If your homeowners or commercial property insurance claim was denied, the first thing you need to do is pull out your policy and look at the fine print.
Most policyholders don’t realize how insurance policies are actually structured. You will open a 30- or 40-page document, and maybe the first two to five of those pages explain what coverages you actually have.
The rest of the policy? It is dedicated entirely to exclusions and limitations—the provisions insurance companies use to take that coverage away.
To get a clear starting picture, find your policy’s declarations page. This is essentially the cover sheet at the very front. It outlines the specific types of coverage you purchased, your overall coverage limits, and your applicable deductibles.
If reading through dozens of pages of legal exclusions feels overwhelming, you aren’t alone. Having an attorney review your policy can quickly clarify where you stand. When seeking legal guidance, look for a law firm that exclusively represents property owners and never handles defense work for insurance companies.
After a claim denial, taking prompt action is critical to protecting your property and preserving your rights.
1. Document Every Aspect of the Damage
If you haven’t done so already, photograph and video all damaged property immediately. Document the full extent of the harm to your home or commercial building, including damaged building materials, structural components, and personal property.
Do not throw anything away before it has been thoroughly documented and inspected.
2. Obtain Independent Contractor Estimates
Do not rely on the insurance company’s valuation of your losses.
Get your own detailed repair estimates from licensed general contractors and other qualified professionals. You need an accurate, independent assessment to know what it will truly cost to fix your property and determine the full value of your claim.
3. Review Policy Post-Loss Duties (Including Proof of Loss)
Insurance policies contain strict contractual requirements that policyholders must fulfill when submitting or contesting a claim. One critical requirement is submitting a formal sworn proof of loss within a specified timeframe.
Insurance adjusters rarely point out these strict requirements to policyholders. However, if you fail to file a sworn proof of loss on time, the insurance company will quickly assert that you forfeited your right to pursue the claim entirely.
4. Consult a Property Insurance Attorney Immediately
Florida law places strict time limits on your ability to contest a denied insurance claim or take legal action against your carrier. Waiting too long can permanently extinguish your legal right to recover compensation.
Consulting an experienced property insurance lawyer allows you to review your options, ensure all post-loss contractual obligations are met, and build a strategy to fight the insurer’s decision.
ADVERTISEMENT. All content in this post is provided for general informational and educational purposes only and does not constitute legal advice. Viewing this post, submitting a contact form, or communicating with the firm does not create an attorney-client relationship with Wites & Rogers. Past case results, verdicts, or settlements are described for informational purposes and afford no guarantee, warranty, or prediction of a similar outcome in any future legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Wites & Rogers is responsible for the content of this publication. Our primary bona fide office is located at 4400 North Federal Highway, Lighthouse Point, FL 33064.
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