Short answer: a denial is the insurance company’s opinion, not the final word. In Florida you have the right to challenge it, and most denied claims I’ve reviewed had at least one path forward. But the clock is running, so read this now, not next month.
I’m Edgar Velazquez, a licensed Florida public adjuster (License #P140117). I represent homeowners, not insurance companies. This is what I tell people who call me the week after a denial letter shows up.
FIRST, UNDERSTAND WHAT ACTUALLY HAPPENED
An insurance company denying your claim means one thing: an employee of the company that has to pay you decided the company shouldn’t pay you. That’s not a judge. That’s not a neutral referee. That’s the other side of the table making a call that saves them money.
Sometimes denials are correct. Plenty of times they’re not. The only way to know which one you got is to look at the reason they gave and test it against your policy and your evidence.
STEP 1: GET THE DENIAL IN WRITING AND READ THE ACTUAL REASON
Don’t accept a phone call denial. You want a letter that states the specific policy language they’re using against you. The most common reasons I see in Florida:
- “Wear and tear” or “long-term damage.” Their way of saying the damage happened slowly, so it’s maintenance, not a covered loss. This is the go-to denial for roof and water claims, and it’s frequently wrong on sudden pipe breaks and storm-created openings.
- “Late reporting.” They claim you waited too long to tell them. Florida law gives you 1 year from the date of loss to report a new claim and 18 months for a supplemental claim (Fla. Stat. 627.70132 for recent losses). If you’re inside those windows, late-reporting denials can often be fought.
- “Pre-existing damage.” They say the damage was there before your policy or before the storm. Photos, receipts, and inspection reports beat this one when you have them.
- “Excluded cause.” Flood on a homeowner’s policy, for example, is genuinely excluded. But carriers also stretch exclusions to cover things they shouldn’t. The exact wording matters.
If the letter doesn’t quote specific policy provisions, that itself tells you something. Ask for it.
STEP 2: PULL OUT YOUR FULL POLICY, NOT THE ONE-PAGE SUMMARY
Send your carrier a written request for a complete certified copy of your policy. Carriers provide these on request, and it’s a standard ask they see every day. The declarations page tells you your limits. The actual coverage decision lives in the forms and endorsements behind it, and that’s where denials get won or lost. I’ve seen denials collapse because an endorsement the desk adjuster never read put the coverage right back in.
NOT SURE IF YOUR DENIAL CAN BE FOUGHT?
Send it to me. My review costs you nothing, and I’ll tell you straight if there’s a case or not.
Or call today: 1 (888) DAMAGE-0
STEP 3: LOCK DOWN YOUR EVIDENCE
Do this whether or not you hire anyone:
- Photos and video of all damage, wide shots and close-ups, dated
- Any repair invoices, plumber reports, roofer estimates, mitigation records
- The names and dates of every person from the insurance company you spoke to
- Do not throw away damaged materials until the claim is resolved if you can avoid it
Evidence you preserve this week wins arguments six months from now.
STEP 4: KNOW YOUR OPTIONS. THERE ARE MORE THAN MOST PEOPLE THINK.
Hire a public adjuster. A public adjuster is licensed by the state to represent you, the policyholder, in your claim (Fla. Stat. 626.854). We re-inspect, re-document, re-scope the damage, and challenge the carrier’s position with evidence. We work on contingency, meaning no upfront cost, and Florida caps our fees by law. If a denial holds up, you owe nothing. This is the right move when the dispute is about what happened, what it costs, or what the policy says about damage.
Free state mediation. Florida’s Department of Financial Services runs a mediation program for residential property disputes (Fla. Stat. 627.7015). It costs the homeowner nothing and puts a neutral mediator between you and the carrier. It’s non-binding, so you lose nothing by trying it.
Appraisal. If your policy has an appraisal clause, it’s a tool for disputes about the amount of a loss. A flat coverage denial usually isn’t an appraisal fight, but a lowball payment is. Know which fight you’re in before you invoke it, because in Florida an appraisal award is final and binding.
An attorney. When the carrier denies coverage outright and won’t move, or acted in bad faith, a first-party property attorney is the right weapon. A good public adjuster will tell you when you’ve reached that point instead of holding onto your file.
STEP 5: WATCH THE DEADLINES
This is where people lose winnable claims. The reporting windows above are hard limits. Deadlines to file suit also apply and depend on your date of loss and policy. If your denial is recent, you likely have time. If your denial is a year old, do not wait another week to find out where you stand.
THE QUESTION NOBODY ASKS: WAS THE CLAIM DOCUMENTED RIGHT THE FIRST TIME?
Most denied claims I review weren’t lost because of the damage. They were lost because of how the damage was presented: a rushed carrier inspection, no moisture readings, no photos of the failure point, a scope of loss that missed half the rooms. A denial based on thin documentation can be reopened with thick documentation. That’s the actual job.
WHAT I’D DO THIS WEEK IF I WERE YOU
- Request the written denial with policy provisions cited.
- Request a certified copy of your full policy.
- Photograph everything and gather every document.
- Get a second opinion on the denial from someone whose paycheck doesn’t come from the carrier. My review costs you nothing.
A denial letter is designed to make you stop. The homeowners who get paid are the ones who don’t.
DENIED CLAIM SITTING ON YOUR KITCHEN COUNTER?
Send me the letter today.
Or call today: 1 (888) DAMAGE-0
Edgar Velazquez is a Florida-licensed public adjuster (License #P140117) and principal of Monarch Claims Consultants, Inc. in Miami. He represents policyholders in property claims across Florida.
This article is general information about the Florida claims process, not legal advice or a coverage opinion on any specific claim. Every policy and every loss is different.
THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT.
