The Role of a Miami Property Insurance Lawyer in Property Insurance Claims

The Role of a Miami Property Insurance Lawyer in Property Insurance Claims

Property insurance claims can be a complex process. Whether you’re a homeowner or a renter, it’s crucial to understand the role of a Miami property insurance lawyer when filing a claim. This article will provide you with an in-depth look at the various aspects of property insurance claims, from understanding what your insurance policy covers to knowing your rights under Florida law.

Understanding Property Insurance Coverage

State Risk Management Trust Fund

In Florida, most state-owned buildings and contents are self-insured through the State Risk Management Trust Fund. This organization assesses an annual premium from state agencies and pays claims for property losses due to covered perils.

These perils might include fire, lightning, windstorm, hail, and even civil commotion. The fund also covers non-owned state-leased properties if an approved lease is present and conforms to the property policy. However, each loss is subject to a deductible, typically $2,500 per occurrence, except for flood.

Homeowners’ Insurance Policies

Homeowners’ insurance is not a legal requirement in Florida, but mortgage lenders usually require it. It offers protection against property loss and certain types of damage. Coverage components often include:

  • Dwelling: This coverage protects the home itself from damage.
  • Other Structures: This covers other structures on your property, like garages or sheds.
  • Personal Property: This refers to the contents of your home. If a natural disaster causes damage to your possessions, this coverage comes into play.
  • Additional Living Expenses: If your home becomes uninhabitable due to damage, this coverage helps with the extra costs of living elsewhere.
  • Liability Coverage: This protects you if someone else gets injured on your property and files a lawsuit.
  • Medical Expenses: This covers the medical bills if someone gets accidentally injured in your home.

Commercial Property Insurance

For businesses, commercial property insurance is available to cover losses due to natural disasters, theft, and other damage. Examples of property damage that might be covered include windstorm, flood, fire, and even damage from vehicles or aircraft.

Understanding the Property Claims Process

When you face property damage, the first step is to report the loss to your insurance company. If you’re a state agency, you’ll liaise with your Property Coordinator, who will need to report the incident to the Division of Risk Management.

For homeowners, you should call your insurance company before speaking with any repair services or contractors. If emergency repairs are necessary to prevent further damage, be sure to document everything and keep all receipts.

Why You Need a Miami Property Insurance Lawyer

The process of filing a property insurance claim can be complicated and confusing. Insurance companies might delay payments or even deny your claim outright. This is where a Miami property insurance lawyer can be of great help. We highly recommend speaking with a property insurance law firm such as Cernitz Law.

Advocacy and Assistance

A competent property insurance lawyer can help you navigate the claims process and ensure that your rights are protected. They can help you understand your insurance policy, the extent of your coverage, and what exactly you can claim. They can also represent you in negotiations with your insurance company, striving to get you the compensation you deserve.

Handling Claim Denial or Disputes

If your claim has been denied or if you’re in a dispute with your insurance company over the value of the damages, a property insurance lawyer can provide invaluable assistance. They can help you understand why your claim was denied and guide you on the next steps to take.

Ensuring Timely Resolution

Under Florida law, insurance companies have certain deadlines to meet when handling claims. They must acknowledge your claim within 14 days of filing and inform you within 30 days whether your claim is denied, partially covered, or fully covered. Within 90 days, your claim should be resolved with payment or denial.

A Miami property insurance lawyer can ensure that these timelines are adhered to, and if not, they can take the necessary legal actions to protect your interests.


Navigating the world of property insurance claims can be daunting and confusing. But with a competent Miami property insurance lawyer by your side, you can ensure that your rights are protected and that you get the compensation you deserve. Don’t let insurance companies intimidate you or offer you less than what your claim is worth. Reach out to a property insurance lawyer today.