Smoke fills your home. Fire damage threatens everything you’ve built. Your insurance company—the one collecting your premiums for years—suddenly claims wildfire damage isn’t covered under your policy. Miami-Dade residents may face this harsh reality as wildfires become more frequent near the Everglades and throughout South Florida.
At Your Insurance Attorney, we understand the devastation wildfire brings to Miami communities. From Homestead to Florida City, from Card Sound Road to the edges of Everglades National Park, we’ve helped property owners fight back when insurance companies reject claims. Our Miami wildfire damage lawyers know these companies’ tactics and fight for full compensation.
Florida law protects policyholders from unfair insurance practices during wildfire claims. Under Florida Statute 627.70131, insurers must acknowledge claims within 7 days and begin investigating within 7 days after receiving proof-of-loss statements.
Time limits matter for wildfire damage claims. Insurers must pay or deny claims within 60 days unless factors beyond their control prevent resolution. Missing these deadlines triggers statutory interest, though companies often ignore these requirements, hoping homeowners won’t enforce them.
Bad faith provisions offer additional protection when insurers unreasonably deny wildfire claims. Florida Statute 624.155 provides remedies when companies violate duties to policyholders. You may be entitled to statutory interest and other remedies; attorney’s fees are limited under recent reforms.
Recent legislative changes affect claim procedures, but core protections remain. Insurance companies must investigate fairly, communicate truthfully, and pay legitimate claims regardless of cause. Wildfire damage receives the same legal protection as any other covered peril.
Yes, standard homeowners insurance policies typically cover wildfire damage under fire peril provisions. Insurance companies may claim otherwise, but Florida law treats wildfire damage like any other fire loss. The key is policy language about fire damage—most don’t distinguish between fire causes. If your insurer claims wildfire requires separate coverage, demand they show specific policy exclusions. Many companies rely on policyholder confusion rather than actual contract terms.
Smoke damage from wildfires is covered under standard fire insurance provisions in Florida. Insurance companies often deny these claims incorrectly, arguing flames must touch your property directly. This position contradicts established law and policy language. Document smoke damage thoroughly, including professional air quality testing and contamination assessments. Smoke damage can be extensive and expensive to remediate properly, requiring specialized cleaning of HVAC systems, surfaces, and personal property.
Under Florida Statute 627.70132, you must notify your insurer within one year of the damage date for new claims. However, wildfire damage may not appear immediately, especially smoke-related issues. Document when you discover damage and any connection to wildfire events. Supplemental claims for additional damage must be filed within 18 months. Don’t delay—early reporting preserves your rights even if the full damage extent isn’t yet known.
No, insurers must adjust a covered fire loss based on the policy and facts of the loss—location alone isn’t a valid basis to deny a covered claim. They accepted premiums knowing your property location and assumed that risk. If insurers thought wildfire risk was too high, they shouldn’t have issued policies. Using location against policyholders after collecting years of premiums demonstrates bad faith.
Strong evidence includes official fire reports, evacuation orders, air quality warnings, and professional damage assessments. Photo-document all damage immediately, including subtle smoke discoloration and ash accumulation. Keep records of any communications from emergency services or forest management agencies. News reports about the wildfire help establish timing and severity. Professional remediation estimates demonstrate necessary repairs that insurance companies may minimize. The more documentation you compile, the harder it becomes for insurers to deny legitimate claims.
We truly care about getting the best results for you. Our goal is to help you through powerful representation from start to finish. We work with clients all over the states of Florida, Georgia, Colorado, North Carolina, and California.
