Longwood, Florida Property Insurance Denial Guide: Attorney Tips

Introduction: Why This Guide Matters to Longwood Homeowners

Longwood, Florida may be a small Seminole County city, but its homeowners face the same hurricanes, tropical storms, sinkholes, and sudden plumbing failures that plague every corner of the Sunshine State. When disaster strikes, you rely on your property insurer to step up quickly. Unfortunately, many policyholders discover that filing a claim is only half the battle; securing payment can be far more difficult. If you are dealing with a property insurance claim denial Longwood Florida residents know all too well, this guide is designed for you.

Below, you will find a clear, Florida-specific roadmap explaining your statutory rights, the most common reasons insurers deny or undervalue claims, and concrete steps you can take—on your own or with a Florida attorney—to protect your home, your finances, and your peace of mind. The guide uses authoritative Florida sources and focuses on empowering Longwood homeowners with practical, homeowner-friendly advice.

Understanding Your Property Insurance Rights in Florida

1. The Florida Homeowner Claims Bill of Rights (Fla. Stat. §627.7142)

After you report a residential property claim, Florida law requires your insurer to provide a one-page summary of your rights within 14 days. Key highlights include:

• The insurer must acknowledge your claim in writing within 14 days.
• An adjuster must begin to investigate promptly.
• You are entitled to receive full settlement payment—or written denial—within 90 days, as long as you have submitted a proof-of-loss when required.
• If the company fails to meet these deadlines without good cause, you may recover interest and, in some instances, attorney’s fees.

2. Statute of Limitations to File a Lawsuit

Effective March 2023, Fla. Stat. §95.11(2)(e) provides a one-year deadline from the date of loss to file suit on new or reopened residential property insurance claims (18 months for supplemental claims). Missing this window can bar recovery, so mark your calendar the day the loss occurs.

3. The Right to Attorney’s Fees and Costs

Under Fla. Stat. §627.428 (for older policies) and the successor fee-shifting provisions for policies issued before 12/16/22, if the policyholder wins more than the insurer’s pre-suit offer, the court may award reasonable attorney’s fees. While recent reforms limit when fees are available, they still apply to many existing Longwood policies.

4. The Right to Mediation

The Florida Department of Financial Services (DFS) offers a free mediation program under Fla. Admin. Code R. 69J-166.031. Either party may request mediation once the claim is denied or if you dispute the settlement amount. Participation can speed up resolution without formal litigation.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Insurers frequently argue that you failed to provide “prompt notice.” In Florida, courts look at whether the delay prejudiced the insurer—not merely how many days passed. Document every call and email to show diligence.

2. Policy Exclusions

Typical exclusions used against Longwood homeowners include:

• Wear and tear: Central Florida’s humid climate accelerates roof aging, and insurers often label storm damage as “pre-existing.”
• Water seepage over 14 days: If a leak is deemed “constant or repeated,” the carrier may refuse coverage.
• Earth movement: Sinkhole losses may be denied unless you carry optional sinkhole coverage or meet the strict testing rules in Fla. Stat. §627.706.

3. Misrepresentation or Alleged Fraud

If the insurer claims you “inflated” the loss or misrepresented facts, they may void the entire policy. Always provide truthful, carefully documented information.

4. Insufficient Documentation

Submitting incomplete repair estimates, photographs, or sworn proof-of-loss forms can trigger a denial or delay. Organize evidence early, including receipts for temporary repairs and personal property inventories.

5. Policy Lapses or Underpayment of Premium

Storm season runs June–November. If you missed a premium payment and the insurer sent a 10-day notice of cancellation, they may deny coverage. Verify all billing records.

Florida Legal Protections & Insurance Regulations

1. Prompt Pay Statute (Fla. Stat. §627.70131)

This law mandates that insurers:

• Acknowledge receipt of a claim within 14 days.
• Begin investigation within 10 days after proof of loss is received.
• Pay or deny the claim—or a portion of it—within 90 days.

Failure to comply can lead to penalties through DFS’s Division of Consumer Services.

2. Claim Communication Standards

Fla. Admin. Code R. 69B-220.201 sets ethical requirements for adjusters, banning them from advising you to accept inadequate offers or to drop claims.

3. Bad-Faith Remedies (Fla. Stat. §624.155)

If the insurer acts with reckless disregard for your rights—such as ignoring evidence of covered damage—you may file a Civil Remedy Notice with DFS. After a 60-day cure period, you can sue for extra-contractual damages.

4. Licensing Rules for Florida Attorneys

Only lawyers admitted to The Florida Bar may represent you in state courts. Check the lawyer’s discipline history using the Bar’s “Find a Lawyer” feature.### 5. Assignment of Benefits (AOB) Reform

Under 2019 and 2022 legislation, contractors who accept an AOB must follow strict notice and pre-suit requirements. If you sign an AOB, you surrender some rights, so consult counsel first.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Carefully

Florida insurers must cite policy language supporting their decision. Highlight each cited exclusion or condition.

2. Gather and Preserve Evidence

• Photographs: Take dated, high-resolution photos of all damage.
• Video walkthrough: Record the entire property.
• Estimate comparisons: Secure at least two independent contractor bids.

3. Request a Certified Copy of Your Policy

Under DFS regulations, the carrier must provide a copy at no cost upon written request.

4. File a Notice of Dispute

Send a detailed letter (via certified mail) disputing the denial. Attach evidence and request reconsideration.

5. Explore DFS Mediation or Neutral Evaluation

DFS Consumer Services will schedule a mediator within 21 days after both parties agree. Many Longwood residents resolve disputes here without litigation.### 6. Send a Civil Remedy Notice (If Applicable)

If you suspect bad faith, file a Civil Remedy Notice through the DFS portal (CRN filing system). The insurer then has 60 days to cure the violation.### 7. Prepare for Potential Litigation

Should mediation fail, preserve your right to sue within the one-year statute of limitations. Retain all correspondence, expert reports, and repair invoices.

When to Seek Legal Help in Florida

1. Complex or High-Dollar Claims

Roof replacements in Longwood average $15,000–$30,000, and full interior water losses can exceed $100,000. Insurers fight large payouts aggressively; so should you.

2. Allegations of Fraud or Misrepresentation

These accusations can void coverage entirely. A Florida attorney can respond to Examination Under Oath (EUO) requests and protect you from self-incrimination.

3. Repeated Lowball Offers

If multiple estimates confirm higher damages than the insurer’s payment, counsel can invoke appraisal or file suit.

4. Looming Statute of Limitations

With just one year to sue, procrastination can be fatal to your claim.

How Attorneys Are Paid

Most property insurance lawyers work on contingency, advancing costs and collecting fees only if they recover funds for you. Discuss fee agreements in writing and confirm compliance with Florida Bar Rule 4-1.5(f).

Local Resources & Next Steps

City of Longwood Contacts

• Longwood Building Division: (407) 260-3462 – Obtain repair permits or inspection records.
• Seminole County Property Appraiser: (407) 665-7506 – Access property data for valuation disputes.

State Agencies

Florida DFS Consumer Helpline: 1-877-693-5236Florida Homeowner Claims Bill of Rights (PDF)

Checklist Before You Call an Attorney

• Collect your denial letter and policy declarations page.
• Create a digital folder of photos, videos, and receipts.
• Write a timeline of all communication with the insurer.
• Request a free consultation—most reputable firms in Seminole County offer one.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim is unique. Consult a licensed Florida attorney for advice about your specific situation.

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