What Happens During “Discovery” in a Florida Property Insurance Lawsuit?

In August of 2025, a Circuit Court Judge in Florida wrote that mandatory arbitration robs policyholders of “neutral discovery” during property insurance disputes. But what exactly is discovery, and why is it so important during a property insurance lawsuit? The word “discovery” is just one example of a confusing legal term you might encounter as you appeal a denied property insurance claim. An experienced property insurance lawyer in Fort Lauderdale can explain this term and many others.

What Is Discovery in a Lawsuit?

Discovery is a fact-finding process that occurs before a trial. During this process, both parties have a chance to gather as much information as possible about the upcoming case. With more information, both parties can approach the lawsuit as effectively as possible.

Discovery often involves numerous requests for information between parties. As long as the requested information is relevant to the upcoming trial, parties must provide it. Those who refuse to hand over key documents and other evidence can be ordered to do so by the court.

How Does Discovery Occur During a Property Insurance Lawsuit? 

Discovery is a key part of every legal case, from criminal trials to personal injury lawsuits. However, the discovery process may occur in different ways depending on the exact type of case. Property insurance lawsuits are no exception, and the discovery process in these cases is distinct in many ways.

For example, many property insurance lawyers representing policyholders seek to obtain internal communications from within insurance companies. These internal communications, such as email and text messages, may provide clues about potential misconduct. This misconduct might include bad faith, breach of contract, and more.

Because of the bureaucratic nature of a typical insurance company, property insurance lawyers may have to comb through endless files during this discovery process. These might include past claims, underwriting files, and much more.

That said, the specific priorities for discovery depend on your unique needs and goals. Each case is different, and each case raises distinct fact-finding goals.

Why Does Arbitration Make Discovery Biased?

Many insurers mandate arbitration, and this is an alternative dispute resolution (ADR) process that occurs outside of court. Although discovery may still occur during these private negotiations, it lacks the formulaic rules associated with litigation. Insurers may find it easier to bend these rules, and the overall scope of discovery may be limited. In other words, policyholders may find it challenging to find the information they need to achieve positive outcomes.

Contact Our Fort Lauderdale Property Insurance Lawyers Today

At Geyer Fuxa Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. If your property insurance claim was denied, we can help. For a free consultation, please call us today at (954) 990-5251. With an office in Sunrise, we represent policyholders in Broward County and throughout the state of Florida.

Sources:

 law.cornell.edu/wex/discovery

orlandoweekly.com/news/floridas-citizens-insurance-says-it-faces-being-irreparably-harmed-amid-legal-battle-40269852