South Florida First Party Insurance Claims Attorney
South Florida First Party Insurance Claims Attorney
South Florida homeowners buy coverage to protect roofs, interiors, and personal property from wind, water, and hurricane losses. When an insurer delays or underpays, a first-party insurance claim attorney can use Florida statutes, policy language, and claim procedures to press for full benefits.
Kuhn Raslavich. P.A. can step in when an adjuster overlooks code upgrades, undervalues a roof, or questions the cause of water damage. We have decades of combined experience handling Florida claims, and a long track record of helping clients get what they deserve.
Florida First-Party Claims: An Overview
First-party claims involve you (the policyholder) seeking benefits under your policy. Typical South Florida scenarios include hurricane winds tearing shingles, wind-driven rain entering through a storm-created opening, or a sudden pipe burst that soaks drywall and floors. Florida defines the conditions for hurricane deductibles, which apply during a defined window tied to National Hurricane Center watches and warnings. Those definitions shape how carriers evaluate loss dates and deductibles.
Florida’s Homeowner Claims Bill of Rights gives you specific timelines: acknowledgment of your reported claim within seven days and, on written request after you submit a complete proof-of-loss, a coverage confirmation or status update within 30 days. That statute equips you with checkpoints to gauge whether the claim is moving as the law expects. A South Florida insurance claims lawyer will translate these rules into a step-by-step plan, identify which peril triggered coverage, and frame your damages to match policy terms and state law.
Critical Deadlines in Florida
Florida shortened the time to report new or reopened property claims. Initial and reopened claims generally must be reported within 1 year of the date of loss, and supplemental claims within 18 months of the loss date. Missing those windows can bar recovery, which is why date tracking matters after a storm.
Insurers also carry statutory obligations. Florida law requires a prompt investigation on receipt of your proof-of-loss and imposes other time-based duties throughout the claim lifecycle. Knowing those intervals allows you to challenge avoidable delay and to escalate when responses fall outside statutory guardrails.
A South Florida attorney will tie every communication to these deadlines. They will work to preserve leverage if the carrier stalls and will also keep a record to support the validity of your claim.
Coverage, Deductibles, and Valuation
Hurricane deductibles are unique in Florida. Policies offer options, often expressed as a percentage of the dwelling limit. That deductible applies only during the legally defined hurricane event period. The deductible can be substantial, making accurate valuation vital when roof systems, windows, and interiors suffer from combined wind and water damage.
Damage valuation turns on the scope of repairs, code compliance, matching, and overhead/profit. Insurers may propose spot repairs when a roof requires full slope repairs or replacements due to code, wind uplift, or tile availability. A South Florida insurance claims lawyer will frame the loss with line-item estimates that speak the carrier’s language.
Documentation That is Crucial to Your Claim
Organize photos, videos, professional estimates, mitigation invoices, and communications with the insurer. Florida statutes contemplate proofs of loss, acknowledgments, and status letters; an organized file makes it easier to meet each statutory checkpoint.
Independent estimates from licensed Florida professionals often carry the most weight. They should include quantities, materials, code items, and clear pricing. Your attorney will align those estimates with policy provisions on replacement cost, recoverable depreciation, and ordinance or law coverage to prevent unnecessary holdbacks.
When Insurers Delay, Underpay, or Deny
Disputes commonly arise over the cause of the damage (wind vs. wear and tear), the scope of the job (patch vs. replace), and pricing. Carriers may request examinations under oath or additional documentation. While it’s important to cooperate, it’s even more vital to protect your rights.
If the carrier’s investigation strays beyond reasonable requests, Florida law gives you tools to prompt movement. The previously mentioned Florida Homeowner Claims Bill of Rights, as well as claim-handling statutes, set measurable expectations after you submit proof of your losses. If the insurer lets timelines slip without a valid reason, that becomes part of the record and can strengthen your case.
Strengthen your position by sending written notices, asking for the names of your claim handlers,, and keeping a communication log. Provide responsive documents. Request status updates after submitting a proof-of-loss. If deadlines continue to pass, consider a pre-suit notice or an appraisal for amount-of-loss disputes, or a civil remedy notice (you’ll learn more on this below) to preserve options under Florida law. A legal professional can clearly explain all of your options.
Bad Faith and Civil Remedy Notices
Florida’s bad-faith insurance framework requires a Civil Remedy Notice (CRN) filed with the Department of Financial Services at least 60 days before bringing a statutory bad-faith action. The notice identifies the violations and gives the insurer an opportunity to rectify the situation. Strategy matters because the timing of appraisal or pre-suit notices can affect when a CRN is proper.
Florida also requires a pre-suit notice to the Department of Financial Services in most residential property disputes before filing a lawsuit, with a minimum 10-business-day lead time and specific content requirements. That notice gives the insurer one more chance to resolve the claim and can influence the rules governing attorney fee recovery.
If the insurer resolves the claim fairly within the statutory window, it could avert bad-faith exposure. However, if it does not, that record becomes a foundation for further relief. Your attorney will draft any CRN to match statutory requirements and the evidence in your file.
How Kuhn Raslavich Will Help
Kuhn Raslavich. P.A. handles first-party property disputes across Florida, including roof, water, and hurricane losses. The firm understands how carriers apply Florida’s statutory timelines and how adjusters read scopes, resulting in clearer demands and faster resolutions.
A South Florida attorney from our firm will work to analyze policy terms, endorsements, and exclusions to map coverage arguments to Florida statutes and your facts. We can also build a documented loss package with professional estimates that address code upgrades, matching, and material availability in South Florida’s market.
Building a Strong File: What to Gather Early
Organized evidence helps defeat insurance company arguments and supports faster payments. Take dated photos and videos of interior rooms, attic spaces, roof surfaces, and exterior elevations. If contractors need to dry out your home after a storm, include mitigation invoices and moisture logs. Also, keep a contact log with names, dates, and call summaries. Doing so will help you hold the insurer accountable at every step.
When the carrier issues a low estimate, obtain competing line-item bids from a licensed Florida professional who understands local codes. A South Florida lawyer will compare each line to comparable pricing and present a clean, side-by-side variance analysis.
Communication With the Carrier: Setting Terms That Work
Clear, written communication keeps the claim on track. Florida’s Bill of Rights allows you to request status after a complete proof-of-loss. Quote policy provisions, cite dates, and reference statutory rights where appropriate. Do not let unexplained silence linger; polite, consistent follow-ups send a signal that deadlines matter under Florida law.
The carrier may ask for records or even request that you make a statement under oath. While you should review the policy conditions and provide responsive documents, you don’t always have to accommodate irrelevant or burdensome requests. Your attorney will help manage communications with the insurance company and ensure they never take advantage of you.
Negotiation Pathways: Mediation, Appraisal, or a Lawsuit
Florida’s property landscape often favors pre-suit resolution when documentation is strong. Mediation can resolve disagreements over pricing or scope, while an appraisal can settle amount-of-loss disputes when both sides accept coverage but disagree on dollars. When coverage is denied, litigation paired with the required pre-suit notice becomes the path forward.
Each route carries different timing and fee implications under recent legislative reforms. A South Florida attorney will outline the costs and benefits of each step before you commit, then push the process that promises the best net recovery.
How Kuhn Raslavich Builds Leverage in South Florida
Documentation wins claims. Kuhn Raslavich will gather pre-loss photos, permit histories, moisture readings, expert reports, and line-item estimates to tell a coherent story grounded in the policy’s language. Our team can convert that story into a demand that anticipates the carrier’s pushbacks.
Process control creates pressure. Our firm will calendar statutory deadlines, request claim file notes when available, and maintain written follow-ups on a predictable schedule. We will tie every delay to the statute and remind the carrier of its obligations under Florida law.
Results come from preparation. When the file provides credible support for cause, scope, and price, carriers have fewer excuses to cut or delay payment. A prepared attorney with our firm will present that support at the appraisal or in court if negotiation fails.
Frequently Asked Questions
What are the key deadlines for first-party property claims in Florida?
Initial or reopened claims must be reported within 1 year of the date of loss, and supplemental claims must be reported within 18 months of the loss date.
What is the Florida Homeowner Claims Bill of Rights?
This state statute provides specific timelines for insurers, including acknowledging your claim within seven days and providing a coverage confirmation or status update within 30 days of a complete proof-of-loss submission and your written request.
What is a Civil Remedy Notice (CRN) in Florida insurance law?
A CRN is a formal notice filed at least 60 days before bringing a statutory bad-faith action. It identifies the insurer’s alleged violations and gives them an opportunity to resolve the claim fairly.
A Skilled First-Party Insurance Claim Attorney is Ready to Provide Help
Kuhn Raslavich. P.A. brings experience and a long track record of success to first-party property cases. Our firm emphasizes clear scopes, accurate code application, and disciplined use of Florida statutes during negotiations. That mix often produces movement where adjuster discussions stall. One of our lawyers will keep your file organized, your deadlines front and center, and your options open for appraisal, mediation, or litigation.
If your insurer delays, underpays, or denies, a skilled first-party insurance claim attorney will press statutory rights, manage pre-suit notices, and – when needed – file a civil remedy notice to create a path toward full benefits. Florida law supplies the tools; disciplined advocacy puts them to work.
Kuhn Raslavich. P.A. will translate policy terms into an action plan, align your documents with Florida statutes, and pursue the settlement your coverage promises. Contact a first-party insurance claim attorney with our firm by calling 877-352-7767 or contacting us online.
Reasons To Call Kuhn Raslavich
If you have suffered property damage as a result of water damage, fire, hail, or hurricane, CALL KUHN RASLAVICH FIRST…not your insurance carrier. Kuhn Raslavich charges no fees unless you get paid! We will deal with the insurance company on your behalf so you do not have to worry about setting up a claim or getting paid adequately. As an illustration of why hiring Kuhn Raslavich would be beneficial, consider this common occurrence:
- A hurricane badly damages your home.
- You call your insurance carrier who sends out one of their own adjusters to estimate the amount of damage.
- You accept the amount estimated by the insurance carrier, not knowing that it is extremely undervalued because the insurance company is trying to pay the least amount possible to settle your claim.
- As a result, you do not have enough money to repair your home properly.
We will come to your home and estimate the true value of the damage, which is often much greater than what the insurance company has determined. We will then gather all necessary paperwork and submit the claim to your insurance company. Once submitted, we help you along step by step and negotiate the claim in an effort to maximize your recovery.
Since filing a homeowner’s insurance claim is not a common occurrence, many homeowners do not know where to start. Many believe that their insurance company works for them, and is looking out for their best interest; however, insurers DO NOT represent homeowners and ARE NOT looking out for their best interest. Insurers are FOR PROFIT CORPORATIONS that are trying to pay the least amount possible to resolve claims.
