Florida Insurance Claims & Litigation Lawyers
Fuxa & Tyler is a Florida law firm that represents property owners in disputes with their insurance companies. When a carrier denies, delays, or underpays a claim for hurricane, wind, water, fire, or roof damage, our attorneys step in for homeowners, condominium owners and associations, landlords, and business owners across the state. If you have been working with a public adjuster and the claim has stalled, or you are a public adjuster who needs counsel on a file, we can help. Contact the Florida insurance claims lawyers at Fuxa & Tyler for a free consultation.
The firm was built by people who know property claims from the inside. Attorney Andrew Fuxa started his career nearly 30 years ago as a property restoration contractor and later ran a public adjusting company, personally handling more than 400 property damage appraisals before practicing law. Attorney Gilberto Barreto spent more than a decade representing insurance carriers in coverage and bad faith litigation before switching sides in 2016 to represent policyholders. That combination means our team understands how a loss is measured, how an adjuster builds an estimate, and how an insurer’s lawyers prepare to defend a denial. Several of our attorneys and staff speak Spanish, and we represent clients throughout Florida from our office in Sunrise.
We regularly help property owners in Fort Lauderdale, Sunrise, Tampa, St. Petersburg, Clearwater, Sarasota, and Orlando, along with communities from the Panhandle to the Keys.
Insurance Claims, Coverage Disputes, & Property Damage Claims
After a loss, most people expect their insurer to inspect the damage, honor the policy, and pay what the repairs actually cost. Too often the process goes differently. Carriers send adjusters who scope only part of the damage, rely on policy exclusions that do not fit the facts, blame long-term wear for a sudden loss, or let a claim sit without a decision. Fuxa & Tyler handles these insurance disputes from the first coverage question through trial when a fair resolution is not offered.
Our work covers denied insurance claims, underpaid and lowball estimates, first-party property coverage disputes, and broader coverage disputes over policy language. When the disagreement is about the amount of the loss rather than whether it is covered, we guide clients through the insurance appraisal process. When an insurer’s conduct crosses the line into unfair claims handling, we evaluate whether a bad faith claim is available under Florida law.
Property damage claims are the center of this practice. The firm has represented homeowners, condominium associations, and business owners recovering from roof damage, water intrusion, mold, plumbing failures, lightning, fire, and other losses. In one first-party coverage dispute, the insurer’s pre-trial offer was $525,000 and the case settled for $1,600,000. In a bad faith matter, a $125,000 pre-trial offer became a $1,550,000 settlement. Every case is different, but those results show what happens when an insurer’s number is tested by attorneys who are ready to litigate.
Hurricane Damage
Florida sees more hurricane landfalls than any other state, and the damage a storm leaves behind is rarely limited to what can be seen from the street. Wind lifts shingles and tiles, opens seams in roofing systems, and drives rain into walls and ceilings, while storm surge and flooding bring their own coverage questions. After a major storm, insurers handle thousands of claims at once, and rushed inspections lead to missed damage and low estimates. Contact the Florida hurricane damage lawyers at Fuxa & Tyler to talk about your claim.
Timing matters after a hurricane. Under Florida law, notice of a new property insurance claim generally must be given within one year after the date of loss, and notice of a supplemental claim within 18 months. Roof claims deserve particular attention, because many Florida policies now include roof payment schedules that pay depreciated value on older roofs. We review the endorsements in your policy, compare the carrier’s estimate against an independent one, and push back when wind damage is written off as wear and tear. Our roof damage insurance claim attorneys see these disputes after nearly every storm season.
Why Property Owners Choose Fuxa & Tyler
Fuxa & Tyler focuses on one side of the insurance relationship: the policyholder. The firm’s attorneys bring backgrounds that are uncommon in this field. Andrew Fuxa earned a degree in building construction from the University of Florida and spent years in restoration and public adjusting before law school. Jeremy F. Tyler, whose work centers on federal court cases and appeals, was recognized by the Florida Supreme Court for his performance on the Florida Bar exam and is admitted in Florida and six other states. Gilberto Barreto is AV rated by Martindale-Hubbell and has tried jury and non-jury civil cases in state and federal court. Jesse Long, who has represented policyholders in first-party property disputes since 2015, is AV Preeminent rated by Martindale-Hubbell and has been recognized as a Rising Star by Super Lawyers. Xavier W. Rojas and Maria Diaz round out a team that handles complex first-party litigation every day. You can read more about each of our attorneys.
Clients work directly with their attorneys. We meet with clients regularly, explain each stage of the claim in plain terms, and keep them informed as the case moves forward, whether that means a demand to the carrier, appraisal, mediation, or a lawsuit.
Working With Public Adjusters
A strong insurance case starts with strong documentation. As attorneys, our role is to interpret the policy, apply Florida law, and hold the insurer to its obligations. Measuring a loss, photographing damage, and preparing a line-by-line repair estimate is specialized work that belongs to experienced adjusters and contractors. For that reason, Fuxa & Tyler maintains a close network of public adjusters, contractors, and other professionals who help quantify losses accurately.
When a claim comes to us with a public adjuster already involved, we work alongside that adjuster to move the claim forward. When a property owner comes to us directly and the fieldwork has not been done, we may refer that work to a public adjuster or retain one as a consultant or expert so the claim is built on solid evidence from the start.
Insurance Repairs Gone Wrong
Some of the most frustrating claims start after the insurer has already acted. Through managed repair programs, carriers send their own contractors to restore a home, and the results can include incomplete dry-outs, hidden moisture, mold, and workmanship that leaves the property worse than before. Fuxa & Tyler represents homeowners in managed repair disputes and in cases where an insurer invokes its right to repair instead of paying the claim. When an insurer elects to repair, it takes on responsibility for doing the work properly, and that responsibility can be enforced.
Water losses raise their own problems. Insurer-selected mitigation vendors sometimes skip moisture mapping, leave saturated materials in place, or close up walls before the structure is dry. The damage that follows is often denied as a new or excluded loss. Our attorneys handle bad mitigation and dry-out disputes by documenting what the vendor missed and holding the carrier accountable for the consequences.
Insurance Claim Arbitration
Some Florida property policies include an arbitration endorsement that sends coverage disputes to a private arbitrator instead of a courtroom. Arbitration usually means limited discovery, a shorter timeline, and a binding decision that is difficult to appeal, so preparation matters from the beginning. We review whether arbitration actually applies under your policy and, when it does, present the evidence and expert testimony needed to prove the full value of the loss in insurance claim arbitration.
Construction Defects & Chapter 558 Claims
Property damage does not always begin with a storm. Defective roofing, water intrusion from poor flashing or window installation, structural problems, and code violations can cause losses that insurers deny as excluded workmanship issues while the contractor points back at the carrier. Fuxa & Tyler represents property owners and condominium associations in construction defect cases and in the claims that often run alongside them against an insurer.
Before suing a contractor, designer, or developer over a defect in Florida, a property owner generally must follow the pre-suit notice process in Chapter 558 of the Florida Statutes, which gives the other side a chance to inspect and respond. That process is often used to delay, so our attorneys handle Chapter 558 construction defect claims with the litigation in mind, coordinating expert inspections and keeping deadlines under control.
Insurance Claims, Disputes, & Property Damage FAQs
What should I do immediately after my property is damaged?
Make sure the property is safe, then photograph and video all of the damage before anything is moved or thrown away. Make reasonable temporary repairs, such as tarping a roof or extracting water, to keep the damage from getting worse, and keep every receipt. Report the claim to your insurer promptly, and avoid permanent repairs until the damage has been documented and inspected. Speaking with an attorney early can help protect the claim before the insurer forms its position.
How long do I have to file an insurance claim in Florida?
Under Florida law, notice of a new or reopened property insurance claim generally must be given to the insurer within one year after the date of loss, and notice of a supplemental claim within 18 months after the date of loss. A lawsuit for breach of a property insurance contract generally must be filed within five years of the date of loss. Your policy may also require prompt notice, so it is best not to wait.
What is the difference between a reopened claim and a supplemental claim?
A reopened claim asks the insurer to reopen a claim it previously closed for additional costs on damage that was already disclosed. A supplemental claim is a claim for additional loss or damage from the same event, often discovered during repairs. Florida sets different notice deadlines for each, so identifying which one applies is an important first step.
What types of property damage claims does Fuxa & Tyler handle?
The firm handles hurricane, windstorm, roof, water, fire, mold, and lightning damage claims, along with business interruption, theft, and other residential and commercial property losses. We also handle disputes over managed repairs, insurer-directed mitigation, appraisal, arbitration, and construction defects.
Why was my insurance claim denied?
Common reasons include policy exclusions, claims that the damage is old wear and tear or pre-existing, allegations of late notice, and disputes over whether a covered event caused the loss. A denial letter is the insurer’s position, not the final word. Our attorneys review the letter, the adjuster’s report, and the policy to determine whether the denial holds up.
What if my insurer undervalued my damages?
Low estimates are one of the most common problems we see. Insurers may leave out damaged areas, use repair methods that do not meet code, or depreciate items improperly. We work with independent adjusters and contractors to build an accurate estimate and use it to challenge the carrier’s number through negotiation, appraisal, or litigation.
What does “replacement cost value” mean?
Replacement cost value, or RCV, is the cost to repair or replace damaged property without a deduction for depreciation. Actual cash value, or ACV, is replacement cost minus depreciation. Many policies pay ACV first and the rest after repairs are completed, and some roof endorsements limit payment to a depreciated amount, so the policy language controls what you are owed.
What is a bad faith insurance claim?
A bad faith claim arises when an insurer fails to handle a claim fairly and honestly, such as by refusing to settle when it should have, denying coverage without a proper investigation, or misrepresenting policy terms. In Florida, a first-party bad faith action generally requires a civil remedy notice to the insurer and, under current law, a determination that the insurer breached the policy before the bad faith claim can proceed.
Does the insurance company have to pay my attorney’s fees?
For most residential and commercial property insurance policies issued after Florida’s December 2022 reforms, the law no longer requires the insurer to pay the policyholder’s attorney’s fees simply because the policyholder recovers money in a lawsuit. Fee questions can still depend on when your policy was issued and how a case resolves, which is one reason to discuss them at the start of a case.
How does Fuxa & Tyler charge for insurance claim cases?
You pay no attorney’s fee unless we recover for you; case costs are explained in writing before you sign, and your first consultation is free.
Do I need an attorney if I already have a public adjuster?
Not every claim needs a lawyer, but a public adjuster cannot file a lawsuit, take depositions, or represent you in court. When an insurer refuses to move or the dispute turns on legal questions about the policy, adding an attorney gives the claim leverage that an adjuster alone cannot provide. We work alongside public adjusters on many cases.
What should I do if my insurance company forces me into a managed repair program?
Read your policy and any notice from the insurer carefully, and talk with an attorney before agreeing to the insurer’s contractor or scope of work. Managed repair gives the carrier significant control over who does the work and what gets repaired, and problems are far easier to address before the work begins than after.
Can I challenge the insurance company’s decision to repair my home instead of paying me?
Yes. An insurer that elects to repair must follow the terms of the policy, including its notice requirements, and it becomes responsible for completing the repairs properly. If the election was improper or the repairs fall short, you may have claims against the insurer.
What happens if the contractor the insurance company sent does a poor job?
When the insurer selected and directed the contractor, the insurer may be responsible for the contractor’s mistakes. Poor mitigation or repair work can lead to mold, structural damage, and additional repairs. An attorney can document the deficiencies, bring in expert evaluations, and pursue both the faulty work and the damage it caused.
How do I know if my home was dried out properly after a water loss?
A proper dry-out involves moisture mapping, removal of saturated materials, and monitoring until the structure reaches dry standards. Lingering odors, returning stains, warped flooring, peeling paint, and visible mold are common signs something was missed. If you suspect a poor dry-out, an independent inspection and a legal review should happen as soon as possible.
Is arbitration mandatory for my insurance claim?
It depends on your policy. Arbitration is mandatory only if your policy contains an arbitration provision that applies to the dispute. Many policies do not. An attorney can review your policy, explain whether arbitration applies, and prepare the case for whichever forum it will be decided in.
What is a Chapter 558 construction defect claim?
Chapter 558 is Florida’s pre-suit process for construction defect claims. Before filing a lawsuit, a property owner generally must give written notice of the defects to the contractor, subcontractor, supplier, or design professional, who then has the opportunity to inspect and respond with an offer to repair, an offer to pay, or a denial.
What should I do if the builder denies responsibility during the 558 process?
A denial or an inadequate offer does not end the claim. Once the 558 process is complete, the property owner can generally proceed to litigation. Preserving evidence and engaging qualified experts early puts the case in a much stronger position if a lawsuit becomes necessary.
Contact Florida Insurance Claims & Property Damage Lawyers at Fuxa & Tyler
If your insurance company has delayed, denied, or underpaid your claim, you do not have to deal with it alone. Fuxa & Tyler represents policyholders throughout Florida in insurance disputes, property damage claims, and bad faith cases, with a team that knows how claims are built and how insurers defend them. Our office is located at 490 Sawgrass Corporate Parkway, Suite 110, in Sunrise, and consultations are available in English and Spanish. Call 954-990-5251 or 888-STRM-DMG to schedule a free consultation.
