Your Insurance Attorney: Property Insurance Guide – Marathon, Florida

Introduction: Why Marathon, Florida Homeowners Need a Focused Guide

Nestled midway along the Florida Keys, Marathon, Florida is a boating and fishing paradise—but its coastal beauty comes with a heightened risk of wind, flood, and hurricane damage. Whether you live in a stilted half-duplex on Coco Plum Drive or a canal-front home in Key Colony Beach, you probably count on your homeowners or windstorm policy to rebuild after the next tropical threat. Unfortunately, many Marathon homeowners discover only after a storm that insurance carriers do not always pay what they promised. Because Florida has its own complex set of insurance statutes, regulations, and court decisions, a claim that seems straightforward can quickly become contentious. This guide—written with a slight bias toward protecting policyholders—explains your rights under Florida insurance law, outlines common denial tactics, and gives clear, actionable steps to fight a property insurance claim denial in Marathon, Florida.

Every paragraph below relies on vetted sources such as the Florida Department of Financial Services, the Florida Statutes, and published opinions from Florida courts. We leave speculation at the door and focus on what the law actually says. Use this information to level the playing field when you square off against a multibillion-dollar insurer.

Understanding Your Property Insurance Rights in Florida

Key Statutory Rights

Florida homeowners are protected by an array of statutes designed to curb bad-faith conduct and to promote quick claim resolution:

• Florida Homeowner Claim Bill of Rights (Fla. Stat. § 627.7142) – Requires insurers to acknowledge and respond to communications, provide substantive claim decisions within 90 days, and outline the policyholder’s right to mediation.

• Prompt Notice Deadlines (Fla. Stat. § 627.70132) – New or reopened claims must be reported within two years of the date of loss; supplemental claims have three years.

• Statute of Limitations on Lawsuits (Fla. Stat. § 95.11(2)(e)) – You generally have five years from the date the insurer breaches the contract to file suit for unpaid benefits. (The notice deadlines above are separate and shorter.)

• Bad-Faith Remedy (Fla. Stat. § 624.155) – If an insurer does not attempt to settle fairly and honestly, a policyholder may pursue extra-contractual damages after filing a Civil Remedy Notice.

Contractual Rights Inside the Policy

Beyond statutes, your policy itself is a contract that confers additional rights, for example:

• The right to receive an itemized explanation of benefits and deductions.

• The right to appraisal if either party disputes the amount of loss (commonly invoked in windstorm and roof-damage claims).

• The right to hire, at your own expense, a public adjuster or Florida attorney to represent your interests.

Because policies differ, read the declarations page, the insuring agreement, and any endorsements that apply to Monroe County windstorm risks.

Statutory Duties of Policyholders

Florida law also places responsibilities on you:

• Give prompt notice and take reasonable steps to protect the property from further damage (e.g., tarp a roof).

• Keep receipts and photos documenting expenses and damage.

• Cooperate with reasonable insurer requests, including an Examination Under Oath (EUO) if demanded (Fla. Stat. § 626.9541(1)(i)).

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice

After the 2021 amendments to § 627.70132, insurers increasingly deny claims as "untimely." They point to the two-year reporting window, even when homeowners first discovered hidden damage months later. Courts examine whether the late notice actually prejudiced the carrier; however, the burden to overcome the presumption of prejudice now falls on you.

2. Wear, Tear, and Maintenance Exclusions

Roof claims dominate the Florida litigation docket. Carriers often assert shingle damage stems from "age-related deterioration" rather than a covered wind event. In Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016), the Florida Supreme Court held that insurers bear the initial burden of proving an exclusion applies, but you must then show an ensuing covered peril caused a separate loss.

3. Flood vs. Wind

Because Marathon homes are low-lying, disputes over whether surge (excluded) or wind (covered) caused the damage are common. Mixed-peril arguments frequently appear after hurricanes such as Irma (2017) and Ian (2022). Under Florida’s concurrent causation doctrine, if two perils contribute and one is covered, the entire loss may be covered unless the policy includes an enforceable anti-concurrent-causation clause.

4. Misrepresentation or Fraud Allegations

Carriers sometimes cite alleged "material misstatements" in the application or claim documentation to void a policy. Florida Statute § 627.409 allows rescission only if the misrepresentation is material and would have altered the insurer’s risk decision.

5. Failure to Mitigate or Document Damages

If you discard wet drywall before an adjuster sees it, an insurer might claim spoliation of evidence. Detailed photos and receipts can thwart this tactic.

Florida Legal Protections & Insurance Regulations

Regulatory Oversight

The Florida Office of Insurance Regulation (OIR) licenses insurers and approves rates and policy forms. Meanwhile, the Department of Financial Services (DFS) operates a consumer helpline (1-877-MY-FL-CFO) and the mediation program specified in Fla. Stat. § 627.7015.

Civil Remedy Notice (CRN)

Before suing for bad faith, policyholders must file a CRN with DFS, giving the insurer 60 days to cure. Failure to cure opens the door to damages exceeding policy limits, including attorneys’ fees, per Fla. Stat. § 624.155.

Attorneys’ Fees & Fee Shifting

Under Fla. Stat. § 627.428 (for older claims) and its successor § 627.70152 (for newer claims), if a Florida attorney obtains any judgment in your favor, the court may require the insurer to pay reasonable attorneys’ fees. This one-way fee statute is a critical policyholder tool, though recent reforms have narrowed its reach for policies issued after December 16, 2022.

Statutory Appraisal and Mediation

Most Florida policies contain an appraisal clause that allows either party to demand a neutral evaluation of the loss. DFS mediation costs you only $100 if you request it within 90 days of the insurer’s decision.

Regulations Unique to the Keys

Because Marathon sits in Monroe County’s Wind-Borne Debris Region, carriers may impose higher deductibles or separate hurricane deductibles. These deductibles must comply with Fla. Stat. § 627.701 and be clearly disclosed on the declarations page.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request the Written Denial Letter

Florida law requires carriers to provide a written explanation referencing specific policy language. If the denial arrived informally, request the formal letter.

2. Gather Documentation

Compile the following:

• Photos and videos of damage from multiple angles.

• Repair estimates from local Marathon contractors.

• Correspondence with the insurer and adjusters.

• Receipts for mitigation expenses (tarps, dehumidifiers).

3. Review Policy Language

Pay special attention to exclusions, endorsements, and any anti-concurrent-causation clauses. Highlight ambiguous wording—Florida courts construe ambiguities against the insurer.

4. File a Supplemental Claim or Re-Open the Claim

If you discover additional damage, send a sworn proof of loss and supporting estimates. Remember the two- or three-year notice deadlines in § 627.70132.

5. Consider DFS Mediation

Submit your request through the DFS portal. Many disputes settle quickly because the insurer must send a representative with full settlement authority.

6. Send a Notice of Intent to Initiate Litigation

Under Fla. Stat. § 627.70152, you must serve a Notice of Intent (NOI) at least 10 business days before filing suit. The insurer then has 10 days to inspect the property and make an offer.

7. Consult a Licensed Florida Property Insurance Attorney

If the claim still stalls, legal counsel can file a CRN, negotiate appraisal, or sue for breach of contract and bad faith.

When to Seek Legal Help in Florida

Indicators You Need an Attorney

• You face an EUO request with broad document demands.

• The insurer alleges fraud or material misrepresentation.

• Multiple engineering reports conflict on causation.

• The claim value exceeds $30,000 (county court jurisdictional limit) and you risk under-insurance.

Choosing the Right Lawyer

Florida requires attorneys to be members in good standing of The Florida Bar. Verify disciplinary history and confirm experience with Keys-specific windstorm litigation. Contingency fees must comply with Rule 4-1.5, and you should receive a written agreement explaining costs, court fees, and potential fee shifting.

Timing Matters

Engaging counsel early can preserve evidence and avoid procedural traps like missing the NOI or CRN windows. Delaying may also jeopardize your ability to recover attorneys’ fees under § 627.428/70152.

Local Resources & Next Steps for Marathon Homeowners

1. Local Government and Building Departments

The City of Marathon Building Department can supply post-storm inspection reports and permitting history, often useful to counter "pre-existing damage" arguments.

2. Public Adjusters in Monroe County

Licensed public adjusters often provide a free initial damage assessment. Under Fla. Stat. § 626.854, they may not charge more than 10% of a claim paid after a governor-declared emergency for the first year.

3. Florida 8th Judicial Circuit–Monroe County Courts

Property insurance lawsuits originating in Marathon are filed in the Sixteenth Judicial Circuit, Marathon branch. Knowing the local docket can influence your litigation strategy.

4. Disaster Assistance Programs

After large-scale events, FEMA and the Small Business Administration open offices in Marathon’s City Hall or Marathon Community Park. Supplementary grants can fill coverage gaps for flood-exclusion losses.

5. Complaint and Mediation Portals

Before you sue, you can file a consumer complaint with DFS online or call 1-877-MY-FL-CFO. The process is free and sometimes prompts insurer re-evaluation.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and your situation may differ. Always consult a licensed Florida attorney about your specific facts.

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