Hurricane Damage Lawyers Guide: Property Insurance in Tamarac, Florida

Introduction: Why Tamarac Homeowners Need a Dedicated Guide

Living in Tamarac, Florida means enjoying beautiful canals, easy access to South Florida beaches, and a comfortable suburban lifestyle. Yet it also means sharing the state’s yearly anxiety about hurricane season. In the wake of storms like Hurricane Irma (2017) and Hurricane Ian (2022), Broward County residents filed thousands of property insurance claims—many of which were underpaid or denied outright. If you are a Tamarac homeowner staring at a denial letter, understanding Florida insurance law and your rights is critical. This guide—written with a slight bias toward protecting policyholders—explains how to navigate a property insurance claim denial tamarac florida, the legal tools available to you, and when to involve hurricane damage lawyers.

The information below is grounded in Florida statutes, Department of Financial Services (DFS) regulations, and authoritative court opinions. Because insurance law evolves rapidly, always verify current statutes and consult a licensed florida attorney before acting on any legal matter.

Understanding Your Property Insurance Rights in Florida

Key Contractual Rights

Your homeowner’s policy is a written contract. Under Florida law, insurers must honor the policy’s plain language and the duties of good faith and fair dealing. When a covered event—such as windstorm or wind-driven rain—damages your home, you have the right to:

• Prompt Acknowledgment – Fla. Admin. Code R. 69O-166.024 requires insurers to acknowledge receipt of your claim within 14 calendar days.

• Timely Investigation – Fla. Stat. § 627.70131(5)(a) mandates that an insurance company pay or deny a claim within 90 days after receiving notice, unless factors beyond its control exist.

• Fair Claim Handling – Section 624.155, Florida Statutes, allows policyholders to sue for bad faith if an insurer fails to settle claims honestly and fairly after liability becomes clear.

• Appraisal or Mediation – Most policies contain appraisal clauses; additionally, the DFS offers a free mediation program for hurricane claims under Fla. Stat. § 627.7015.

Time Limits to File Claims

Florida imposes multiple deadlines:

• Initial Notice of Claim – For hurricane or windstorm damage, Fla. Stat. § 627.70132 gives you two years from the date of loss to notify your insurer.

• Supplemental Claims – You have one year after the date you received your initial payment or denial to file additional claims for the same loss.

• Lawsuit Statute of Limitations – Under Fla. Stat. § 95.11(2)(e), you must sue an insurer for breach of a written contract within five years from the date of breach (often marked by the denial or underpayment).

Missing any of these deadlines can permanently bar recovery, so Tamarac homeowners should calendar them immediately.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely say “We don’t want to pay.” Instead, they rely on policy exclusions, technicalities, or documentation gaps. Below are recurring denial rationales experienced by tamarac homeowners:

1. Water Damage vs. Wind-Driven Rain

Many policies cover wind-driven rain but exclude water infiltration through existing roof leaks. Adjusters may claim pre-existing wear, leaving you to prove the hurricane opened the roof and allowed rain entry.

2. Flood Exclusion

Standard homeowner policies exclude storm surge or rising floodwaters. If the insurer blames flood, you must show wind created the damage first—a distinction litigated in cases like Sebastian v. State Farm Fla. Ins. Co., 46 So. 3d 977 (Fla. 4th DCA 2010).

3. Late Notice

Failure to report within policy timelines can be grounds for denial. However, under Fla. Stat. § 627.70132, “prejudice” must be shown by the insurer if notice is within two years for hurricane claims.

4. Insufficient Documentation

Photos, contractor estimates, and receipts are crucial. Without them, insurers may assert the damage was “cosmetic” or below the deductible.

5. Fraud or Misrepresentation Allegations

Any perceived exaggeration in your proof of loss can trigger policy-voiding accusations. Always provide accurate figures and rely on licensed professionals.

6. Concurrent Causation

Florida follows the “efficient proximate cause” doctrine. If both covered and excluded perils contribute to a loss, the dominant cause governs coverage. Insurers attempt to argue the excluded peril predominated.

Understanding these tactics empowers you to push back—preferably with legal help—before accepting defeat.

Florida Legal Protections & Insurance Regulations

Bad Faith Remedies

Section 624.155, Florida Statutes, permits civil actions when insurers do not attempt “in good faith to settle claims when, under all the circumstances, it could and should have done so.” You must first file a Civil Remedy Notice (CRN) with the DFS and give 60 days to cure. Failure to cure can open the door to extra-contractual damages, including attorney’s fees.

Attorney’s Fees and the One-Way Fee Statute

Historically, Fla. Stat. § 627.428 allowed policyholders who prevail in litigation to recover reasonable attorney’s fees. In 2022, reforms created § 627.70152 with a new fee-shifting formula, but homeowners still may recover fees when insurers act unreasonably. This statutory leverage often motivates faster, fair settlements.

Assignment of Benefits (AOB) Changes

Fla. Stat. § 627.7152 now limits contractors’ ability to take over claims through AOBs and caps their fee recovery. For homeowners, the shift reduces fraud risk but places more responsibility on you to manage the claim.

Florida Department of Financial Services Oversight

The DFS Consumer Services Division can investigate unfair claim practices and mediate disputes. Filing a complaint online is free and may pressure the insurer to reevaluate.

Regulations Governing Public Adjusters

Public adjusters, licensed under Fla. Stat. § 626.854, can charge up to 10% of hurricane claim proceeds when claims are made during the first year after the declaration of a state of emergency. They must adhere to ethical rules, including a 48-hour ban on soliciting victims immediately after a disaster.

Attorney Licensing Rules

Any lawyer who represents you in Florida courts must be a member in good standing of The Florida Bar. Contingency fee contracts are governed by Rule 4-1.5, Rules Regulating The Florida Bar, requiring a signed written agreement and a statement that the client may cancel within three business days.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Carefully

Identify every stated reason for denial. Under Fla. Stat. § 627.70131(7)(a), the insurer must provide a “reasonable explanation” in writing. Missing or vague explanations are grounds for complaint.

2. Gather Supporting Evidence

• Photos and videos of the damage pre- and post-remediation

• Roofing or general contractor estimates

• Meteorological data linking your loss to a named storm

• Receipts for emergency repairs (tarping, water extraction)

3. Request a Certified Copy of Your Policy

Florida law permits you to obtain the full policy, declarations page, and endorsements within 30 days of your written request.

4. Schedule an Independent Inspection

Hire a licensed public adjuster, engineer, or contractor to prepare an unbiased report. Their opinions often counter insurer engineers who minimize storm damage.

5. Use the DFS Mediation Program

If your insurer has not demanded appraisal, free mediation through the DFS can produce settlements without litigation. You or your representative must request mediation within 90 days of receiving the denial.

6. File a Civil Remedy Notice (If Applicable)

If you believe the insurer acted in bad faith, file a CRN through the DFS portal, detailing the statutory violations. The 60-day cure period starts upon filing.

7. Consult a Hurricane Damage Lawyer

A lawyer can evaluate coverage, negotiate with the insurer, and file suit if necessary—all while keeping track of statutory deadlines.

When to Seek Legal Help in Florida

While many Tamarac homeowners resolve claims independently, the following red flags call for immediate legal advice:

• Complete Denial based on exclusions you do not understand

• Underpayment offering less than repair or replacement cost

• Delays beyond 90 Days without adequate explanation

• Concurrent Causation Disputes involving wind vs. flood

• Suspected Bad Faith—lowball offers, ignored documentation, or hostile adjusters

An experienced florida attorney can file suit in Broward County Circuit Court or federal court (Southern District of Florida) depending on policy diversity and damages. Remember: the five-year statute of limitations runs from the breach date, not the storm date.

Local Resources & Next Steps for Tamarac Homeowners

Government & Regulatory Contacts

Florida Department of Financial Services Consumer Helpline – 1-877-693-5236 Broward County Consumer Protection Division City of Tamarac Building Department – for permits and post-storm inspections

Non-Profit Assistance

• Legal Aid Service of Broward County – Offers free or reduced-fee legal help to qualifying residents.

• United Way of Broward County – Disaster recovery grants for emergency home repairs.

Practical Checklist for Homeowners

• Document damage immediately after the storm.

• Report your claim within two years for hurricane losses.

• Store all communications in a dedicated folder or cloud drive.

• Get at least two independent repair estimates.

• Consult a lawyer if you sense unfair treatment.

By staying organized and proactive, Tamarac residents can transform a stressful denial into a successful recovery.

Legal Disclaimer

This guide provides general information for Tamarac, Florida homeowners. It is not legal advice. Laws change frequently, and the facts of every case differ. Consult a licensed Florida attorney before making legal or insurance decisions.

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