Bad Faith Insurance Attorney & Property Insurance – Hollywood, Florida

Introduction: Why Hollywood, Florida Homeowners Need This Guide

From Emerald Hills to the lakes of West Hollywood, property owners in Hollywood, Florida enjoy year-round sunshine—but they also face year-round insurance risks. Atlantic hurricanes, tropical downpours, and even spot fires can leave Broward County homeowners battling insurers instead of rebuilding roofs. If you have experienced a property insurance claim denial Hollywood Florida, you already know how quickly claim delay tactics can derail recovery. This guide—written with a slight bias toward protecting policyholders—explains your rights, the laws that back them, and practical steps to fight back against bad-faith insurance conduct.

The information below draws only from authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts. Whether you live near Hollywood Beach or along Sheridan Street, understanding Florida-specific protections can make the difference between a denied claim and a full, timely payout.

Understanding Your Property Insurance Rights in Florida

Key Policyholder Rights Under Florida Law

• The right to prompt claim handling – Under Fla. Stat. § 627.70131, insurers must acknowledge your claim within 14 days and accept or deny coverage in writing within 90 days, absent factors beyond their control.

• The right to a detailed denial – If your carrier denies or partially denies, it must cite the specific policy language that supports the decision. This requirement arises from both DFS regulations and Florida common-law duty of good faith.

• The right to sue for bad faith – Fla. Stat. § 624.155 allows a policyholder to seek extra-contractual damages when an insurer fails to settle claims in good faith after proper notice.

• The right to appraisal (if included) – Many property policies contain an appraisal clause granting either party the option to demand a neutral damage assessment.

• The right to attorney’s fees – Fla. Stat. § 627.428 and § 627.70152 shift reasonable attorney’s fees to insurers who wrongfully deny or underpay valid claims.

Statute of Limitations for Property Insurance Lawsuits

As of the 2021 amendment to Fla. Stat. § 95.11(2)(e), a lawsuit arising from a property insurance claim must be filed within two years from the date of loss. A separate one-year period applies to actions for supplemental or reopened claims. Missing these deadlines can permanently bar recovery, so track your dates carefully.

License Requirements for Your Florida Attorney

Only lawyers admitted to The Florida Bar may represent you in state court. You can confirm licensure through the Bar’s online portal. Out-of-state counsel must seek pro hac vice admission and associate with a Florida attorney before appearing. When interviewing counsel, ask for a current Florida Bar number and any Board Certification in Civil Trial or Insurance Law.

Common Reasons Property Insurance Companies Deny Claims in Florida

• Alleged late notice – Carriers often state you failed to give “prompt” notice. Yet Florida courts recognize that notice is timely if the insurer is not prejudiced (see Bankers Ins. Co. v. Macias, 475 So.2d 1216 (Fla. 1985)).

• Pre-existing or wear-and-tear arguments – Insurers may label roof leaks as “maintenance.” An engineer hired early by the policyholder can rebut this.

• Failure to mitigate – Carriers expect you to tarp a roof or dry out water damage. Document every mitigation effort and save receipts.

• Water damage exclusions – Policies distinguish wind-driven rain (usually covered) from ground water (often excluded). Policy language, endorsement forms, and Florida’s Valued Policy Law intersect here.

• Misrepresentation or fraud – Even inadvertent errors in your proof of loss can trigger denial. Honesty and detailed records protect you.

Understanding these grounds helps Hollywood homeowners anticipate carrier defenses and gather counter-evidence before a denial lands.

Florida Legal Protections & Insurance Regulations

Bad-Faith Statute (Fla. Stat. § 624.155)

Under § 624.155, you may obtain extracontractual damages—including emotional distress and consequential losses—if the insurer fails to settle fairly. A civil remedy notice (CRN) must be filed with DFS at least 60 days before suit; the notice period gives the carrier a final chance to cure wrongdoing.

Unfair Claims Settlement Practices Act (Fla. Stat. § 626.9541)

Prohibited acts include misrepresenting policy facts, refusing to pay without reasonable investigation, and failing to explain denials. These provisions often support arguments that an insurer acted in bad faith.

Prompt Pay Requirements

Section 627.70131 sets strict timelines for claim acknowledgement, inspection, and payment. Insurers who miss deadlines can owe interest plus fees. The Florida Office of Insurance Regulation (OIR) regularly fines carriers for systemic late payments near Hollywood and throughout Broward County.

Assignment of Benefits (AOB) Reforms

Recent legislative changes (Fla. Stat. § 627.7152) limit contractors’ ability to sue under assigned benefits, but they do not restrict a homeowner’s direct right to sue. If your insurer denies an AOB invoice, you still have standing to pursue underpayment of your own claim.

Steps to Take After a Property Insurance Claim Denial in Florida

• Read the denial letter line-by-line – Highlight every policy section cited. Confirm whether the insurer relied on an exclusion, a limitation, or an alleged breach of your duties.

• Request the claim file – Florida Administrative Code 69O-166.024 encourages carriers to provide internal notes once litigation is reasonably anticipated. A written request often triggers partial disclosure.

Gather independent evidence

• Licensed adjuster or engineer report

• Repair invoices, photos, and drone footage showing storm effects on Hollywood roofs

• Weather data from the National Hurricane Center for the loss date

• File a DFS complaint or Civil Remedy Notice – Start with a consumer complaint through DFS’s online portal. Escalate to a CRN if the insurer refuses to reconsider.

• Seek professional help quickly – A public adjuster can re-estimate damage, but only a Florida attorney can file suit before the two-year statute expires.

When to Seek Legal Help in Florida

You may handle minor disputes solo, yet specific red flags suggest it is time to call a bad faith insurance attorney:

• Repeated “reservation of rights” letters without payment

• Lowball offers far below contractor estimates

• Threats to cancel or non-renew your policy

• Denials citing policy provisions that do not actually exist

• Adjusters who stop communicating

Hollywood homeowners benefit from counsel who litigate in the Seventeenth Judicial Circuit (Broward County) and understand local judges. An attorney can:

• Draft and file the Civil Remedy Notice

• Preserve electronically stored information (ESI) from the carrier

• Invoke appraisal or demand pre-suit mediation through DFS

• Pursue attorney’s fees and costs so you pay nothing out-of-pocket

Local Resources & Next Steps

Florida Department of Financial Services Consumer Resources Fla. Stat. § 624.155 – Civil Remedies Against Insurer Florida Bar Lawyer Directory Florida Office of Insurance Regulation Consumer Help

The City of Hollywood also offers post-disaster debris pickup schedules and permit waivers; check the city’s website after a hurricane before hiring contractors. For free mediation on claims up to $50,000, you may request DFS-sponsored mediation under Fla. Stat. § 627.7015.

Legal Disclaimer

This guide provides general information and is not legal advice. Every claim is fact specific. You should consult a licensed Florida attorney regarding your individual situation.

If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.