One letter from an insurance carrier can turn roof leaks and broken drywall into full-blown panic. A denial notice feels personal, even though the adjuster probably never set foot in your living room.
At Kennon Law, we have walked Florida homeowners through storms, fires, and countless claim disputes. Hans Kennon, a board-certified civil trial lawyer, leads the team that wrote this guide.
Our goal today is simple: give you clear, workable steps when the company says “no.”
Common Reasons Home Insurance Claims Are Denied
Denials rarely come down to one single factor. Insurers rely on policy language, deadlines, and record-keeping slip-ups to refuse payment or slash the payout.
- Insufficient evidence of loss. Missing photos, contractor reports, or receipts can leave the carrier room to argue the damage never happened as reported.
- Policy exclusions and technicalities. Standard Florida policies exclude flood, earthquake, mold, and pest damage. Ambiguous wording around “water damage” after storms often triggers debate.
- Underinsurance or misrepresentation. If the dwelling limit is too low or the application contains factual errors, the company may reduce coverage or void it altogether.
- Late notice or missed proof-of-loss deadline. After a hurricane, carriers still expect claims and supplemental documents inside contract timeframes, sometimes as short as 60 days.
- Pre-existing or gradual damage. Roof wear, long-term leaks, or termites give adjusters a reason to blame upkeep instead of sudden peril.
Florida storms create patterns of denial. Carriers may label wind-driven rain as “flood,” insist roof shingles were already loose, or say water entered through old flashing. Reading your insurance policy’s declarations page and the exclusions section before disaster strikes helps you spot these traps.
Now that we know why the claim hit a wall, let’s walk through the first moves you should make right after the denial arrives.
Steps to Take After Insurance Denial
An insurance denial can be frustrating and disheartening, especially when you were counting on coverage. But don’t let that initial disappointment stall your response. Time is limited, and insurers often impose strict deadlines for appeals. Your best strategy is to act swiftly, stay organized, and gather compelling evidence to support your case.
- Review the denial notice line by line. Open the letter as soon as it arrives and read every line with focus. Look for policy provisions cited by the insurer and highlight each one. Then, pull out your own copy of the insurance policy and compare the cited language with what’s actually in the contract. Look specifically at the stated reasons for the denial.Was it a technicality, such as missing documentation? Did they claim the issue fell under a policy exclusion like “wear and tear?” Or was there simply not enough supporting evidence in their view? Also, pay close attention to deadlines and any instructions about how to appeal. Many policies require you to respond within 30 to 60 days, so don’t delay.
- Gather fresh documentation. Insurers expect you to provide proof, so this is your opportunity to strengthen your case. Start by taking new photos and short videos of the damage—make sure they’re clear and time-stamped if possible.Then request written repair estimates from licensed professionals. If you suspect bias in the original assessment, consider hiring an independent adjuster to provide a second opinion. You should also track down any receipts, maintenance logs, or warranty paperwork that may back up your claim. In some cases, outside reports like weather alerts, police records, or fire department documentation can support your position as well.
- Request clarification in writing. Even if the denial letter seemed clear, it’s a good idea to speak directly with the claim representative. Ask them to walk you through the reasoning behind the decision in more detail. Find out if there was a specific document they expected, or if a particular part of your policy was the issue.Ask what, if anything, would have changed the outcome. Once you’ve had the conversation, follow up with an email that summarizes what was discussed. Keep your tone professional and stick to the facts. For example, you might write: “Per our phone conversation today at 2:15 p.m., you mentioned that the denial was due to a lack of sufficient evidence regarding the origin of the leak. You suggested a plumber’s report may help clarify. Please confirm this understanding.” Save a copy of that email and take a screenshot in case it becomes relevant later.
- Log every interaction. Start keeping a written or digital log of every interaction you have with the insurance company. Record the date, time, and name of the person you spoke to, along with a short summary of what was said. If they made any commitments, like promising to return your call or rechecking your documents, note that, too.You don’t need anything fancy. A spiral notebook, spreadsheet, or note-taking app will work fine. Also, take screenshots of every email, message, or portal submission. A detailed paper trail like this can become essential if you need to escalate your case to mediation or even court.
With records in hand, you are ready to challenge the decision formally and file an appeal.
Appealing a Denied Homeowners Insurance Claim
Florida policies outline a multistep appeal or “supplemental review” process. Make sure you follow the contract wording because missing an internal step can hurt a future lawsuit.
How to Craft a Solid Appeal Letter?
- State the claim number, loss date, and sections of the policy that support coverage.
- Attach labeled exhibits: photos, receipts, professional opinions, weather data, or building code excerpts.
- Politely demand reconsideration and give a concise deadline for response, often 14 to 30 days.
Most policies give at least 60 days from the denial date to file this appeal, but some are shorter, so check yours and understand the appeals process. If the policy offers appraisal or mediation, you may request it at the same time. In appraisal, each side hires an appraiser, and a neutral umpire breaks any impasse on value. Mediation, run through the Florida Department of Financial Services, brings both sides to the table with a state-approved mediator.
Common pitfalls include mailing the appeal to the wrong address, missing proof-of-loss forms, or submitting only partial cost estimates. Triple-check these points before sending.
You have done the groundwork. Next comes a quick overview of the legal rights backing your efforts.
Overview of Florida Laws on Home Insurance Claims
Florida statutes give homeowners specific protections and impose strict timelines on insurers. Understanding the framework helps you push back with confidence and reach a favorable final settlement.
| Key Florida Claim Deadlines and Duties | ||
| Statutory Requirement | Time Frame | Where Found |
|---|---|---|
| Insurer must acknowledge claim receipt | Within 14 days | Florida Stat. § 627.70131(1) |
| Insurer must pay or deny | Within 90 days | § 627.70131(5) |
| The homeowner must submit proof of loss if requested | Usually 60 days | Policy language |
| Civil remedy notice (bad faith) cure period | 60 days | § 624.155 |
The Homeowner Claims Bill of Rights, delivered with every new residential policy, restates these timelines and reminds policyholders of the right to free mediation after declared emergencies. Recent reforms trimmed attorney fee multipliers and changed assignment-of-benefits rules, but carriers still face penalties for unreasonable delay or denial.
If an insurer violates these statutes, you may add a bad faith count to any later lawsuit and seek extra-contractual damages.
Knowing the law is helpful, yet some fights call for professional backup.
When to Retain an Insurance Lawyer
Not every dispute needs counsel, but certain red flags suggest it is time to pick up the phone:
- Large losses involving roof replacement, extensive water intrusion, or structural repairs.
- Repeated denials or “lowball” offers after you supplied solid evidence.
- Signs of bad faith, such as missed statutory deadlines or shifting explanations.
- Complex policy language on matching materials, ordinance upgrades, or additional living expenses.
An attorney can dissect the contract, calculate hidden benefits, and communicate with the carrier on your behalf. Most property claim lawyers work under a contingency fee, meaning you pay nothing up front and the fee comes from the recovery. Early involvement often speeds negotiations because insurers know the file may land in court if stalling continues.
Before hiring, ask about case expenses, settlement authority, and an estimated timeline, then get the agreement in writing.
Even with legal help, homeowners can sabotage their own claims through simple missteps that a public adjuster could help prevent. Let’s look at those traps so you can avoid them.
Common Errors in Filing Home Insurance Claims
Small oversights cost real dollars. Watch out for these frequent mistakes:
- Delay. Time is your enemy in claims handling. Waiting even a few weeks to notify your insurance company gives them room to argue that the damage worsened after the event and wasn’t entirely caused by the original incident. They may claim that mold, rot, or structural issues developed in the interim, which can dramatically reduce what they’re willing to cover, or result in a denial altogether. The sooner you report, the stronger your case.
- Failure to mitigate. Florida law, like many state laws, places a legal duty on homeowners to take reasonable steps to prevent further loss. This means if your roof is leaking, you need to tarp it. If windows are shattered, board them up. If a pipe bursts, shut off the water. Insurers expect you to act like a responsible property owner. If you don’t, they can, and often will, reduce or deny coverage based on “failure to mitigate.” In their view, you allowed avoidable damage to occur.
- Inconsistent statements. From the moment you report the claim, everything you say matters. Inconsistent accounts, especially during recorded phone calls, can seriously damage your credibility. For example, if you initially describe the damage as storm-related, but later suggest it was a plumbing issue, the insurer may use that to deny your claim. Always write down the key details before you call, and stick to the facts as you know them. If you’re unsure about something, it’s okay to say so.
- Signing releases without reading. Not all paperwork is what it seems. A form labeled “proof of loss” might seem routine, but it could contain fine print waiving your right to sue or appeal. Some insurers include broad release language that essentially closes your claim permanently once signed. Never assume a document is harmless just because it’s standard-looking. Read everything carefully. If you’re unsure, run it by an attorney or public adjuster before signing.
- Hiring unlicensed contractors. After a disaster, contractors often flood into hard-hit areas, and not all of them are reputable. Hiring someone without the proper licensing or insurance can void portions of your claim, especially if their work causes additional damage. Beyond that, insurers may reject the invoice entirely or refuse to reimburse certain repairs. Check contractor credentials through your state’s licensing board, and always get written agreements and receipts.
Keep a running file from day one: photos, receipts, phone logs, and policy copies. Organized records make both appeals and legal action far smoother.
We have covered the tough parts. If the process still feels overwhelming, especially due to concerns about insufficient documentation, help is one conversation away..
Get The Help You Need From Kennon Law
Denied claims do not have to be the last word. At Kennon Law, we fight for Florida homeowners every day, pressing insurers for fair payment backed by hard evidence and strong courtroom skills. Speak with us about your denial, especially if the insurance company denies your claim without justification. Share your documents, and learn how we can pursue the coverage you paid for.
Call 888-878-4267, email, or visit our website to set up a no-obligation consultation. The sooner we review your file, the faster we can push the carrier to do the right thing. Let’s protect your home and peace of mind together.
