Florida First Party Property Insurance Claims Lawyer
Property Claim Lawyers Firm With Over 20+ Years of Experience
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Types of First-Party Property Insurance Claims We Handle
If your property insurance claim has been denied, delayed, or underpaid, you need an experienced first-party property claims attorney. At Rosso Legal, P.A., we represent homeowners and commercial business proprietors in pursuing every entitlement under their insurance policies. Each case is reviewed on its own merits, with your objectives and preferences guiding our strategic decisions. Additionally, any ambiguities or unclear provisions in your policy will be construed against the insurer (the drafter) and in favor of broader coverage for the insured. Below is a summary of the most common first-party claim types we handle, with some key common considerations for each:
Serving Property Owners Throughout Florida
- Miami-Dade County
- Broward County
- Palm Beach County
- Orange County
- Hillsborough County
- And all Florida counties
Hurricane & Windstorm Claims
- Document pre- and post-storm condition.
- Engage meteorological and engineering experts to establish wind speeds and causation.
- Insist on full replacement cost versus actual cash value when allowed.
Fire & Smoke Damage
Scope: Loss caused by fire, smoke infiltration, soot damage, and firefighting efforts (e.g., water damage from hoses).
Common Issues: Undervaluation of structural repairs, HVAC duct cleaning claims, contents restoration limits.
Key Strategies: Retain fire investigators to pinpoint origin and extent.
- Work with restoration specialists to prepare detailed scope and cost estimates.
- Challenge caps on clean-up or content replacement if policy limits permit.
Insurance companies often undervalue fire damage claims. As a fire damage attorney, I work with forensic experts to prove the full extent of your loss.
Vandalism & Burglary
Scope: Malicious damage or theft from forced entry, broken windows, graffiti, or intentional property harm.
Common Issues: Disputed cause (vandalism vs. wear and tear), limits on contents coverage, proof of loss of stolen items.
Key Strategies:
- Provide police reports, security footage, and locksmith invoices.
- Present detailed inventory of stolen or destroyed items with receipts.
- Push back on unnecessary depreciation of personal property.
Water Loss & Plumbing Failures
Scope: Sudden and accidental discharge or overflow of water from plumbing, pipes, appliances (refrigerators, water heaters), and HVAC systems.
Common Issues: Denials as “gradual damage,” disputes over cause (wear and tear vs. accidental break), mold exclusions.
Key Strategies:
- Engage a licensed plumber or forensic expert/engineer to diagnose the exact failure point.
- Document emergency mitigation (water extraction, dry-outs) and associated costs.
- Assert coverage for secondary damage (structural, mold) when sudden loss triggers protection.
When insurers deny water damage claims as ‘gradual damage,’ you need a water loss attorney fighting back with expert testimony and forensic evidence.
Additional First-Party Claim Types
Theft & Burglary: (non-vandalism): Loss of personal/business property without forced entry.
Collapse & Sinkhole Damage: Sudden structural collapse or earth subsidence due to sinkholes, weight loads, structural defects, or hidden decay/erosion. Key strategies include retaining structural/geotechnical engineers and forensic architects to diagnose the cause, documenting pre-loss conditions, and coordinating with safety inspectors to support coverage under both collapse and earth movement provisions.
Hail Damage: Detailed roof scan and paint thickness testing.
Flood (NFIP & Non-NFIP): Representation under both National Flood Insurance Program (NFIP) and private flood policies for water intrusion, requiring detailed damage assessments, elevation certificates, and proof of storm-related causation.
Catastrophic Events: Tornado, lightning, hail, falling trees, and more.
Your Advocate: At Rosso Legal, P.A., we fight tirelessly on behalf of homeowners and commercial property owners to enforce their policy rights, secure full and fair compensation, and hold carriers accountable when they undervalue or wrongfully deny valid claims. Contact us today for a no-cost case evaluation.
First Party Property Claim Timeline
Your step-by-step guide through the insurance claim process
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Pre-Loss Documentation – If possible
Before any storm or loss event, proactively document your home and belongings:
- Photograph and video each room, capturing furniture, electronics, and personal items.
- Record video walkthroughs of your home’s interior and exterior to provide context and a timeline.
- Take exterior photos and video: front, back, sides, and roof.
- Keep a dated digital or printed inventory list of your major possessions.
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Document the Loss
After your loss (wind, water, fire, theft, etc.), immediately:
- Take comprehensive photographs and/or video of all damage and impacted contents.
- Make temporary emergency repairs (tarp roofs, board up windows, etc.) and keep receipts—these costs are often fully reimbursable.
- Track all out-of-pocket expenses, including emergency mitigation services and additional living expenses (ALE), to support your claim.
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Report the Claim
- Submit your claim via your agent, carrier portal, or by certified mail.
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Respond to Information Requests
Your carrier will likely ask for:
- A detailed proof-of-loss form
- Repair estimates or contractor quotes
- Any additional photographs or documentation
Be diligent in meeting these deadlines to avoid coverage delays.
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Property Inspection
The insurer’s adjuster (staff or “independent”) will inspect your property:
- Accompany the adjuster to point out all damage.
- Provide copies of estimates and explain repair plans.
- Keep notes of who attended, who you spoke with and what was said.
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Coverage Decision
- Advise you in writing of its coverage determination.
- Explain any denials or coverage limits.
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Examination Under Oath (If Requested)
- Sit for sworn testimony about the claim.
- Have counsel present to protect your interests—we highly recommend you engage an attorney to represent you, as the insurer will have its own lawyer conducting the questioning.
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Demand Letter & CRN
- Detailed damage estimates from loss consultants, licensed contractors, or public adjusters supporting the Actual Cash Value (ACV) and Replacement Cost Value (RCV) (as applicable under your policy).
- Expert reports (e.g., engineering, forensic analysis, mold, structural) to establish causation or quantify damages based on the loss type.
- Photographic and documentary evidence of damages and repairs.
- Serve the demand package on the insurer, outlining all claimed damages and supporting documentation.
- If statutory violations exist, serve a Civil Remedy Notice (CRN) under Fla. Stat. § 624.155 within the statutory cure period to preserve your right to litigate an insurer bad‑faith claim; you may still pursue an initial breach‑of‑contract action for policy benefits without waiting the CRN’s 60‑day cure period.
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Next Steps: Litigation, Mediation, Appraisal, or NOAH
- Litigation: File a lawsuit in court to recover policy benefits, statutory interest, attorney’s fees, and other allowable damages.
- Mediation: Participate in a structured negotiation before a neutral mediator to pursue a voluntary settlement without filing suit.
- Appraisal: Invoke your policy’s appraisal clause, using independent appraisers (and, if needed, an umpire) to fix the value of covered property damage.
- NOAH Administrative Hearing (Citizens policies only): If you hold the Citizens NOAH endorsement, we’ll advise you on whether to invoke this administrative arbitration process and guide you through each procedural step.
We’ll discuss the pros and cons of each approach with you and, together, select the strategy best suited to achieve your goals.
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Next Step: Schedule your free case evaluation with Rosso Legal, P.A. so we can guide you through each of these steps and protect your rights at every turn.
Get Your Free Property Claim Evaluation Today
Don’t let insurance companies shortchange you on your property damage claim. Contact Rosso Legal, P.A. for a free case evaluation and learn how we can maximize your insurance recovery.
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Call (954) 306-1200 or complete our online form for your free consultation.
Frequently Asked Questions About First-Party Property Claims
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Professional Recognition and Memberships
Scott Rosso maintains active memberships in prestigious legal organizations and have received recognition for their exceptional legal work:
