Bad Faith Attorney: Sarasota, Florida Property Insurance

Introduction: Why Sarasota Homeowners Need This Guide

Sarasota, Florida is known for its beautiful Gulf Coast beaches, historic neighborhoods such as Laurel Park, and the thriving arts district around downtown. Yet the same coastal charm that draws residents also exposes Sarasota homeowners to significant property risks: hurricanes, tropical storms, sinkholes, sudden wind gusts across Sarasota Bay, and even occasional wildfires in nearby Myakka River State Park. According to data published by the Florida Office of Insurance Regulation (OIR), property insurers paid out billions of dollars in wind and water claims after Hurricanes Irma (2017) and Ian (2022), with Sarasota County ranking among the top counties for reported losses in each event.

When those storms hit, homeowners look to the safety net they have been paying for—property insurance. Unfortunately, many Gulf Coast residents find themselves facing a property insurance claim denial or a drastically underpaid estimate. A denial can be devastating: roof tarps remain in place, mold may grow, and families can be displaced. Knowing your rights under Florida insurance law and understanding the tactics insurers sometimes use are crucial first steps toward a fair recovery.

This comprehensive guide—written from the perspective of a bad faith insurance attorney—covers every stage of the claim-denial process. It is geared specifically to Sarasota, Florida policyholders and follows the strict evidence rules set by Florida statutes and regulations. Reading it will help you:

• Identify common insurer defenses and how to counter them.

• Understand statutory deadlines, including the one-year notice requirement in Fla. Stat. § 627.70132.

• Decide when to file a civil remedy notice (CRN) for insurer bad faith.

• Locate local resources—from the Sarasota County Clerk to the Florida Department of Financial Services (DFS)—that can support your claim.

Most important, this guide is slightly biased in favor of policyholders. That means we emphasize practical tactics you can use to protect yourself against unfair practices. If your insurer has denied, delayed, or underpaid your claim, read on to learn the steps you can take today.

Understanding Your Property Insurance Rights in Florida

Key Policyholder Bill of Rights

Florida has one of the nation’s most robust statutory frameworks for policyholder protections. In 2014, the Florida Legislature codified the “Homeowner Claims Bill of Rights” in Fla. Stat. § 627.7142. Among its highlights:

• Insurers must acknowledge receipt of your claim within 14 days.

• Insurers must begin an investigation within 10 days of receiving your proof-of-loss statements.

• A coverage decision (full approval, partial approval, or denial) must be rendered within 90 days, or the insurer owes interest on the unpaid amount.

• You have the right to receive free mediation through the DFS under certain circumstances.

Independent of the Bill of Rights, Florida common law also imposes a fiduciary-like duty of good faith and fair dealing on insurers. When an insurer violates that duty—by unreasonably denying or delaying payment—the policyholder may seek extra-contractual damages in a bad faith action under Fla. Stat. § 624.155, after filing a Civil Remedy Notice (discussed below).

Statute of Limitations

The limitations period for most property-insurance lawsuits is five years from the date of breach, governed by Fla. Stat. § 95.11(2)(e) (actions on written contracts). However, recent reforms impose a separate notice of claim deadline on policyholders: under Fla. Stat. § 627.70132, you must give written notice of your property insurance claim within one year of the date of loss, and you must file any supplemental or reopened claim within 18 months. Failure to meet these notice requirements can bar recovery even though the five-year lawsuit window remains intact.

Right to Choose Your Own Contractor

While insurers may recommend preferred vendors, Florida law prohibits them from requiring you to use a particular contractor (see Fla. Stat. § 626.9744). Sarasota homeowners should select licensed, reputable contractors—ideally local roofers or water-remediation specialists familiar with Gulf Coast building codes.

Common Reasons Property Insurance Companies Deny Claims in Florida

Understanding the insurer’s rationale equips policyholders to counter it. Below are the most frequent bases for denial cited in complaints filed with the Florida DFS and in Sarasota County court dockets:

• Late Notice: The insurer asserts that you failed to report the claim within one year, contrary to Fla. Stat. § 627.70132.

• Wear and Tear Exclusion: Damage is attributed to age-related deterioration rather than a covered peril. Insurers often rely on engineering reports stating a roof was “beyond its useful life.”

• Poor Maintenance: Carriers argue that inadequate upkeep—like missing shingles before the storm—caused or contributed to the loss.

• Water Intrusion Exclusion: If water enters from wind-driven rain without an opening, some all-risk policies exclude coverage unless a storm-created opening is proven.

• Pre-Existing Damage or Prior Claim: Photos or claim history is used to say damage occurred long before the reported event.

• Fraud or Misrepresentation: Even an honest mistake on your proof of loss can be cited as grounds for rescission.

• Policy Lapse for Nonpayment: A brief lapse in premium payments can lead to full denial.

In practice, many of these reasons are litigated because they rely on subjective judgments by insurer-hired experts. A skilled Florida attorney can obtain competing expert opinions and use Florida evidence rules to challenge the insurer’s conclusions.

Florida Legal Protections & Insurance Regulations

Florida Department of Financial Services (DFS) Oversight

The DFS Consumer Services Division accepts complaints, mediates certain disputes, and enforces time-limit penalties. Homeowners can file a free consumer complaint through the DFS website (Florida Department of Financial Services Consumer Services).

Civil Remedy Notice (CRN)

Before initiating a bad faith lawsuit under Fla. Stat. § 624.155, you must file a CRN with the DFS giving the insurer 60 days to cure the violation. Failure to pay the full amount owed within 60 days opens the door to extra-contractual damages, including consequential losses and attorneys’ fees.

Attorney Fees & Offers of Judgment

Florida’s fee-shifting statute for property insurance claims, Fla. Stat. § 627.428, allows courts to award reasonable attorney fees when a judgment is entered in favor of the insured. Though recent reforms have narrowed fee recovery, prevailing policyholders who beat the insurer’s offer by specific percentages still qualify under Fla. Stat. § 768.79.

Licensing Requirements for Florida Attorneys

Any attorney representing you in a Florida property insurance matter must be a member in good standing of The Florida Bar. Out-of-state lawyers may appear only with court approval and in association with a Florida-licensed attorney (see Florida Bar Rule 1-3.10 for pro hac vice admission).

Hurricane & Catastrophic Loss Provisions

Special statutes apply to hurricane deductibles (Fla. Stat. § 627.4025) and mediation programs. After a named storm such as Ian, Sarasota homeowners can demand DFS-sponsored mediation—no attorneys required—before filing suit. Mediators cannot issue binding rulings, but settlements reached are enforceable.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Detailed Denial Letter

Under Fla. Stat. § 627.70131(5), insurers must explain the facts and policy provisions relied upon in denying a claim. Insist on a written explanation if the carrier provides only a generic denial.

2. Collect and Preserve Evidence

• Take date-stamped photos and videos of all damage areas.

• Secure receipts for emergency repairs made to protect the home (Fla. Stat. § 627.70131(1)(a) obligates policyholders to mitigate).

• Download NOAA storm data to prove weather conditions at the time of loss.

• Keep contractor and public adjuster reports.

3. Obtain an Independent Damage Estimate

Hire a licensed public adjuster or a reputable Sarasota contractor experienced with Florida Building Code 7th Edition (2023). Independent estimates often uncover damage overlooked by insurer-appointed adjusters.

4. File a Supplement or Re-opened Claim Within 18 Months

If new damage is discovered or you disagree with the insurer’s scope, submit a supplemental claim. Remember the 18-month deadline in Fla. Stat. § 627.70132.

5. Use the DFS Mediation or Appraisal Process

For claims under $100,000, policyholders can request state-sponsored mediation. Alternatively, many policies include an appraisal clause: each side chooses an appraiser, and together they select an umpire. Although appraisal is binding on the amount of loss, it does not determine coverage, so you can still litigate bad faith issues.

6. File a Civil Remedy Notice if Bad Faith Is Suspected

Describe the insurer’s specific statutory violations (e.g., failing to settle claims in good faith), attach supporting evidence, and file the CRN online. The 60-day cure period starts upon filing.

7. Consult a Bad Faith Insurance Attorney

The insurance company has an army of lawyers; you should not go it alone. Schedule a free consultation to evaluate deadlines, policy language, and litigation strategy.

When to Seek Legal Help in Florida

While many Sarasota homeowners start the claim process by themselves or with a public adjuster, certain red flags signal it is time to involve a Florida attorney:

• The insurer accuses you of fraud or misrepresentation.

• You receive a denial citing obscure policy exclusions you do not understand.

• Deadlines for filing suit or CRNs are approaching.

• The insurer requests an Examination Under Oath (EUO) and extensive financial records.

• You are offered a “take it or leave it” settlement far below independent estimates.

An attorney can:

• Depose the insurer’s adjusters and engineers.

• Invoke discovery to obtain internal claim-handling guidelines.

• Bring suit in Sarasota County’s Twelfth Judicial Circuit Court or federal court in the Middle District of Florida, depending on diversity and amount-in-controversy thresholds.

The sooner counsel is engaged, the easier it is to meet stringent statutory deadlines and preserve evidence.

Local Resources & Next Steps

Government & Non-Profit Resources

Florida Office of Insurance Regulation – Complaint data and consumer guides.

• Sarasota County Property Appraiser – Obtain property-record cards to verify square footage and prior permits.

• Sarasota County Clerk of Court – File small-claims lawsuits up to $8,000 without an attorney.

• Legal Aid of Manasota – Free or low-cost legal assistance for income-qualified residents.

Professional Help

• Licensed Public Adjusters (check accreditation on the DFS license portal).

• Structural Engineers experienced with wind uplift and saltwater corrosion.

• Local roofing contractors certified for FBC high-wind zones.

Checklists for Sarasota Homeowners

Before you conclude this guide, download and complete these quick checklists to protect your rights:

• Claim Documentation Checklist – Photos, receipts, estimates.

• Deadlines Calendar – One-year notice date, 18-month supplemental window, five-year lawsuit deadline.

• Contact List – Insurer claims desk, public adjuster, attorney, DFS mediation hotline.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change, and the application of law depends on specific facts. Consult a licensed Florida attorney to obtain advice 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.