Dealing with property damage is stressful enough. When your homeowner’s insurance claim is denied, that stress can quickly turn into frustration and uncertainty—especially in Florida, where extreme weather and natural disasters are common. But a denial isn’t necessarily the end of the road.
If your claim has been denied, here’s what you need to know and the steps you can take to fight back.
1. Understand the Reason for Denial
Your insurance company is required to send a written explanation when they deny a claim. Read the denial letter carefully. Common reasons for denial include:
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The damage isn’t covered under your policy
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The claim was filed too late
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Insufficient documentation
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Allegations of fraud or misrepresentation
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Pre-existing or maintenance-related damage
Understanding why your claim was denied is the first step toward resolving the issue.
2. Review Your Policy
Pull out your homeowner’s insurance policy and review the coverage details, exclusions, and deadlines. Look closely at:
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Covered perils (e.g., wind, fire, water)
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Policy limits and deductibles
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Responsibilities for maintenance and mitigation
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Timeframes for claim submission
Your policy is a contract. You may have more rights than you realize.
3. Contact Your Insurance Adjuster (Again)
Sometimes, claim denials are the result of simple misunderstandings or documentation issues. Call your adjuster and ask for clarification. Be polite but firm. Request that they explain what additional information they need, and offer to provide it promptly.
Take notes during every conversation and keep a record of emails and correspondence.
4. Gather Additional Evidence
If your insurer claims the damage isn’t covered or wasn’t caused by a covered peril, gather supporting evidence:
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Photos or videos of the damage
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Contractor estimates or expert opinions
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Weather reports or engineering evaluations
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Receipts or maintenance records
The more organized and comprehensive your documentation, the stronger your case will be.
5. File a Formal Appeal
Most insurers allow policyholders to appeal a denial. This typically involves:
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Writing a formal appeal letter
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Including supporting documents or new evidence
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Submitting everything within a specific timeframe
Be clear, professional, and factual. State why you believe the denial was incorrect and what outcome you are seeking.
6. Complain to the Florida Department of Financial Services (DFS)
If you’re getting nowhere with your insurer, you can file a consumer complaint with the Florida DFS Division of Consumer Services. They offer mediation and assistance in resolving disputes between homeowners and insurance companies.
You can file a complaint online at https://www.myfloridacfo.com/.
7. Hire a Property Insurance Attorney
If your appeal is denied or the insurance company is acting in bad faith, it may be time to bring in a legal expert. An experienced property insurance attorney can:
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Evaluate your case
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Communicate with your insurer on your behalf
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File a lawsuit if necessary to recover what you’re owed
Florida has laws that protect homeowners from insurance companies that unfairly delay, underpay, or deny valid claims. A legal advocate can ensure those protections work for you.
8. Know Your Deadlines
In Florida, you typically have two years from the date of loss to file a property insurance lawsuit (as of 2023 law updates). But policy deadlines may be shorter for reporting claims or filing appeals. Don’t wait—start taking action as soon as possible.
Final Thoughts
A denied insurance claim isn’t the end of your story. In many cases, homeowners are able to overturn denials with persistence, documentation, and legal support. Whether you’re facing damage from a hurricane, flood, fire, or another disaster, understanding your rights and taking the right steps can help you get the compensation you deserve.
If you’re unsure how to move forward, speak with a Florida property insurance lawyer for a free consultation. They can help you understand your options and fight for what you’re entitled to.
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Let Us Fight Back for You
If your water or flood damage claim has been denied—or you’re not sure what you’re dealing with—don’t go it alone. We’ll review your policy, gather the right evidence, and hold your insurer accountable.
Call The Ferriol Law Firm or visit theferriollawfirm.com to schedule a free consultation today.
The Ferriol Law Firm
Miami’s trusted law firm for denied water and flood damage claims.
We help you get what your policy promises—nothing less.