Your Hurricane or Roof Claim Was Denied. Now What?
Written by Simon Nicholson, Founding Attorney · Published July 10, 2026 · Updated September 3, 2026 · 8 min read
Quick answer
A denied hurricane or roof claim in Florida can be challenged. Request the denial in writing, get an independent inspection, compare the denial to your actual policy language, and watch the deadlines: new claims generally must be reported within one year of the storm and supplemental claims within 18 months. Most denials rely on wear-and-tear exclusions or lowball estimates that an attorney can contest.
Key takeaways
- Florida law generally gives you one year from the date of loss to report a new hurricane or roof claim, and 18 months for a supplemental claim. Late notice is the easiest denial there is.
- 'Wear and tear,' 'pre-existing damage,' and 'improper maintenance' are the three most common denial reasons. All three can be rebutted with the right evidence.
- Your insurer's adjuster works for the insurer. An independent inspection is how you get a second opinion.
- Do not accept the first estimate. Lowball offers are routine, and accepting one can close the claim.
- Florida requires a pre-suit notice before you can sue your insurer. A lawyer handles that step so it is done correctly.
You paid your premiums for years. Then a storm came through, your roof took the hit, and the insurance company either said no or offered a number that would not cover a tarp. This happens to thousands of Florida homeowners after every hurricane season. Too many of them accept it.
A denial letter is the insurer's opening position, not the final word. Here is how to read it, what to gather, and how to push back.
Step one: read the denial like a lawyer would
Every denial has to cite a reason. Find it. It will usually point to a policy exclusion or a factual claim about your roof. The reason tells you exactly what evidence you need.
- 'Wear and tear' or 'deterioration': the insurer says the damage was age, not the storm. Rebut with pre-storm photos, roof age records, prior inspections, and a storm-date weather report.
- 'Pre-existing damage': same idea, different label. Show the roof was sound before the storm.
- 'Improper maintenance' or 'neglect': show your maintenance history and any repairs.
- 'Late notice': check the dates. Florida generally requires new claims within one year of the loss and supplemental or reopened claims within 18 months.
- 'Damage below deductible': hurricane deductibles are often a percentage of the home's insured value. Confirm the math and the scope of damage.
- Ask for a complete copy of your policy, the adjuster's report, and every photo and estimate the insurer relied on. You are entitled to see the file they built.
Step two: document the damage on your terms
If you have not already, photograph and video every affected area: the roof, attic, ceilings, walls, flooring, and any water intrusion. Date-stamp everything. Keep receipts for tarps, emergency repairs, and hotel stays. Do not throw away damaged materials until they have been inspected.
Then get an independent inspection. A licensed roofer, public adjuster, or engineer who does not work for your insurance company can document storm-created openings, wind damage patterns, and the true cost of repair. Their report is the backbone of a challenge.
Mitigate, but do not repair permanently before the claim is resolved. Tarp the roof, stop the water, keep receipts. Permanent repairs before inspection can erase the evidence.
Step three: know Florida's insurance timelines
Florida's property insurance laws changed significantly in 2022 and 2023. The practical rules today:
- Report a new claim within one year of the date of loss. Supplemental or reopened claims generally within 18 months.
- Once you file, the insurer must acknowledge the claim, begin investigating, and inspect the property within set windows, and it generally has 60 days to pay or deny the claim in whole or in part.
- Before suing a property insurer, Florida requires a formal pre-suit notice of intent to litigate. Getting this wrong can delay or derail a case.
- Your policy also has its own notice, proof-of-loss, and appraisal provisions. Read them or have a lawyer read them.
- Deadlines apply to every one of these steps. If you are unsure where you stand, call soon.
Not sure where you stand? Free case review, 24/7.
Call (844) SUN-SHINEStep four: your options after a denial
Depending on the facts, there are several paths, and they are not mutually exclusive.
- Request reconsideration in writing with new evidence, such as an independent inspection report.
- File a supplemental claim if new damage is discovered or the original estimate missed scope.
- Invoke appraisal if your policy provides it. Each side picks an appraiser, and a neutral umpire resolves disputes about the amount of loss. Appraisal addresses value, not coverage.
- Request mediation through Florida's Department of Financial Services, which offers a program for residential property disputes.
- Litigate. When an insurer will not pay what the policy promises, a lawsuit is the tool that forces the issue. This starts with the required pre-suit notice.
- Which path is right depends on the reason for denial, the dollar amount, and your policy terms. That is a conversation worth having with an attorney before you commit.
Lowball offers are denials in disguise
An offer that covers a few shingles on a roof that needs replacing is not a good-faith resolution. Insurers know most homeowners will take something rather than fight. Compare every estimate to an independent contractor's scope, line by line. Common tricks include pricing repairs instead of replacement, ignoring code-upgrade requirements, leaving out interior water damage, and applying depreciation aggressively.
Accepting a payment does not always close the claim, but signing a release does. Read before you sign.
How Sunshine State Law Firm helps homeowners
We represent homeowners, never insurance companies. We review your policy and the denial, coordinate independent inspections, handle every communication with the carrier, meet the pre-suit requirements, and take the case to court when the insurer will not pay what it owes. We handle roof damage, hurricane damage, water damage, and denied homeowners claims across Central Florida, Tampa Bay, and Jacksonville.
Gather your denial letter, your policy, and your photos, and call (844) SUN-SHINE. The case review is free and we speak Spanish.
Frequently asked questions
Related practice areas
About the author
Simon Nicholson, Founding Attorney, Sunshine State Law Firm
Simon Nicholson is the founder of Sunshine State Law Firm. Before returning to Florida to practice law, he spent about 15 years in Guatemala and Mexico doing community outreach and humanitarian work — an experience that shaped how he treats every client: with patience, empathy and respect.
His practice focuses on personal injury, wrongful death and homeowners insurance claims. Clients describe him as personable, responsive and honest — and he leads a team that treats your case as if it were their own.
This article is for general information and is not legal advice. Every case is different. Talk to an attorney about your situation. Prior results do not guarantee a similar outcome.
