Your roof made it through the storm. Your claim did not.
That is how it starts for a lot of Tampa homeowners. Shingles in the yard, a brown stain spreading across the ceiling, and an adjuster who spends twenty minutes at the house. Two weeks later a letter arrives: the damage is wear and tear, the leak predates the storm, the claim is denied. Or the carrier offers a number that would not cover the materials, let alone the work. Meanwhile the stain keeps growing.
I am Louis P. Meyer, Esq., a Senior Attorney at Kanner & Pintaluga, P.A. in Tampa, and my practice focuses on exactly this fight: Florida homeowners against their own insurance companies over claims that were denied, delayed, or underpaid. This page explains what that work involves.
What this practice covers
A property damage claim is a first party claim, meaning you are claiming against a policy you paid for. The carrier agrees the roof is damaged but calls it age instead of wind. A pipe bursts and the carrier pays for the pipe but fights over the floors, the cabinets, and the mold that followed.
I handle claims across Florida involving hurricane and windstorm damage, roof damage, water and plumbing losses, fire and smoke damage, and mold. The legal work underneath includes coverage disputes, low estimates, appraisal, examinations under oath, sworn proofs of loss, and the presuit process Florida law requires before suit. Where a carrier acts in bad faith, Fla. Stat. § 624.155 provides a separate remedy that starts with a civil remedy notice and a sixty day chance to cure. Each step is leverage, with rules the carrier knows by heart and hopes you do not.
Learn more about specific types of property damage claims: hurricane, fire, water, mold, roof, vandalism, storm, flood, and condo damage claims.
The three ways carriers win claims they should lose
Denial is the obvious one, but it is not the most common. Delay is. A claim that sits in review for months costs the carrier nothing and costs you a home you cannot fully use. Requests for documents arrive one at a time. Adjusters rotate. Every month of delay tempts you to accept whatever finally gets offered just to be done. Underpayment is the quiet version of the same strategy. The carrier agrees the loss is covered, then writes an estimate that leaves out line items and prices labor below what any Tampa contractor will charge. On paper you were paid. In reality you are thousands short.
The third problem is the one homeowners create for themselves without knowing it. Florida policies impose duties after a loss: prompt notice, protecting the property, keeping records, cooperating with the investigation. Miss one and the carrier gets a defense that has nothing to do with whether your roof was actually damaged. Carriers count on good people tripping over obligations nobody explained to them.
How I approach this work
I start with the policy, not the denial letter. The policy is the contract, and the carrier has to live by its words just like you do. From there the job is building a record the carrier cannot wave away: documentation, real contractor numbers instead of guesses, experts where the damage is disputed, and every deadline met. Florida law sets timelines for carriers too, and I use those clocks. Under Fla. Stat. § 627.70131, a carrier generally has to pay or deny a residential property claim within sixty days after it receives notice, and Fla. Stat. § 627.70152 requires a presuit notice before suit. A carrier that knows the file is complete behaves differently from one hoping you get tired and go away. You will also hear the truth from me, including when part of a claim is weak. I would rather tell you that in my office than have you learn it from a denial letter eighteen months from now.
Questions Tampa homeowners ask about property damage claims
My insurance company denied my roof claim and blamed wear and tear. Is that the end of it?
No. Wear and tear is one of the most common denial reasons in Florida, and it is often applied to damage a storm caused or made worse. A denial letter is the carrier’s position, not a court’s ruling. The real question is what the evidence shows about when the damage happened and what caused it.
How long does my insurance company have to decide my claim?
Florida law sets deadlines. Under Fla. Stat. § 627.70131, an insurer generally must pay or deny a residential property claim within sixty days after receiving notice of it. If your claim has sat far longer with no real explanation, the delay itself may be worth examining.
What is an examination under oath, and do I have to attend?
An examination under oath, or EUO, is sworn testimony the carrier can demand as part of its investigation, recorded by a court reporter. Most Florida policies make it a condition of the claim, so refusing or ignoring it can give the carrier grounds to deny you. What you say there follows the claim wherever it goes.
What is a sworn proof of loss?
It is a signed statement, usually notarized, where you state under oath what you lost, when it happened, what caused it, and what the loss is worth. Homeowners guess at numbers on this form all the time. Those guesses become the carrier’s favorite exhibit later.
The carrier’s estimate is half of what my contractor quoted. Who is right?
Sometimes neither, and the gap has to be proven rather than argued. Carrier estimates often omit items, underprice labor, or scope a repair no contractor will perform for that figure. A documented contractor estimate and photos are how the real number gets established.
Do I have to use the contractor my insurance company recommends?
Generally no. Some policies have managed repair provisions that change the analysis, so your policy language matters. What you should never do is sign a repair contract or a direction to pay in the first stressful week without understanding what you are signing away.
The bottom line
A property damage claim is a contract dispute dressed up as customer service. The carrier has lawyers, adjusters, and engineers building its file from day one. The homeowner usually has a denial letter and a growing stain on the ceiling. Understanding your duties, your deadlines, and what the carrier is actually doing with your claim is most of the battle.
Louis P. Meyer, Esq.
Senior Attorney, Kanner & Pintaluga, P.A.
100 S. Ashley Drive, Suite 610, Tampa, FL 33602
Phone: 561-206-2949
Email: lmeyer@kpattorney.com
About the Author
Louis P. Meyer, Esq. is a Senior Attorney at Kanner & Pintaluga, P.A., where his practice focuses on first party property damage claims and personal injury cases across Florida. He was selected to Florida Rising Stars in 2024, 2025, and 2026. He is bilingual in English and Spanish, writes the LouisTheLawyer publication on Substack, and hosts the podcast Off The Record by Louis Meyer. He holds an LL.M. from the Sandra Day O’Connor College of Law at Arizona State University, a J.D. from Whittier Law School, and a B.A. from UCLA, graduating with Honors. He was admitted to The Florida Bar on November 23, 2020, Bar No. 1024811. This page is general information about how insurance claims work in Florida. It is not legal advice about any specific claim or policy.
Louis P. Meyer, Esq., Senior Attorney, Kanner & Pintaluga, P.A., 100 S. Ashley Drive, Suite 610, Tampa, FL 33602. Phone: 561-206-2949. Email: lmeyer@kpattorney.com.
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