Wind Damage Claim Denied in Florida? Here's What to Do

Florida homeowners in Pembroke Pines know all too well how destructive wind events can be. From tropical storms to full-scale hurricanes, wind damage can strip roofs, shatter windows, and leave homes uninhabitable. When you file a claim and your insurance company denies it, the frustration is compounded by financial stress and uncertainty. A denial is not the end of the road — it is often the beginning of a legal fight you can win.

Insurance companies operate as businesses, and their financial incentive is to pay out as little as possible. Denials are frequently issued on questionable grounds, and many policyholders do not realize they have the right to challenge those decisions aggressively. Understanding why claims get denied and what options exist under Florida law gives you a significant advantage.

Common Reasons Insurers Deny Wind Damage Claims

Before you can effectively fight a denial, you need to understand the insurer's reasoning. Insurers in Florida deny wind damage claims on a variety of grounds, some legitimate and many not.

• Pre-existing damage: The insurer argues that the damage existed before the storm event, meaning it is not covered under your policy.
• Wear and tear exclusion: The insurer classifies storm damage as general deterioration, which policies typically exclude.
• Causation disputes: The insurer contends that rain or flooding — not wind — caused the damage, shifting it toward a flood policy that many homeowners do not have.
• Late notice: The insurer claims you waited too long to report the damage, prejudicing their ability to investigate.
• Policy exclusions: Certain perils or structures may be excluded under your specific policy language.
• Insufficient documentation: The insurer denies due to a lack of supporting evidence from the homeowner.

Each of these grounds can be challenged. An experienced attorney can analyze the denial letter against your actual policy language and identify where the insurer has overstepped or misapplied the facts.

Florida Law Protections for Policyholders

Florida has some of the strongest consumer protections for insurance policyholders in the country. These laws exist precisely because insurers have historically taken advantage of homeowners after catastrophic storm events.

Under Florida Statutes Section 627.70131, insurers are required to acknowledge receipt of a claim within 14 days, begin investigating within 10 days of receiving proof of loss, and pay or deny the claim within 90 days. Violations of these timelines can constitute bad faith.

Florida's bad faith statute (Section 624.155) is a powerful tool. If an insurer fails to attempt in good faith to settle a claim when it could and should have, the policyholder can pursue extra-contractual damages beyond the original policy limits. This includes attorney's fees and potentially punitive damages in egregious cases. Filing a Civil Remedy Notice with the Florida Department of Financial Services is a prerequisite to pursuing a bad faith lawsuit and starts a 60-day cure period for the insurer.

Additionally, Florida law allows prevailing policyholders to recover attorney's fees from the insurer in coverage disputes. This means pursuing your claim through litigation does not require out-of-pocket legal costs in most cases — the insurer pays if you win.

Steps to Take After a Wind Damage Denial in Pembroke Pines

The actions you take immediately after receiving a denial can significantly impact the outcome of your dispute. Do not simply accept the insurer's decision and move on.

• Request the complete claim file: Florida law entitles you to the insurer's entire claim file, including adjuster notes, photographs, internal correspondence, and any engineering or inspection reports they relied on.
• Review your policy carefully: Obtain a complete copy of your homeowner's insurance policy and read the declarations page, coverage sections, and exclusions. Compare the denial letter's cited exclusions to the actual policy language.
• Document everything: Photograph all damage extensively. Preserve damaged materials rather than disposing of them. Maintain a record of all communication with the insurer, including dates, times, and the names of representatives you spoke with.
• Hire a licensed public adjuster or independent contractor: A public adjuster works on your behalf — not the insurer's — to assess damage and prepare a competing estimate. This can be critical when the insurer's adjuster has undervalued or ignored damage.
• Meet the policy deadlines: Most Florida homeowner policies require disputes to be resolved within a certain timeframe. Missing internal appeal or appraisal deadlines can waive your rights.
• Consult a property insurance attorney: Before accepting a partial payment or signing any release documents, speak with an attorney. Accepting a settlement check accompanied by a release may permanently bar future claims for the same damage.

The Appraisal Process in Florida Wind Damage Disputes

Many Florida homeowner policies include an appraisal clause — a dispute resolution mechanism that operates similarly to arbitration. If you and your insurer disagree on the amount of loss, either party can invoke appraisal. Each side selects a competent, independent appraiser, and those two appraisers agree on an umpire. The majority decision of the panel is binding.

The appraisal process is particularly useful in Pembroke Pines wind damage cases where the core dispute is over the dollar value of repairs rather than whether coverage applies at all. It is typically faster and less expensive than litigation, and Florida courts have consistently enforced appraisal awards. However, appraisal does not resolve coverage disputes — only amount disputes — so it cannot be used if the insurer is claiming your damage is entirely excluded from coverage.

An attorney can help you determine whether invoking appraisal is the right strategy given your specific denial, and can represent your interests throughout the appraisal process to ensure the panel receives all relevant evidence.

When to File a Lawsuit Against Your Insurance Company

Litigation is sometimes the only path to a fair recovery. Florida courts take insurance bad faith seriously, and insurers know that a determined policyholder represented by an attorney changes the risk calculus substantially.

A breach of contract lawsuit against your insurer asserts that they violated the terms of the policy by wrongfully denying or underpaying your claim. In Broward County, where Pembroke Pines is located, courts have extensive experience adjudicating wind damage coverage disputes. Expert testimony from engineers, meteorologists, and contractors is commonly used to establish that wind was the proximate cause of damage and that the insurer's denial was unfounded.

The statute of limitations for breach of a property insurance contract in Florida is generally five years from the date of loss under recent legislative changes, though specific policy language may impose shorter deadlines. Do not delay in seeking legal advice — evidence degrades over time, and missing a deadline eliminates your right to recover entirely.

If your claim was denied, underpaid, or delayed without a reasonable basis, you may also have a viable bad faith claim. Successful bad faith plaintiffs can recover consequential damages — costs you incurred as a direct result of the insurer's wrongful conduct — on top of the original covered loss.

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

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