[FL] Homeowners insurance didn't give me sufficient coverage, and now I have a loss. What can I do?
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Under Florida law (§ 626.9541(1)), if your insurance agent failed to secure the coverage you specifically requested — despite you providing photos and prior policy details — you may have grounds to sue for negligence or misrepresentation.
Insurance agents and brokers in Florida have a legal duty to use reasonable care when:
- Obtaining the coverage a customer requests; and
- Accurately recording material information (like roof type, construction, or home features) that affects the policy’s risk and pricing.
If they failed to do either, and their error caused you to be underinsured or denied coverage for your loss, you can pursue:
- Damages equal to what your policy should have covered, or
- A claim for negligent procurement of insurance.
To strengthen your position, you should:
- Gather emails, texts, and documents showing what you requested and provided.
- Keep copies of photos and any prior policy you shared.
- Document the insurer’s responses, especially the dismissive “oh well” comment.
Once you have that, contact a Florida insurance attorney who handles agent negligence or bad faith claims. They can send a demand letter to the agency or insurer — often enough to get results without a full lawsuit.
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I obtained new homeowners insurance and gave them a copy of my previous policy, asking for coverages to be similar. I also sent pictures of my home. It turns out they didn’t give me sufficient coverage, and now I have a loss. They also didn’t put the right information into my policy, like the fact that I have a metal roof — even though I told them and sent pictures. I feel like they made an error on my policy, and now I can’t reclaim losses.
I’m sorry to hear about the issues you’re facing with your homeowners insurance. Did you discuss the specific coverages you wanted with the insurance company before obtaining the policy?
Yes.
Have you tried reaching out to the insurance company to address these discrepancies in your policy and coverage?
Yes, and they told me “oh well.”
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your insurance coverage issue.
Florida policy.
Welcome, and thank you for your question. My name is Gurney, and I’m the attorney who will be assisting you today. I’m happy to draw on my years of experience as an attorney and former prosecutor to offer some guidance.
Under Florida law (§ 626.9541(1)), if your insurance agent failed to secure the coverage you specifically requested — despite you providing photos and prior policy details — you may have grounds to sue for negligence or misrepresentation.
Insurance agents and brokers in Florida have a legal duty to use reasonable care when:
- Obtaining the coverage a customer requests; and
- Accurately recording material information (like roof type, construction, or home features) that affects the policy’s risk and pricing.
If they failed to do either, and their error caused you to be underinsured or denied coverage for your loss, you can pursue:
- Damages equal to what your policy should have covered, or
- A claim for negligent procurement of insurance.
To strengthen your position, you should:
- Gather emails, texts, and documents showing what you requested and provided.
- Keep copies of photos and any prior policy you shared.
- Document the insurer’s responses, especially the dismissive “oh well” comment.
Once you have that, contact a Florida insurance attorney who handles agent negligence or bad faith claims. They can send a demand letter to the agency or insurer — often enough to get results without a full lawsuit.
