When Should I Dispute a Property Insurance Claim?
Understanding When to Challenge Your Insurance Company’s Decision
You should dispute a property insurance claim whenever your insurance company denies coverage, offers an inadequate settlement, or fails to honor your policy terms. Many Florida homeowners accept their insurer’s initial decision without question, potentially leaving thousands of dollars on the table. Knowing when and how to challenge these decisions can make the difference between financial recovery and devastating loss.
Common Reasons to Dispute a Property Insurance Claim
Your Claim Was Wrongfully Denied
Insurance companies frequently deny legitimate claims, hoping policyholders won’t challenge their decisions.
You should dispute your claim if the denial is based on:
- Misapplication of policy exclusions: Insurers often misinterpret policy language to deny coverage for covered events
- Incorrect damage assessment: Adjusters may attribute covered damage to excluded causes (like claiming hurricane wind damage was actually flood damage)
- Policy misinterpretation: Insurance companies may incorrectly apply policy terms to avoid paying claims
- Lack of proper investigation: Cursory inspections that miss the full extent of damage
- Bad faith denial: Denials made without reasonable investigation or proper basis
Under Florida Statute ยง 627.701, insurance policies must be liberally construed in favor of the insured. If your denial seems unreasonable, it likely warrants a dispute.
The Settlement Offer Is Too Low
Even when insurers acknowledge coverage, their initial settlement offers are often significantly lower than actual repair costs.
Dispute your claim if:
- Independent contractor estimates far exceed the insurance company’s offer
- The adjuster’s inspection was rushed or incomplete
- The settlement doesn’t account for all damaged areas
- Repair costs have increased since the initial estimate
- The offer doesn’t include code upgrade requirements
- Contents or additional living expenses aren’t fully covered
Remember, the insurance company’s first offer is rarely its final offer. Their adjusters work for the insurer, not you, and may intentionally undervalue your claim.
Your Insurer Is Delaying or Ignoring Your Claim
Florida law requires insurance companies to acknowledge claims within 14 days and complete investigations within 90 days for most property claims (Florida Statute ยง 627.70131).
Dispute your claim if your insurer:
- Fails to respond to your claim within statutory timeframes
- Repeatedly requests unnecessary documentation
- Schedules and cancels inspections without explanation
- Provides no clear timeline for claim resolution
- Goes silent after initial contact
- Missed payment deadlines after agreeing to settle
These delay tactics may constitute bad faith under Florida law, giving you additional grounds for legal action beyond the original claim dispute.
The Damage Assessment Is Incomplete or Inaccurate
Insurance adjusters may miss or minimize damage during their inspections.
Dispute your claim when:
- The adjuster spent minimal time inspecting your property
- Obvious damage was excluded from the estimate
- The adjuster didn’t access all damaged areas (roof, attic, interior walls)
- Hidden damage emerges during repairs
- Multiple contractors disagree with the adjuster’s findings
- The adjuster lacks specialized knowledge about your type of damage
For complex claims involving hurricane damage, construction defects, or significant structural issues, the insurance company’s adjuster may lack the expertise to properly assess all damage.
Your Policy Covers the Loss, But the Insurer Claims Otherwise
Carefully review your policy declarations page and coverage sections.
Common coverage disputes include:
- Ensuing loss coverage: When an excluded peril causes a covered loss (like roof damage from lack of maintenance leading to covered water damage)
- Windstorm vs. flood damage: Insurers often try to shift hurricane wind damage to flood policies
- Matching provisions: When insurers refuse to replace undamaged portions to match repaired areas
- Code compliance coverage: Disputes over whether building code upgrades are covered
- Ordinance or law coverage: Whether the policy covers costs related to building code requirements
If your policy language reasonably supports coverage and the insurer denies it, you have substantial grounds to dispute.
When Legal Representation Becomes Essential
While you can dispute a claim independently, certain situations demand experienced legal counsel.
Complex Coverage Issues
Property insurance policies contain intricate language designed to limit insurer liability.
An experienced attorney can:
- Interpret ambiguous policy language in your favor
- Identify coverage you didn’t know existed
- Apply Florida’s insurance construction rules
- Navigate multiple policies and coverage layers
- Handle coordination of benefits issues
Bad Faith Indicators
If your insurer demonstrates bad faith, you may be entitled to damages beyond your policy limits.
Signs of bad faith include:
- Denying claims without reasonable investigation
- Misrepresenting policy provisions
- Failing to investigate claims promptly
- Not attempting to settle in good faith
- Requiring excessive documentation without justification
Bad-faith claims require legal expertise to document and pursue under Florida Statute ยง 624.155 properly.
High-Value Claims
For significant losses exceeding $100,000, the stakes are too high to navigate alone. Insurance companies assign experienced attorneys to defend against large claims; you should have equally skilled representation on your side.
Why Williams Law Association for Your Property Insurance Dispute
At Williams Law Association, P.A., we’ve represented Florida homeowners in property insurance disputes for nearly three decades. Since 1995, we’ve recovered over $300 million for clients by holding insurance companies accountable.
Our Comprehensive Approach
We handle every aspect of your property insurance dispute:
- Thorough policy analysis to identify all available coverage
- Expert damage assessment coordination with engineers and contractors
- Aggressive negotiation with insurance company attorneys
- Experienced litigation when a settlement isn’t possible
- Bad faith claims to hold insurers accountable for wrongful conduct
No Recovery, No Fee
We work on a contingency fee basis; you pay no attorney’s fees unless we recover compensation for you. In many cases, Florida law requires the insurance company to pay your attorney’s fees when you win, meaning your recovery stays in your pocket.
Don’t Accept “No” From Your Insurance Company
Insurance companies count on policyholders accepting unfair denials and lowball offers. You pay premiums precisely for moments when you need coverage most. When your insurer fails to honor your policy, you have every right to dispute their decision.
The question isn’t whether you should dispute an unfair claim decision; it’s whether you have experienced legal counsel to maximize your recovery and hold your insurance company accountable.
Contact Williams Law Association, P.A. today for a free consultation about your property insurance claim dispute. Call us at 1-800-451-6786 or complete our online form. We serve homeowners throughout Florida, with offices in Tampa to serve you.