You paid your premiums so your insurer would be there when you needed it. A denial letter or a lowball estimate can leave you paying for repairs out of pocket. Miami property insurance claim lawyer Tomas Robirosa helps homeowners, condo owners, and property owners in Miami-Dade, Broward, and Palm Beach counties challenge denied and underpaid claims. Se habla español.
Common Reasons Property Claims Are Denied
- Policy exclusionssuch as flood, wear and tear, deterioration, mold, or long-term leakage
- Late noticeof the claim
- Disputes about the cause of loss, such as wind vs. flood, or sudden leak vs. long-term seepage
- Pre-existing damagearguments, especially on older roofs
- Alleged failure to mitigate, meaning the insurer claims you did not take reasonable steps to prevent further damage
- Alleged misrepresentationor incomplete documentation
- Low estimatesthat leave out damaged areas, matching, code upgrades, or tear-out costs
What to do after a denial or lowball offer
- Ask for the denial or payment explanation in writing.
- Request a certified copy of your complete policy, including endorsements.
- Keep every photo, video, invoice, estimate, and letter.
- Do not throw away damaged materials without documenting them.
- Write down the names of adjusters and the dates of every inspection and call.
- Do not sign a release or cash a check marked "final payment" until you understand what you are giving up.
How We Challenge Denied and Underpaid Claims
We start by reading your policy and the insurer's stated reasons line by line. Then we compare the insurer's estimate with the actual damage and identify what was missed.
Florida rules that apply to your claim
- Reporting deadlinesA new or reopened claim generally must be reported within one year after the date of loss, and a supplemental claim within 18 months.
- Insurer deadlinesInsurers generally must acknowledge a claim within 7 days, physically inspect within 30 days of proof of loss, and pay or deny within 60 days after notice of the claim, subject to limited exceptions.
- Pre-suit noticeBefore filing suit, the policyholder must generally give at least 10 business days' written notice of intent to sue, with an itemized demand.
- Lawsuit deadlineA suit for breach of a property insurance contract generally must be filed within five years from the date of loss.
Options to resolve your claim
- Supplemental claims with additional documentation
- Reinspection and negotiation with the insurer
- Appraisal, when the policy includes an appraisal clause
- Mediation programs available for certain residential claims
- Litigation, when the insurer will not pay what the policy owes
Types of property claims we handle
Hurricane and windstorm damage, water damage from plumbing leaks, leaking pipes, window leaks and sewage backup, roof damage, fire and smoke damage, and condominium claims.
Request a free review of your denied or underpaid claim.
Florida Law at a Glance- Report the claim promptly: under current Florida law, a new or reopened property insurance claim generally must be reported within one year after the date of loss, and a supplemental claim within 18 months.
- Insurer deadlines: Florida law generally requires the insurer to pay or deny the claim within 60 days after receiving notice, unless factors beyond its control prevent it.
How We Handle Property Damage Claims
- Step 1Free claim reviewWe review your policy, your claim, and every letter from the insurance company, in English or Spanish.
- Step 2Documenting the damageWe gather photos, repair estimates, and independent inspections to show the full cost of the loss.
- Step 3Challenging the decisionWe respond to delays, underpayments, and denials, and send any pre-suit notice Florida law requires.
- Step 4Lawsuit if neededIf the insurer or association will not treat you fairly, we are prepared to take the case to court.
Frequently Asked Questions
What can I do if my property insurance claim is denied in Florida?
Start by getting the denial in writing and a certified copy of your policy. A lawyer can review whether the denial is supported by the policy, help gather additional evidence, request reconsideration, pursue appraisal if the policy provides for it, and, if necessary, file suit after giving Florida's required pre-suit notice.
How long do I have to sue my insurance company in Florida?
Florida's statute of limitations for a lawsuit for breach of a property insurance contract is generally five years from the date of loss, but separate deadlines to report the claim are much shorter: generally one year for a new claim and 18 months for a supplemental claim.
What is pre-suit notice?
Before suing a property insurer, Florida law generally requires the policyholder to give written notice of intent to sue at least 10 business days in advance, including an itemized settlement demand. The insurer then has an opportunity to respond.
What if my claim was underpaid instead of denied?
An underpaid claim can be disputed much like a denial. Common issues include estimates that leave out damaged areas, code upgrades, or hidden damage.
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