Denied Property Insurance? Tequesta, Florida Guide & Rights

Introduction: Why a Local Guide Matters to Tequesta Homeowners

Nestled between the Loxahatchee River and the Atlantic, the Village of Tequesta, Florida boasts picturesque waterfront homes, mid-century ranch properties, and new construction in gated communities like Heritage Oaks and Riverside Oaks. While the scenery is serene, living in northern Palm Beach County means exposure to tropical storms, hurricanes, and sudden downpours that can leave roofs leaking, seawalls crumbling, and interiors water-soaked. As any longtime resident knows, having the right property insurance is essential—but even the best policy can feel useless when an insurer denies or underpays a legitimate claim.

This comprehensive guide—written with a slight bias toward protecting policyholders—explains Florida-specific insurance laws, common insurer tactics, and actionable steps for property insurance claim denial Tequesta Florida situations. Whether your condo on Village Boulevard sustained water intrusion, or your single-family home off Tequesta Drive experienced wind damage, understanding your rights under Florida insurance law is your first line of defense.

The information below draws only from authoritative sources such as the Florida Department of Financial Services, the Florida Statutes, published Florida court opinions, and other reputable legal publications. It is organized so that Tequesta residents can move quickly from understanding core rights to deciding whether—and when—to consult a Florida attorney.

1. Understanding Your Property Insurance Rights in Florida

1.1 The Policy Is a Contract—And Florida Courts Enforce It

Under Florida law, your homeowners or commercial property insurance policy is a written contract. Section 95.11(2)(b), Florida Statutes, gives you five years from the date of breach to file a lawsuit for breach of that contract, meaning if your carrier rejects or underpays your claim, you usually have up to five years to sue. Doing nothing, however, can weaken evidence and negotiating leverage, so prompt action remains critical.

1.2 Florida’s Homeowner Claim Bill of Rights

Enacted in 2014, Section 627.4171 requires insurers to provide a “Homeowner Claim Bill of Rights” whenever a policyholder files a residential property claim. Key takeaways:

• 14-day acknowledgment – The insurer must confirm it received your claim within 14 days.

• 30-day status update – Within 30 days of proof-of-loss submission, the carrier must give you a written update if the claim is denied or remains under investigation.

• 90-day decision deadline – Carriers generally have 90 days from receiving notice of loss to pay, deny, or partially pay.

1.3 Two-Year & One-Year Deadlines for Hurricane and Windstorm Claims

Section 627.70132 now requires that initial or reopened hurricane, windstorm, and other weather-related claims be reported within two years of the date of loss; supplemental claims must be filed within one additional year. Failing to comply could bar recovery, so document damages quickly—especially after hurricanes like Ian or Nicole that produced storm surge along Jupiter Inlet and Tequesta’s shoreline.

1.4 Right to Independent Appraisal & Mediation

If your policy contains an appraisal clause, you may trigger a neutral appraisal process before litigation. Additionally, the Florida DFS Mediation Program (Rule 69J-166.031, Florida Administrative Code) offers free or low-cost mediation for residential property disputes under $100,000—an option many Tequesta homeowners overlook.

2. Common Reasons Property Insurance Companies Deny Claims in Florida

2.1 Late Reporting

Insurers often deny claims by arguing they were reported outside notice deadlines (see 627.70132). Even non-hurricane losses—like a broken water line in a North Tequesta townhouse—can be contested if the insurer claims you waited too long and deprived them of a timely inspection.

2.2 Alleged Pre-Existing or Long-Term Damage

Florida’s humid climate causes gradual deterioration, and insurers may label roof leaks as “wear and tear.” Distinguishing new hurricane or wind damage from old deterioration typically requires an engineer or roofing expert. Photographs, maintenance records, and Tequesta’s building permits can rebut the carrier’s position.

2.3 Failure to Mitigate

Policyholders have a duty to mitigate under most policies and under Section 627.70131(2), Florida Statutes. Insurers frequently deny claims if homeowners did not use tarps, extract water, or board windows after loss. Yet, mitigation does not mean permanent repairs—only reasonable steps to limit damage.

2.4 Policy Exclusions and Anti-Concurrent Causation

Many Florida policies exclude flood, earth movement, or mold unless carefully endorsed. Insurers may invoke “anti-concurrent causation” clauses to deny coverage if an excluded peril contributed to the loss. A roof torn off by wind but subsequently flooded can trigger this argument. Courts, including Sebastian v. The Hartford, 271 So. 3d 1160 (Fla. 5th DCA 2019), have wrestled with these clauses—highlighting the need for legal analysis.

2.5 Allegations of Fraud or Misrepresentation

Carriers may void coverage alleging inflated estimates or false statements. In practice, even unintentional mistakes can be weaponized against policyholders, so double-check all proof-of-loss forms.

3. Florida Legal Protections & Insurance Regulations

3.1 “Bad Faith” Remedies Under Section 624.155

If an insurer acts unreasonably—delaying payment or failing to settle claims—Section 624.155 allows policyholders to file a Civil Remedy Notice (CRN). After the 60-day cure period, you may pursue a bad-faith lawsuit seeking damages beyond policy limits. Florida Supreme Court decisions such as Talat Enters. v. Aetna, 753 So. 2d 1278 (Fla. 2000), outline strict compliance rules, so drafting the CRN correctly is paramount.

3.2 Prompt Pay Statute (627.70131)

Under revisions effective January 1, 2023, insurers must pay undisputed amounts within 60 days of receiving a sworn proof of loss. Failure to comply may subject the carrier to interest penalties—a strong lever when negotiating settlements.

3.3 Assignment of Benefits (AOB) Restrictions

Tequesta homeowners sometimes sign AOB agreements with roofers or water-restoration firms. Florida’s 2019 AOB reform (Section 627.7152) imposes disclosure and notice requirements intended to curb abuse. Understanding these rules protects homeowners from inadvertently handing over control of their claims.

3.4 Attorney Fee Shifting—Still Possible, But Limited

Historically, Section 627.428 allowed policyholders who prevailed in court to recover attorney fees. SB 2-A (2022 Special Session) repealed that provision for policies issued or renewed after December 16, 2022. Some older Tequesta policies may still qualify, but new claims must rely on other fee-shifting avenues like proposals for settlement or bad-faith actions.

3.5 Licensing of Florida Attorneys

Only lawyers admitted by The Florida Bar may give legal advice or represent clients in Florida courts. Out-of-state lawyers need a motion under Florida Rule of General Practice and Judicial Administration 2.510 (pro hac vice). Always verify your lawyer’s license and disciplinary history on The Florida Bar’s website.

4. Steps to Take After a Property Insurance Claim Denial in Florida

• Review the Denial Letter Thoroughly Identify every policy provision cited. Carriers often quote exclusions out of context; read the entire policy, including endorsements and the declarations page.

• Request the Claims File Florida Administrative Code 69B-220.201 permits you to request a copy of the adjuster’s notes, engineer reports, and photographs. Written requests create a paper trail.

• Document the Loss Take high-resolution photographs, video walkthroughs, and drone footage of roof or exterior damage. Obtain expert reports from a licensed public adjuster or structural engineer familiar with Tequesta’s CBS construction styles and coastal building codes.

• File a Supplemental Claim or Reopen If new damage emerges or the carrier underpaid, file a supplemental claim within two years of the loss (for hurricane/wind) or the time allowed under your policy.

• Consider DFS Mediation or Appraisal Mediation is nonbinding but can spur settlement. Appraisal, if demanded, leads to a binding award unless fraud or procedural defects are proven.

• Preserve Evidence and Deadlines Calendar the five-year statute of limitations (95.11) and two-year hurricane deadline (627.70132). Missing either can bar a lawsuit.

5. When to Seek Legal Help in Florida

5.1 Complexity and High Dollar Amounts

If your repair estimate exceeds $25,000—or involves multiple exclusions, anti-concurrent causation clauses, or engineering disputes—legal counsel can level the playing field. Tequesta homes frequently surpass this threshold due to high property values.

5.2 Signs Your Insurer Is Acting in Bad Faith

• Repeated requests for the same documents

• Changing reasons for denial

• No response within statutory time limits

5.3 Disputes After Appraisal

Appraisal awards can be challenged on narrow grounds, but doing so requires litigation expertise. A Florida attorney can assess whether the award is enforceable.

5.4 How Contingency Fees Work Post-SB 2-A

Most property insurance lawyers still handle denials on a contingency basis, meaning no fees unless they recover funds. However, without automatic fee shifting, percentages may be higher (often 25–35%). Always review the retainer agreement for costs and litigation expenses.

6. Local Resources & Next Steps for Tequesta Homeowners

6.1 Palm Beach County Agencies

• Palm Beach County Division of Emergency Management – Disaster preparedness and sandbag distribution.

• Village of Tequesta Building Department – Permit histories and inspection reports helpful in proving prior condition.

• Palm Beach County Property Appraiser – Historical aerial imagery to document pre-loss roof condition.

6.2 Statewide Assistance

Florida DFS Consumer Helpline – File complaints and inquire about mediation. Office of Insurance Regulation Consumer Resources – Insurer financial strength ratings.

6.3 Community Preparedness

Tequesta’s proximity to the Jupiter Inlet means storm surge risk. Keep elevation certificates, photos, and receipts in a digital cloud so records survive any catastrophe. Consider joining local CERT (Community Emergency Response Team) programs to stay informed.

Legal Disclaimer

This guide provides general information about Florida property insurance law and does not constitute legal advice. Laws change, and every claim is fact-specific. Consult a licensed Florida attorney before taking action.

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