Attorney for Claim Denial – Property Insurance Lauderhill

Introduction: Why Lauderhill Homeowners Need This Guide

Lauderhill, Florida sits in central Broward County, only a few miles inland from the Atlantic Ocean. Residents enjoy warm weather year-round, but the same subtropical climate also brings severe thunderstorms, tropical storms, and hurricanes that can damage roofs, windows, and interiors. Because the median home value in Lauderhill is lower than nearby Fort Lauderdale, many owners rely on property insurance to protect what is often their single largest investment. Unfortunately, insurers deny or underpay legitimate claims every day, leaving Lauderhill homeowners scrambling for funds to repair wind, water, or fire damage.

This location-specific legal guide explains how Florida insurance law works, the most common reasons insurers deny property claims, and the precise steps you can take after a denial. The content is written with a Policyholder-First perspective: you paid premiums in good faith, so the carrier should honor its contractual obligations. If the company refuses, Florida law gives you powerful tools to fight back—including attorney fees in some circumstances, statutory deadlines that keep the insurer accountable, and access to state-sponsored mediation. Read on to understand your rights and protect your Lauderhill home.

Understanding Your Property Insurance Rights in Florida

Key Contractual Rights

Every homeowner policy issued in Florida is a contract. That contract typically includes:

• Coverage A (Dwelling): Pays to repair or rebuild the structure.

• Coverage B (Other Structures): Fences, sheds, and detached garages.

• Coverage C (Personal Property): Contents such as furniture and electronics.

• Coverage D (Loss of Use): Additional living expenses (ALE) if the house is uninhabitable.

Under Florida Statutes §627.70131, an insurer must acknowledge receipt of your claim within 14 days. The carrier then has 90 days to pay, deny, or partially pay the claim, unless conditions outside its control prevent a decision. If it misses the 90-day deadline, the company may owe interest to you.

Statute of Limitations for Lawsuits

Even though you should notify your carrier promptly, you generally have five years from the date of breach to sue for unpaid benefits (Florida Statutes §95.11(2)(e)). For hurricane or windstorm losses, however, you must provide notice to the insurer within one year of the date of loss under §627.70132. Failing to give notice within that timeframe can bar recovery. Therefore, act quickly and document everything.

Right to Independent Experts

You are entitled to hire a public adjuster, contractor, or engineer to document damage. Florida Administrative Code Rule 69B-220 sets ethical standards for public adjusters, but it also affirms their right to negotiate on your behalf.

Right to Attorney Fees (Limited)

For policies issued before December 16, 2022, a homeowner who successfully sues for wrongfully denied benefits may recover reasonable attorney fees from the insurer under the prior version of §627.428. Policies issued after that date may be governed by §627.70152, which still allows fees in certain situations if the carrier did not act in good faith. Consult a licensed Florida attorney to see which statute applies to your policy.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Reporting

Insurers often assert that damage was not reported “promptly.” While policies require timely notice, neither Florida law nor most policies define an exact number of days. Courts focus on whether the delay prejudiced the insurer’s investigation. If you have a reasonable explanation—such as discovering hidden water damage months later—an attorney can argue the delay was not prejudicial.

2. Wear and Tear Exclusions

Carriers may blame roof leaks on “age-related deterioration” to avoid paying. Yet a covered peril (for example, wind uplift that breaks the roof membrane) frequently exacerbates pre-existing wear. Under Florida’s concurrent cause doctrine, if a covered peril contributes to the loss, the entire claim may be covered.

3. Water Damage Time Limits

Most policies limit coverage for water leaks that occur over more than 14 days. Insurers use this to deny plumbing claims, alleging a “continuous” leak. Detailed plumbing reports and moisture-mapping can refute this.

4. Misrepresentation or Fraud Accusations

Some insurers rescind coverage by claiming the homeowner inflated the estimate. Florida law requires insurers to prove intentional misrepresentation. Honest mistakes in scope or pricing do not constitute fraud.

5. Insufficient Documentation

If you submit only photographs without expert reports or repair invoices, the carrier might say the damage pre-dated the policy. Maintaining thorough records can defeat this excuse.

6. Managed Repair Programs

Some companies force policyholders into vendor networks. If you decline, they may deny certain benefits. You have rights—Florida regulators scrutinize these programs for unfair trade practices.

Florida Legal Protections & Insurance Regulations

The Florida Insurance Code

Florida Statutes Chapter 627 governs property insurance. Sections worth knowing include:

• §627.70131: Prompt claim handling requirements.

• §627.7142: Homeowner Claims Bill of Rights, delivered after you file a claim.

• §627.70152: Notice of Intent to Initiate Litigation (10-day pre-suit letter).

• §624.155: Bad-faith actions against insurers that fail to settle fairly.

Florida Department of Financial Services (DFS)

The DFS Consumer Services Division offers free mediation for disputed claims under policies issued in Florida. You file a request online; the insurer must attend. Many disputes settle here, saving months of litigation.

DFS also regulates adjusters. If an insurer’s representative acts unfairly, you can file a complaint with DFS; the company must respond within 20 days.

Broward County Requirements

Lauderhill falls under Broward County building codes, which incorporate the High Velocity Hurricane Zone (HVHZ) portions of the Florida Building Code. If your roof was damaged and code upgrades are required, Ordinance or Law Coverage in your policy may pay for the extra cost.

Appraisal Provision

Many Florida policies contain an appraisal clause—an out-of-court process where each side selects an appraiser, who in turn pick an umpire to determine the amount of loss. Appraisal is binding on amount, but not on coverage issues. Courts in the Fourth District Court of Appeal (which covers Broward County) routinely compel appraisal when invoked correctly.

Attorney Licensing & Ethics

Any lawyer who represents you in a Florida insurance dispute must be licensed by The Florida Bar. Rule 4-1.5 of the Rules Regulating The Florida Bar governs fees. Contingency fee agreements must be in writing, signed by both attorney and client, and provide a three-day cancellation window.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter in Detail

The insurer must state the specific policy language and factual basis for denial. Compare the cited exclusions with the actual cause of damage. Take note of any deadlines for internal appeals.

2. Gather and Preserve Evidence

• Photograph every area of damage, including close-ups and wide-angle shots.

• Save receipts for emergency repairs (tarps, water extraction).

• Obtain a detailed estimate from a licensed general contractor or public adjuster who serves Broward County.

3. Request the Complete Claim File

Under §626.9541(1)(i)3.c, an insurer must provide you with copies of all claim-related documents upon written request. This can reveal internal reports that contradict the denial.

4. File a Consumer Complaint with DFS

Submit Form DFS-I0-1606 online. The insurer will have 20 days to explain its position to regulators.

5. Consider Mediation

DFS mediation is free for residential claims under $500,000. If you select mediation within 60 days of the denial, the insurer must participate.

6. Send a Notice of Intent to Initiate Litigation (NOI)

For policies governed by §627.70152, a NOI is mandatory at least 10 days before filing suit. Attach an estimate of damages and your demand. The insurer has 10 business days to respond with a settlement offer.

7. File Suit if Necessary

If negotiations fail, your attorney can file a breach-of-contract action in Broward County Circuit Court (17th Judicial Circuit). Service of process generally occurs through Florida’s e-Portal for registered insurers, speeding up litigation.

When to Seek Legal Help in Florida

Indicators You Need an Attorney

• The denial letter cites complex policy exclusions (anti-concurrent causation, water seepage limits).

• Your estimated damages exceed $25,000.

• You suspect the insurer acted in bad faith—delays, lowball offers, or misleading statements.

• You are unfamiliar with court procedures and deadlines.

Benefits of Hiring a Florida Attorney

A licensed Florida attorney can:

• Issue subpoenas for engineering reports and underwriting files.

• Depose the insurer’s adjusters under oath.

• Pursue bad-faith damages beyond policy limits under §624.155.

• Negotiate faster settlements backed by the possibility of fee-shifting.

Remember, under contingent fee arrangements, you pay nothing upfront. Fees come from settlement proceeds or, in some cases, directly from the insurer.

Local Resources & Next Steps

Government & Non-Profit Resources

Florida Department of Financial Services Consumer Services – File complaints, request mediation, and access consumer guides. Broward County Property Appraiser – Obtain property record cards and aerial imagery to prove the pre-loss condition of your home. Florida Statute §627.70132 – One-year notice requirement for hurricane and windstorm claims.

Professional Contacts

• Licensed public adjusters familiar with Lauderhill’s building codes.

• Roofing contractors certified for HVHZ installations (required in Broward County).

• Water-remediation firms that provide detailed moisture-mapping reports admissible as evidence.

The Florida Bar Lawyer Referral Service to verify attorney credentials.

Your Action Plan

• Read your policy and the denial letter side-by-side.

• Document every communication with the insurer in writing.

• Schedule a free consultation with an attorney who focuses on property insurance claim denial Lauderhill Florida cases.

• Preserve damaged materials until the insurer completes an inspection—or until your attorney advises otherwise.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and the application of those laws depends on specific facts. Always consult a licensed Florida attorney before taking legal action.

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