South Florida Home Insurance Claim Lawyer

Florida homeowners carry homeowners’ insurance to protect them from losses caused by certain types of damage. While you might expect that your insurance company will pay your valid claims, some insurance companies either try to minimize how much they pay by misinterpreting the language of their policies or deny valid claims.

At the Law Office of Lisa Selinger, South Florida lawyer Lisa Lullove Selinger has nearly two decades of experience fighting for the rights of her clients. She understands how devastating it can be for homeowners to have their homeowners’ insurance claims denied. These problems can be especially difficult following a hurricane or tropical storm because of the large number of homeowners who make claims simultaneously. Ms. Selinger has represented both individuals and corporations, and she understands the types of tactics insurance companies sometimes use to try to reduce the value of claims or deny them. If your homeowners’ insurance claim has been undervalued or denied by your insurance company, you should speak to Lisa Lullove Selinger. She might be able to help you understand your legal options and assist you in pursuing legal remedies.

Homeowners’ Rights Under Their Insurance Policies

Under § 627.7142, Fla. Stat. (2021), insurance companies operating in Florida are required to provide a notice of their insureds’ rights with homeowners’ insurance within 14 days of receiving communications about a potential claim. These rights include the following:

• The right to have your claim acknowledged within 14 days
• After sending a written request, the right to receive a written confirmation within 30 days of whether the company will fully or partially cover your claim or deny it once you have submitted a proof of loss statement
• The right to receive a full settlement payment within 90 days for any undisputed portion of your claim or the company’s denial within 90 days
• The right to receive interests accruing from the date of your claim for any undisputed settlement or a denial that is not given within 90 days
• Subject to certain restrictions, the right to have your claim mediated for free by the Florida Department of Financial Services
• If your claim is related to damage from a sinkhole when you have coverage under your policy, the right to have it evaluated by a neutral third party

Recent Changes Affecting Homeowners’ Insurance

In 2021, the Florida Legislature passed SB 76, which was subsequently signed by Gov. Ron Desantis. This bill made multiple changes to the laws for property insurance claims. Some of these changes include the following:

• Added § 489.147, Fla. Stat. (2021), which prohibits roofing contractors from soliciting claims for roof damage or offering incentives to homeowners to get them to agree to contract with the contractor
• Added a new subsection to § 626.854, Fla. Stat. (2021) that prohibits public insurance adjusters from offering gifts or financial incentives to homeowners in exchange for allowing them to inspect a roof
• Expanded the deadline for filing claims under § 627.70132, Fla. Stat. (2021) to all property insurance claims to two years from the date of loss
• Added § 627.70152, Fla. Stat. (2021), which requires claimants to send a pre-suit notice to their insurers at least 10 days before filing lawsuits
• Added § 627.70153, Fla. Stat. (2021) to require claimants with multiple lawsuits filed against the same insurance company to notify the court so that the lawsuits can be consolidated
• Made changes to how attorneys’ fees are calculated and when they are recoverable

Determining Whether Your Damage is Covered Under Your Policy

One of the most hotly contested issues in homeowners’ insurance claim disputes is whether the damage is covered under a policy. Most policies cover property damage that is caused by natural events, including hail, wind, or fire, and crimes such as theft and vandalism. However, your coverage will depend on your policy. You need to know that flood damage is not covered by regular homeowners’ insurance and must instead be separately purchased.

Claim Denials

Insurance companies are for-profit businesses, and they often try to avoid paying claims. If your home was damaged through a covered event, your insurer might try to offer you an unreasonably low settlement or deny your claim. Your company might argue that the damage is outside of the scope of your policy and blame it on something that is not covered.

Get Help From an Experienced South Florida Home Insurance Claim Lawyer

If your insurance company is disputing your claim or has denied it, you should speak to South Florida lawyer Lisa Lullove Selinger as soon as possible. Contact us today to request a consultation.