A denied property damage claim can feel like a second disaster. After going through the trauma of water, fire, hurricane, or mold damage, hearing “your claim is denied” adds stress and confusion.
But here’s the good news: a denial doesn’t have to be the end. Many Florida homeowners have successfully challenged unfair denials and secured the compensation they were owed.
At The Ferriol Law Firm, we’ve helped clients across Miami fight denied insurance claims — and win.
This guide walks you through everything you need to know.
Why Do Property Damage Claims Get Denied in Florida?
Insurance companies deny claims for a range of reasons. Some are legitimate. Many are not. Here are the most common justifications:
1. The Damage Isn’t Covered
If the source of the damage isn’t listed as a covered peril in your policy, your insurer may deny it outright. For example, flood damage isn’t covered by standard homeowners insurance. You need separate flood insurance for that.
2. “Wear and Tear” or Maintenance Issues
Insurers love to say your damage wasn’t caused by a storm or leak — it was caused by years of poor maintenance. This is especially common in roof claims or pipe bursts.
3. You Filed Too Late
Florida law requires prompt reporting. If you waited weeks or months, insurers might say your delay compromised their investigation.
4. Lack of Documentation
If you didn’t take enough photos, save repair estimates, or submit receipts, insurers may claim they don’t have enough proof to pay your claim.
5. Misinterpretation or Errors
Sometimes, claims get denied due to incorrect policy interpretations by adjusters, coding mistakes, or flawed inspections.
What to Do Immediately After a Claim Denial
A denial isn’t the final word. Here’s what to do:
1. Get the Denial in Writing
Florida law requires insurance companies to explain their denial in writing. Read it closely and look for the reason — then compare it to your policy.
2. Request a Copy of Your Policy
You need the full version — not just the declarations page. Look for coverage exclusions, deductible amounts, and any special clauses.
3. Gather Your Evidence
Photos, videos, repair estimates, receipts, inspection reports — collect it all.
4. Document Communications
Save every email and text with your insurer. Keep a log of phone calls with names, dates, and what was discussed.
5. Call a Property Damage Attorney
Don’t wait until it’s too late. An experienced lawyer can tell you if you have grounds to appeal and help build your case.
How to Appeal a Denied Property Damage Claim in Florida
If your claim was denied unfairly, you have options. Here’s how to challenge it:
Step 1: File a Formal Appeal
Write a detailed letter disputing the denial. Include:
- Your policy number and claim reference
- A breakdown of the damage
- A rebuttal to the insurer’s reasons
- Attached evidence (photos, estimates, expert reports)
Step 2: Request an Appraisal
Most Florida policies include an “appraisal clause.” This allows both you and the insurer to select independent appraisers. If they disagree, a neutral umpire makes the final decision.
Step 3: File a Supplemental Claim
If new damage is discovered or the scope was underestimated, you may be able to file a supplemental claim — even after the original was denied.
Step 4: File a Lawsuit for Bad Faith
If your insurer denied your claim in bad faith, Florida law allows you to take legal action. More on this below.
What is Insurance Bad Faith in Florida?
“Bad faith” means your insurer is acting dishonestly or unfairly. Under Florida Statute § 624.155, policyholders can sue insurers that:
- Deny valid claims without proper investigation
- Delay payment unreasonably
- Misrepresent coverage terms
- Refuse to explain a denial
- Fail to respond to communications
If you can prove bad faith, you may be entitled to compensation beyond your original claim — including legal fees and damages.
Common Scenarios We’ve Helped Homeowners Resolve
At The Ferriol Law Firm, we’ve reversed dozens of unfair denials. Here are a few real-life examples:
Hurricane Roof Claim Denied as “Wear and Tear”
Insurer said damage predated the storm. We provided drone footage and weather data. Payout: $92,000.
Pipe Burst Claim Rejected for “Ongoing Leak”
We proved the damage was sudden and accidental. Final result: $48,500 settlement.
Fire Claim Underpaid by $70,000
Initial payout didn’t cover structural damage. We brought in contractors and engineers to validate costs. Recovered full policy limits.
Deadlines Matter: Florida Property Damage Claim Time Limits
Don’t sit on a denial. Florida imposes strict deadlines:
- Initial claim: Must be filed within 1 year of damage
- Supplemental claim: Within 18 months
- Lawsuit (breach of contract): Within 5 years
- Lawsuit (bad faith): Within 5 years, but only after a civil remedy notice is filed
Frequently Asked Questions
What if I already accepted a partial payment?
You may still be eligible to recover more — especially if you didn’t sign a full release.
Is a public adjuster enough?
Public adjusters can help estimate damage, but they can’t file lawsuits or force payment. Attorneys bring legal power to the negotiation.
Can I reopen a denied claim?
Yes. If there’s new evidence, you acted within time limits, or bad faith occurred, we can reopen your case.
What damages are usually covered?
Structure, contents, temporary housing (ALE), and sometimes loss of rental income — depending on your policy.
Tips to Prevent Claim Denials
- Document pre-storm condition of your home
- Take photos immediately after damage
- Notify your insurer quickly
- Get everything in writing
- Know your policy exclusions and ask your agent questions
Helpful Resources for Florida Homeowners
- Florida Office of Insurance Regulation
www.floir.com - Florida CFO – Division of Consumer Services
www.myfloridacfo.com - National Flood Insurance Program
www.floodsmart.gov
Why Work With The Ferriol Law Firm?
- We know Florida insurance law inside and out
- We’ve reversed denials across Miami, Coral Gables, Hialeah, and beyond
- We don’t back down from insurance companies
- You don’t pay unless we win
We handle:
- Denied hurricane claims
- Fire and water damage disputes
- Mold exclusions
- Bad faith insurance lawsuits
- Supplemental claims and appraisals
Let’s Take Action: Free Consultation, No Fee Unless You Win
If your property damage claim was denied in Florida, don’t give up. You may still have a strong case — and our legal team is here to help you build it.
Call The Ferriol Law Firm today or visit www.theferriollawfirm.com to schedule your free consultation.
We’ll review your denial, explain your rights, and tell you exactly what to do next.
The Ferriol Law Firm
Miami’s trusted law firm for homeowners facing denied insurance claims.
We fight for your home like it’s our own.