather-related events occurring on or after January 1, 2023. Reopened or supplemental claims must be filed within 18 months. Missing this notice window—even if the five-year litigation period has not run—can bar recovery, so act quickly.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged “Late Notice”

Carriers often contend that notice was not given “promptly” as required by policy language. Thanks to the one-year limit in § 627.70132, any delay is now more dangerous. Document the date you discovered the damage and the date you reported it. If a public adjuster or remediation company discovered hidden damage months after a storm, you may still have a persuasive argument that notice was timely under Florida case law holding that the clock starts when the damage is reasonably discoverable.

2. Pre-Existing or Wear-and-Tear Exclusions

Insurers commonly claim roof leaks result from age, deterioration, or prior repairs unrelated to the reported storm event. Florida courts place the burden on the carrier to prove an exclusion applies. Independent engineering reports, historical weather data for Sunrise, and drone imagery can help rebut these assertions.

3. Water Damage Exceeding 14 Days

Most Florida policies exclude coverage for water damage that occurs over more than 14 consecutive days. Carriers often stretch this exclusion beyond its intent. Collect moisture-mapping data and witness statements to prove when the leak was first observed.

4. Alleged Material Misrepresentation

If you mistakenly list the wrong date of loss or square footage, an insurer may accuse you of fraud and void the entire policy under Fla. Stat. § 627.409. However, the statute also requires the carrier to show that the misstatement was material and intentional. Simple clerical errors rarely meet that threshold.

5. Underestimation of the Cost of Repair

Even when coverage is accepted, vendors hired by the carrier—often using Xactimate prices below Sunrise market rates—may produce a lowball estimate. Sunrise homeowners routinely see denials for “below deductible” damages even though local contractors quote triple the amount. Obtaining an independent estimate is crucial.

Florida Legal Protections & Insurance Regulations

1. Bad-Faith Remedies Under Fla. Stat. § 624.155

If an insurer fails to settle when it could and should have done so, you may file a Civil Remedy Notice (CRN) with DFS. After the 60-day cure period expires, you can pursue a bad-faith lawsuit seeking damages beyond policy limits, including consequential damages and, occasionally, punitive damages.

2. Attorney’s Fees and Costs for Policyholders

Until 2022, § 627.428 virtually guaranteed a reasonable attorney’s fee award for policyholders who prevailed in court. The statute was replaced by § 627.4281, which limits fees in assignments of benefits but still preserves a fee shift in many first-party suits. Discuss with a Florida attorney whether the new rules apply to your claim.

3. Assignment of Benefits (AOB) Restrictions

Sunrise contractors used to take over claims by AOB, but reforms in 2019 (HB 7065) added strict notice, estimate, and cancellation requirements under § 627.7152. Homeowners retain the option to sign an AOB, yet doing so now involves more paperwork and shorter deadlines. Know that you do not have to sign an AOB for a vendor to begin emergency work.

4. DFS Mediation & Neutral Evaluation Programs

The Florida Department of Financial Services Consumer Services division offers free mediation for most residential property disputes up to $500,000. Statistics published by DFS show that more than 50 percent of mediated cases settle the same day. Neutral Evaluation is also available for sinkhole claims under § 627.7074.

5. Surplus Lines and Citizens Policies

Because many admitted carriers have left Florida, Sunrise homeowners may be insured with surplus-lines companies or Citizens Property Insurance Corporation. These policies come with unique notice requirements and caps on attorney’s fees. Citizens also enjoys certain statutory immunities, but the Florida Supreme Court has ruled that it can still be liable for breach of contract.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Read the Denial Letter Carefully

Florida law obligates carriers to state the specific policy provisions supporting a denial. Match each cited exclusion against the language in your policy. Highlight anything that looks inconsistent or inapplicable.

Step 2: Request the Claim File and All Adjuster Photographs

Under Florida Administrative Code Rule 69O-166.024, insurers must maintain a complete claim file and produce it upon written request. Seeing the adjuster’s raw notes and photos often reveals gaps in the investigation.

Step 3: Obtain Independent Estimates

Hire a licensed Sunrise contractor, roofer, or mold assessor for a second opinion. Provide them with your full policy so they understand any code-upgrade or matching-repair coverage, particularly relevant under § 626.9744 (the “matching statute”).

Step 4: Consider Invoking Appraisal or Mediation

If the dispute centers on price—not coverage—appraisal can be faster than litigation. File a written demand following the procedure in the Conditions section of your policy. If coverage is at issue, mediation with DFS is often more productive.

Step 5: File a Notice of Intent to Litigate (NOI)

Florida’s 2021 reforms added § 627.70152, requiring a Notice of Intent at least 10 business days before filing suit. The NOI must include an estimate of damages, supporting documents, and proof you completed pre-suit requirements such as appraisal or mediation if the policy mandates them.

Step 6: Preserve Evidence

Do not start demolition until you have photographed and, if possible, retained damaged materials. Courts can sanction homeowners for spoliation, so store roof tiles or pipe sections in your garage until the dispute ends.

When to Seek Legal Help in Florida

1. Complex Coverage Issues

Coverage disputes often hinge on technical interpretations of policy endorsements, flood vs. wind causation, or anti-concurrent causation clauses. A Florida attorney experienced in first-party property claims can spot arguments non-lawyers miss.

2. High-Dollar or Total-Loss Claims

If the carrier’s estimate is hundreds of thousands of dollars below your contractor’s bid—or if your home is uninhabitable—legal pressure may be the only way to obtain fair value quickly.

3. Suspected Bad Faith

Repeated delays, “lost” documents, or shifting explanations can signal bad faith. An attorney can draft a persuasive Civil Remedy Notice and, if necessary, litigate that claim.

4. Statute of Limitations Concerns

Because the litigation clock runs from the date of breach, not the date of loss, every day after a denial matters. Counsel ensures a lawsuit is filed well before § 95.11(2)(b)’s five-year deadline expires.

5. Navigating Recent Legislative Changes

The 2022 and 2023 reforms radically altered deadlines, fees, and notices. Retaining counsel reduces the risk of inadvertently forfeiting rights due to a missed procedural requirement.

Local Resources & Next Steps for Sunrise Homeowners

City and County Contacts

• City of Sunrise Building Division – For permit records and code-upgrade information (10770 West Oakland Park Blvd, Sunrise, FL 33351; 954-572-2354).

• Broward County Property Appraiser – Useful for historical property data that may rebut an insurer’s “pre-existing damage” claim.

State Agencies

DFS Consumer Services – File a complaint or request mediation. Florida Statute § 627.70131 – Timely claims handling requirements. Florida Statute § 627.70132 – One-year notice of claim rule.

Professional Help

• Licensed Public Adjusters – Paid a percentage of the recovery, they can manage the claim day-to-day.

• Florida-Licensed Contractors – Provide repair estimates that comply with the Florida Building Code adopted by Sunrise.

• First-Party Property Attorneys – Only lawyers licensed by The Florida Bar may provide legal advice or represent you in court. Verify a lawyer’s status at floridabar.org.

Record-breaking claim denials in recent hurricane seasons show that Sunrise homeowners must be proactive. Save every email, demand written explanations, and know that the law often sides with you—when you invoke it.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and each claim is unique. Sunrise homeowners should consult a qualified, licensed Florida attorney to obtain advice tailored to their 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.