Best Property Insurance Lawyers in Florida

About Property Insurance Law in Florida, United States

Property insurance in Florida is a critical component for homeowners, landlords, and business owners to protect their assets against risks such as hurricanes, floods, fires, theft, and other forms of damage or loss. Due to Florida’s unique weather patterns and natural disaster risks, the state has developed its own regulations and requirements for property insurance policies. Property insurance can cover different types of property, including homes, condos, commercial buildings, and contents within those properties. The laws are designed both to safeguard policyholders and to provide guidelines insurance companies must follow when issuing policies and handling claims.

Why You May Need a Lawyer

Legal issues related to property insurance can be complex and stressful. You may need a lawyer if:

• Your insurance claim is denied or delayed
• Your insurer offers a settlement that does not cover your losses or seems unfair
• You are accused of underinsuring or misrepresenting your claim
• You face difficulties with your mortgage lender regarding required insurance
• Your property suffered hurricane, flood, or fire damage but the insurance company disputes the cause
• You believe your insurer acted in bad faith
• You are dealing with multiple claims or coverage questions after a major disaster
• You need to interpret policy language or exclusions

Local Laws Overview

Florida’s property insurance laws are influenced by state statutes and regulations that address the unique risks of living in Florida. Notably:

• The state requires insurers to offer hurricane coverage, but not flood insurance, which is typically available through separate policies such as the National Flood Insurance Program.
• The Office of Insurance Regulation (OIR) oversees property insurance companies in Florida, including their rates, forms, and compliance with consumer protection laws.
• There are strict timelines (often referred to as "prompt payment" laws) for insurers to acknowledge, investigate, and pay or deny claims.
• Assignment of Benefits (AOB) laws have changed to curb abuse, requiring specific forms and consumer disclosures if you sign your claim benefits over to contractors.
• Florida’s statutes provide for attorney’s fees to policyholders who prevail in certain insurance lawsuits, helping level the playing field with large insurers.
• Specific notice requirements and deadlines exist for making claims after hurricanes or windstorms.
• The Florida Hurricane Catastrophe Fund and Citizens Property Insurance Corporation play important roles as public or quasi-public insurance backstops for homeowners unable to find coverage in the private market.

Frequently Asked Questions

Is property insurance required by law in Florida?

There is no state law requiring property owners to have property insurance, but lenders typically require it as a condition of a mortgage.

Does my homeowner's insurance cover flood damage?

No, standard homeowner’s policies in Florida do not cover flood damage. Separate flood insurance is needed, usually purchased through the National Flood Insurance Program or private insurers.

What do I do if my property insurance claim is denied?

You should receive a written explanation for the denial. Review it carefully, gather your documentation, and consider contacting a lawyer to discuss your options, including appealing the decision or pursuing legal action.

How long do I have to file a property insurance claim in Florida?

For hurricane and windstorm claims, state law typically allows one year after the date of loss to file an initial claim and 18 months for supplemental claims, though policy wording or federal rules may affect deadlines.

What is “Assignment of Benefits” and should I use it?

Assignment of Benefits (AOB) allows you to sign over your claim rights to a contractor or service provider. This can simplify repairs but can carry risks, such as fraud or litigation. New laws now protect consumers with notice and form requirements.

What are my rights if my insurance company delays payment?

Florida law requires insurers to respond and process claims within specific timeframes. Unreasonable delays may entitle you to further action, including potential legal recourse and attorney’s fees if you prevail.

Will my rates go up if I file a claim?

Filing a claim can impact your premiums or insurability. Multiple claims may lead to non-renewal or higher rates. Rate changes are subject to regulatory approval by the state.

What does Citizens Property Insurance Corporation do?

Citizens is the state-backed insurer of last resort for property owners who cannot find coverage elsewhere. It offers policies for some high-risk properties but may have limitations compared to private insurers.

Can the insurance company drop my coverage after a claim?

Insurers in Florida can choose not to renew a policy based on claims history or other risk factors, but must provide advance written notice and comply with all state regulations.

What can I do if I suspect my insurer is acting in bad faith?

Bad faith occurs when an insurer unreasonably denies or delays a valid claim. You can seek legal help and, if successful in a lawsuit, may be entitled to damages beyond the policy benefits, including attorney’s fees.

Additional Resources

Several resources can help Floridians with property insurance questions or disputes:

• Florida Office of Insurance Regulation (OIR) - Regulates insurers and handles consumer complaints
• Florida Department of Financial Services (DFS) - Offers consumer helplines and mediation services
• Citizens Property Insurance Corporation - For information on state-backed insurance options
• National Flood Insurance Program (NFIP) - For flood coverage and claim information
• Local Bar Associations - Can refer you to lawyers experienced in property insurance law
• The Florida Bar’s Lawyer Referral Service - For finding an attorney near you

Next Steps

If you are facing challenges with your property insurance in Florida, consider the following steps:

• Review your insurance policy to understand your coverage, limits, and exclusions
• Gather documentation, including photos, receipts, correspondence, and claim-related paperwork
• Contact your insurer promptly to report losses and follow up regularly in writing
• If your claim is denied, delayed, or undervalued, request a written explanation from your insurer
• Utilize state resources, such as the Florida Department of Financial Services, for free mediation or complaint assistance
• Consult with an experienced attorney if you believe your rights are being violated or need representation in dealing with your insurer