Common Florida Property Insurance Claim Problems
Quick answer
The most common Florida property claim problems are outright denials, underpaid estimates, and disputes over what caused the damage. Others include late-notice defenses, examinations under oath, low sublimits for water damage, appraisal fights, and insurer-controlled repairs. Most can be challenged. The key is acting before the deadlines pass and building a record that answers the insurer's reason for saying no.
Florida's property insurance statutes have been amended several times, and older losses may fall under earlier versions of these statutes, so the rules that apply to your claim can depend on your date of loss and your policy.
In this article
Eight common claim problems, and what to do about each
1. The claim is denied
A denial letter is the insurer's position, not the final word. Read it closely: it should name the policy language the insurer relies on. Ask for a certified copy of your full policy, including every endorsement, so you can compare the two.
2. The payment is far below your repair costs
Underpayment often comes down to scope (what the adjuster counted) and pricing (what each repair costs). An independent estimate from a licensed contractor or public adjuster shows exactly where the insurer's number falls short.
3. The insurer blames something other than the storm
Insurers often attribute damage to wear and tear, age, poor maintenance, or long-term leaks, which many policies exclude. These disputes are usually decided by expert evidence. Photos from before the loss, weather data, and an engineer's inspection can make the difference.
4. The insurer says you reported too late
Late notice is a frequent defense, especially for hurricane claims reported months later. Florida law bars a claim unless notice is given within 1 year after the date of loss, and a supplemental claim within 18 months (Fla. Stat. § 627.70132(2)). For a hurricane, the clock starts at landfall (§ 627.70132(3)). Even inside that year, an insurer may argue notice was not prompt under the policy. That defense turns on the facts, so have it reviewed before accepting a denial on this ground. For each stage of a claim and its deadlines, see How Long Does a Florida Property Damage Claim Take?
5. You are asked for a sworn statement or a stack of documents
An examination under oath is formal testimony under your policy's conditions. What you say can shape the rest of the claim. Get advice before you attend, and gather the requested documents early.
6. A sublimit caps your water damage claim
Some Florida policies limit coverage for certain water losses to a fixed amount far below the actual damage. Not every part of a loss necessarily falls under that cap. A careful reading of the policy can show which parts of the damage are covered separately.
7. Appraisal goes wrong
Appraisal resolves disputes over the amount of a loss, not whether it is covered. Problems arise when the insurer demands appraisal to avoid a coverage issue, or when an appraiser is not truly independent. Insurers can also require appraisal in response to a pre-suit notice (Fla. Stat. § 627.70152(4)(b)). But if your insurer never told you about the mediation program run by the Florida Department of Financial Services, or it requested mediation and either side rejected the result, you are not required to go through appraisal before suing (§ 627.7015(7)). Understand what appraisal can and cannot decide before you agree to it.
8. The insurer insists on its own contractor
Some policies let the insurer choose to repair the damage instead of paying for it. When the insurer's contractor does poor work, such as an incomplete dry-out, the problems can grow. Document the work and its results, and get advice on who is responsible for fixing it.
When a public adjuster or a lawyer helps
A public adjuster documents and values your loss and negotiates the amount with the insurer. That work is often the foundation of a strong claim.
A lawyer handles what a public adjuster cannot: pre-suit notices, examinations under oath, coverage disputes, and lawsuits. When a claim is denied outright, or the dispute is about coverage rather than price, legal help usually matters most.
Many of our clients come to us through their public adjuster. The two roles work best together: the adjuster's estimate supports the claim, and the lawyer protects the deadlines and presses the dispute.
Frequently asked questions
What is the most common reason Florida property claims are denied?
Disputes over what caused the damage are among the most frequent, along with late notice and policy exclusions. The denial letter should state the reason, and that reason is where any challenge starts.
Can I fight a denied property insurance claim in Florida?
Yes. Options include submitting more evidence, appraisal for disputes over the amount, mediation through the Florida Department of Financial Services for homeowner and other residential claims (Fla. Stat. § 627.7015), and, after at least 10 business days' pre-suit notice for policies issued on or after July 1, 2021, a lawsuit (§ 627.70152(3)). Mediation is not available in every case. It excludes, for example, disputes where the insurer has a reasonable basis to suspect fraud, and losses not reported within the statutory deadline (§ 627.7015(9)).
Keep the deadline to sue in mind. A lawsuit for breach of a property insurance policy must be filed within 5 years, counted from the date of loss, not from the date of the denial (Fla. Stat. § 95.11(2)(e)).
What should I do if my insurer underpaid my claim?
Get an independent estimate, compare it line by line with the insurer's, and dispute the difference in writing. A supplemental claim may also be available for additional damage from the same event, if noticed within 18 months after the date of loss (Fla. Stat. § 627.70132(2)).
Do I have to attend an examination under oath?
Most policies make it a condition of coverage. Refusing can put the claim at risk. Talk to a lawyer about how to prepare and what documents to bring.
Is a water damage sublimit the most I can recover?
Not always. A sublimit applies only to the types of loss it describes. Other parts of the damage may be covered under different terms of the policy.
Should I agree to appraisal?
It depends on whether the dispute is about the amount or about coverage. Appraisal can resolve the amount quickly, but it does not decide coverage.
About the author
Kimberly Innocent has focused her practice on insurance litigation for over a decade. She began her career defending insurers and now represents Florida homeowners, businesses, and mitigation companies in first-party property disputes.
Facing one of these problems? The claim review is free. Call 954-903-1737 or use the form on this page. Se habla español.
The Innocent Law Firm, PLLC · 1580 Sawgrass Corporate Parkway, Suite 130, Sunrise, FL 33323
This article is general information about Florida law, not legal advice. Your rights depend on your policy, your date of loss, and the current law. Reading this article does not create an attorney-client relationship.
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