Florida Homeowner Bill of Rights – What it means, and what you need to know:

Updated: Mar 18, 2019

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By Adry Polo, Esq. & David J. Moscoso, J.D. Candidate 2018

Your insurance company must comply within 14 days: In the U.S., many States have a Bill of Rights which must be provided to insured homeowners by their insurance company. However, in Florida insurance companies providing residential property insurance coverage must provide a copy of this Bill of Rights to their insureds within 14 days!


After you submit, demand confirmation: In Florida, your insurance company must provide you with confirmation that your claim is covered in full, partially covered, or denied, or receive a written statement that your claim is being investigated within 30 days after you have submitted a complete proof-of-loss statement. However, insurance companies will only act after you’ve made a written request.


Receive payment within 90 days: Subject to any dual interest noted in the policy, Florida residents must receive full settlement payment for a claim or payment of the undisputed portion of the claim.


Free mediation: Your disputed claim is entitled to free mediation by the Florida Department of Financial Services Division of Consumer Services, under most circumstances and subject to certain restrictions.


Sinkhole claims: Neutral evaluation of your disputed claim, if your claim is for damage caused by a sinkhole and is covered by your policy.

Three Quick Steps You Can Take to Advance Your Claim:

  1. Contact your insurance company before entering into any contract for repairs.

  2. Make and document emergency repairs that are necessary to prevent further damage. Try to keep and organize all receipts, estimate, and proposals that relate to the loss and take photographs of the damage before and after any repairs.

  3. To the extent you are able, carefully read any contract that requires you to pay out-of-pocket expenses or a fee that is based on a percentage of the insurance proceeds received.

With a combined legal experience spanning over 40 years, the partners at Gimenez & Carrillo have been working to serve the needs of South and Central Florida for the benefit of our communities.


If you or anyone you know has suffered damage to their property, our attorneys are eager to help you attain fair and just compensation; and remember, in Florida, the law provides that a judgment of this nature in your favor will cost you nothing, see 627.428 Fla. Stat. (2017).

The first consultation is always our pleasure and free of cost. Our offices are conveniently situated across the state of Florida, with offices in Miami, Orlando, and Jacksonville. If you are not sure about the nature and extent of damage caused to your property, our firm will gladly arrange for a complimentary inspection to your home.


Miami-Dade and South Broward

5775 Blue Lagoon Dr #300 Miami, FL 33126-2579 USA Phone: (305) 444-3000 Fax: (305) 448-7788


Orlando

7380 W. Sand Lake Road Suite 500 Orlando Florida 32819 Phone: (407) 228-2080 Fax: (407) 386-3442


West Palm Beach

2393 S Congress Ave #103 West Palm Beach, FL 33406 USA Phone: (561) 357-1300 Fax: (305) 448-7788


Jacksonville

1301 Riverplace Blvd. Suite 800 Jacksonville, FL 32207 904-217-6240

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