Homeowners’ insurance is meant to provide financial protection to you in the event of damage or loss to your property and belongings. Its primary purpose is to safeguard you against unforeseen risks like fire, theft, vandalism, and natural disasters.

But what happens when your homeowners’ insurance company fails to provide the safety net you need? What if they unfairly delay or deny your claim when you need it the most? Can you take legal action against them? The short answer is – yes, you can.

Grounds for Suing Your Homeowners’ Insurance Company

The most common grounds for suing a homeowners’ insurance company under Florida law include breach of contract and bad faith conduct. A breach of contract occurs when your homeowner’s insurance company fails to fulfill its obligations as outlined in the insurance policy. A bad faith claim, on the other hand, occurs when your insurance provider engages in dishonest and unfair practices that undermine your rights and interests.

The most common examples include:

  • Deliberately delaying the processing of your claim by failing to investigate the claim in a timely manner, requesting unnecessary documentation, or other through other unfair tactics.
  • Failing to compensate you for losses that are clearly covered under the terms of the policy even after you have diligently paid insurance premiums.
  • Failing to fully compensate you for the losses you have suffered by deliberately undervaluing the extent of property damage or by failing to account for additional living expenses. 
  • Misrepresenting the terms of your policy and leading you to believe that you are protected against certain risks when you are actually not or making you believe that you are certain losses are not covered, when they actually are covered under the terms of the homeowner’s insurance policy.
  • Failing to make a reasonable effort to settle your homeowners’ insurance policy claim even when you meet all the necessary requirements under state law.
  • Refusing to pay claims for covered losses without any justifiable reason.

Florida Homeowners’ Insurance Lawsuit Requirements

Here is a brief overview of the requirements for taking legal action against Florida homeowners’ insurance companies. Notably, these requirements can vary depending on the terms of your policy and you should seek advice from an experienced attorney to understand your legal rights in case of wrongful denial.

Review Your Insurance Policy: Before filing a lawsuit, carefully review your homeowners’ insurance policy to understand the terms and conditions and coverage provisions relevant to your claim. Pay close attention to any requirements or procedures outlined in the policy for disputing claims or initiating legal action against the insurer.

Document Your Claim: Document the details of your insurance claim – including the nature of the loss or damage, the date of the incident, communications with the insurance company, and any other relevant evidence or documentation supporting your claim.

Attempt to Resolve The Dispute: Before pursuing litigation, try to resolve the dispute with your insurer through negotiation, mediation, or arbitration. Many homeowners’ insurance policies in Florida require policyholders to participate in alternative dispute resolution (ADR) processes before initiating legal action.

Notice Requirements: Your policy might contain specific notice requirements that you must follow before filing a lawsuit against the insurer. You need to serve notice to the insurer within the specified time period in order to be able to pursue legal action against them.

File a Complaint: If your attempts to resolve the dispute are unsuccessful, you can file a complaint against the insurance company in court. The complaint should outline the facts of the case, the legal basis for your claim, and the relief you are seeking.

Serve the Defendant: After filing the complaint, you must serve a copy of the complaint and notify the insurer of the lawsuit.

Litigation: Once the insurer is served with the complaint, the litigation process begins. It typically includes pretrial discovery, hearings, motions, and potentially a trial if the case is not resolved through settlement or summary judgment.

Why Strong Legal Representation Matters in Homeowners’ Insurance Disputes

House Bill 837, which was passed in 2023, has made it difficult for policyholders to sue insurance companies for bad faith practices. The law states that negligence on the part of the insurance company does not constitute bad faith and has raised the legal standards to be met for bad faith claims.

The law also states that failure of a homeowners’ insurance company to compensate you for covered losses within 90 days after the claim is filed does not constitute bad faith. Moreover, the law also requires you to act in good faith, furnish accurate information regarding your claim, and make reasonable efforts to settle the claim. If you are found to have not acted in good faith, the damages awarded to you can be reduced.

Needless to say, these are tough legal standards that you may find hard to meet without the assistance of an experienced Florida insurance lawyer. This is one of the reasons why effective legal representation is so critical in homeowners’ insurance lawsuits.

Filing a Lawsuit for Denied Homeowners’ Claims in Florida? Get a Team of Trial-Hardened Insurance Lawyers on Your Side

At Larry Moskowitz, PA, we believe that homeowners’ insurance companies ought to act in good faith. When they do not, they should be held accountable for their conduct.

If your valid claim is delayed, reduced or denied or if your homeowners’ insurance company has failed to fulfill its obligations in any other way, we can fight for you and help you get justice. We will carefully review your claim, collect all the necessary documentation and evidence, and fight aggressively to recover the compensation you are owed.

Our legal team is led by Larry Moskowitz, who is one of the highest-rated civil litigators in Florida. A former prosecutor and a proven civil litigator, Larry has vast experience in handling tort claims and has a proven track record of success in settling and litigating homeowners’ insurance cases.

We know how insurance companies try to get out of fulfilling their contractual obligations and the tactics they employ to deny any wrongdoing on their part and we have the skills, resources and experience to hold them liable for their unfair actions.

Call us today at 866-312-0708 to schedule your free case evaluation with us.