Wind Damage Claim Denied in Fort Lauderdale

A denied wind damage claim can feel like a second blow after a storm has already taken so much from you. Fort Lauderdale homeowners face this situation more often than they should — insurers routinely dispute, underpay, or outright deny legitimate claims following hurricanes, tropical storms, and severe thunderstorms. Understanding why claims get denied and what rights you have under Florida law is the first step toward recovering what you are owed.

Why Insurers Deny Wind Damage Claims in Florida

Insurance companies deny wind damage claims for a variety of reasons, some legitimate and many that are not. Knowing the common denial grounds helps you respond strategically rather than simply accepting the insurer's decision.

• Pre-existing damage: The insurer claims the damage existed before the storm, shifting responsibility away from the covered event.
• Maintenance exclusions: Companies argue that deterioration or lack of upkeep — not wind — caused the loss.
• Concurrent causation disputes: When wind and flood damage occur together, insurers frequently attribute losses to flooding, which may be excluded under standard homeowners policies.
• Improper documentation: Claims denied due to alleged failure to provide requested records or timely notice of loss.
• Causation disputes: The adjuster contests whether wind actually caused specific damage, often relying on a desk review rather than a thorough on-site inspection.
• Policy exclusions: Roof age limitations, cosmetic damage exclusions, or hurricane deductibles applied incorrectly.

In Broward County, where Fort Lauderdale sits squarely in the path of Atlantic storms, these disputes arise constantly. The 2004 and 2005 hurricane seasons, Hurricane Irma in 2017, and subsequent tropical systems have left thousands of policyholders battling their own insurance companies long after storms passed.

Florida Law Protections for Policyholders

Florida provides meaningful legal protections for homeowners whose claims are wrongly denied or delayed. These protections exist because the legislature recognized the significant power imbalance between large insurance companies and individual policyholders.

Florida Statute § 627.70131 requires insurers to acknowledge receipt of a claim within 14 days and make a coverage determination within 90 days of receiving proof of loss. Failure to meet these deadlines can itself constitute bad faith handling.

Florida's Bad Faith Statute (§ 624.155) allows policyholders to pursue claims against insurers who fail to attempt in good faith to settle claims when they could and should have done so. Before filing a bad faith lawsuit, you must serve a Civil Remedy Notice (CRN) on the insurer and the Department of Financial Services, giving the insurer 60 days to cure the violation. This notice requirement is a critical procedural step — missing it can forfeit your right to pursue bad faith damages.

Florida also permits policyholders to recover attorney's fees and court costs when they prevail against an insurer in a coverage dispute. This fee-shifting provision levels the playing field and makes it financially viable to challenge wrongful denials.

Note that Florida eliminated the one-way attorney fee provision for most new policies under HB 837 (2023). If your policy was issued or renewed after March 2023, consult an attorney about how this change affects your specific situation.

Immediate Steps After a Wind Damage Denial

Receiving a denial letter does not end your claim. The steps you take in the days and weeks following a denial can significantly affect your ability to recover compensation.

• Read the denial letter carefully. Identify the specific basis for denial. Insurers must state their reasons — vague denials are themselves a red flag.
• Review your policy language. Compare the stated denial reason against the actual policy provisions. Insurers sometimes misapply exclusions or misread coverage terms.
• Gather all documentation. Photographs of damage, contractor estimates, weather data confirming wind speeds in Fort Lauderdale during the storm, and your own maintenance records all matter.
• Request the insurer's complete claim file. Florida law entitles you to obtain the materials the insurer relied on to deny your claim.
• Do not make permanent repairs yet. Preserve the damaged condition for inspection. Document everything before completing any work, and keep receipts for emergency repairs made to prevent further damage.
• Consider an independent public adjuster. A licensed public adjuster works for you — not the insurer — and can assess the damage independently and help document losses.

The Appraisal Process as an Alternative to Litigation

Most Florida homeowners policies contain an appraisal clause. If you and your insurer disagree on the amount of loss (as opposed to whether coverage exists), either party can invoke appraisal. Each side selects a competent, disinterested appraiser. The two appraisers select an umpire. When two of the three agree, that figure becomes binding.

Appraisal can be a faster and less expensive route than litigation when the coverage dispute is about valuation rather than outright denial of coverage. However, it is important to understand that an insurer can still raise coverage defenses even after an appraisal award is entered, so appraisal is not always a complete solution on its own.

Timing matters. Florida courts have addressed disputes over when appraisal can be demanded and whether an insurer waives its right to appraisal by engaging in the claims process for too long. An attorney can help you evaluate whether invoking appraisal or pursuing litigation better serves your interests.

When to Involve a Property Insurance Attorney

Some situations call for legal representation from the outset. If your claim was denied outright, if the insurer is claiming fraud or misrepresentation, if there is a significant dollar amount at stake, or if the insurer has stopped communicating — you need an attorney.

Fort Lauderdale attorneys who handle property insurance disputes routinely take these cases on a contingency fee basis, meaning you pay nothing unless you recover. Given the fee-shifting statutes still available under policies issued before March 2023 and the complexity of post-HB 837 policies, understanding your fee arrangement upfront is essential.

Filing suit against an insurer for breach of contract — or for bad faith after completing the CRN process — can result in recovery of the full policy benefits, consequential damages in appropriate cases, and attorney's fees. Florida's five-year statute of limitations for breach of written contracts generally governs these claims, though policy provisions and recent legislative changes have introduced shorter contractual deadlines that require prompt attention.

Do not wait to seek legal advice. Evidence degrades, witnesses become harder to reach, and deadlines — both statutory and contractual — pass quickly after a storm event.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

Related Articles

• SSDI Trial Work Period: Florida Guide
• Insurance Delay Tactics in Fort Lauderdale, FL
• Hialeah Water Damage Lawyer: Know Your Rights