Guide to Property Insurance Claims – Hollywood, Florida

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Hollywood, Florida sits between Miami and Fort Lauderdale, giving residents the sun-drenched lifestyle of South Florida along with year-round exposure to hurricanes, tropical storms, and sudden flood events. According to the Florida Office of Insurance Regulation, Broward County – where Hollywood is located – consistently records thousands of residential property claims after every major storm. Because insurance premiums continue to rise, Hollywood homeowners expect their carriers to honor policies when disaster strikes. Yet, far too many policyholders face property insurance claim denial Hollywood Florida letters that leave them paying for repairs out of pocket.

This comprehensive, Florida-specific legal guide explains the rights of Hollywood homeowners under state law, why insurers deny claims, and the local steps to fight back. Every statement is grounded in Florida statutes, Florida Administrative Code provisions, or published court opinions, with a focus on protecting property owners and policyholders.

Understanding Your Property Insurance Rights in Florida

Key Rights Under Florida Statutes

Florida law recognizes that an insurance policy is a binding contract. When you pay premiums on time, the carrier has a legal duty of good faith and fair dealing. Several statutes and administrative rules codify these rights:

• Right to prompt claim acknowledgment. Under Fla. Stat. § 627.70131(1)(a), an insurer must acknowledge receipt of your claim in writing within 14 calendar days.

• Right to a timely coverage decision. Fla. Stat. § 627.70131(5)(a) requires the insurer to pay or deny your claim or a portion of it within 90 days unless factors beyond the insurer’s control prevent a determination.

• Right to receive a detailed written explanation. If the claim is denied or only partially paid, the carrier must cite specific policy provisions that justify the decision, per Fla. Admin. Code R. 69O-166.024.

• Right to interest on late payments. If the insurer fails to pay within 90 days and you later win, statutory interest accrues from the date the payment should have been made (Fla. Stat. § 55.03).

• Right to appraisal or mediation. Many homeowners’ policies contain an appraisal clause, and Fla. Stat. § 627.7015 also allows residential policyholders to demand the Florida Department of Financial Services (DFS) mediation program before filing suit.

Statutes of Limitation & Notice Requirements

Time can make or break a claim:

• Five years to file a lawsuit for breach of a written insurance contract under Fla. Stat. § 95.11(2)(b).

• Two-year notice requirement for hurricane, windstorm, or other weather-related losses under Fla. Stat. § 627.70132. You must provide notice to your insurer within two years of the date of loss or risk forfeiting benefits.

Hollywood homeowners should diary these deadlines immediately after a loss.

Common Reasons Property Insurance Companies Deny Claims in Florida

Although every denial must be policy-specific, Florida insurers rely on a familiar toolbox of rationales:

• Late Notice. The carrier alleges you failed to report the loss “promptly,” citing policy language or the two-year statutory window for storms.

• Wear and Tear Exclusion. Insurers often label water leaks or roof damage as “gradual deterioration” rather than sudden, accidental loss.

• Pre-Existing Damage. After a hurricane, carriers sometimes point to old photographs or inspection reports claiming the damage was there before the storm.

• Improper Maintenance. Florida policies frequently exclude losses caused by neglect. Unfairly broad interpretations let insurers deny legitimate claims.

• Misrepresentation or Fraud. If a policyholder inadvertently makes an incorrect statement, carriers may attempt to void the policy under Fla. Stat. § 627.409.

A 2022 report by the Florida DFS showed that water damage and roof claims generated the highest percentage of denials statewide—trends mirrored in Hollywood due to aging housing stock built before 1980.

Florida Legal Protections & Insurance Regulations

Bad-Faith Remedies

When an insurer unreasonably denies or underpays a claim, policyholders can pursue a statutory bad-faith action under Fla. Stat. § 624.155. Before filing suit, you must submit a Civil Remedy Notice through the DFS portal giving the insurer 60 days to cure the violation.

Attorney’s Fees for Prevailing Policyholders

Florida’s one-way attorney fee statute, Fla. Stat. § 627.428, enables insureds who win a judgment against their insurer to recover reasonable fees. This provision aims to level the playing field, especially for Hollywood homeowners who might otherwise hesitate to litigate against well-funded carriers.

Florida Office of Insurance Regulation & DFS Oversight

The Florida Office of Insurance Regulation (OIR) approves policy forms and investigates unfair trade practices. The Florida Department of Financial Services Consumer Services division handles complaints and offers free mediation for many residential property disputes.

• State law requires companies to maintain a Florida-licensed claims adjuster and respond to DFS inquiries within 20 days (Fla. Admin. Code R. 69O-166.031).

Attorney Licensing Rules

Only members of The Florida Bar may give legal advice or represent homeowners in Florida courts. Out-of-state lawyers must be admitted pro hac vice and work with Florida counsel under Fla. R. Jud. Admin. 2.510.

Steps to Take After a Property Insurance Claim Denial in Florida

• Read the Denial Letter Carefully. Identify the specific policy provisions cited. Note any deadlines for internal appeals or supplemental documentation.

• Request a Certified Copy of Your Policy. Florida law requires insurers to provide it within 30 days (Fla. Stat. § 627.4137).

• Gather Independent Evidence. Hire a licensed Florida public adjuster or a reputable contractor to perform a damage assessment. Photographs, moisture readings, and expert opinions help counter the insurer’s conclusions.

• Document All Communications. Keep emails, letters, and phone logs. Under Fla. Admin. Code R. 69B-220.201, adjusters must act with “dignity and integrity.” Any deviation can bolster a bad-faith claim.

• Use DFS Mediation or Appraisal. Hollywood homeowners can file a Request for Residential Mediation through DFS for a modest fee. If your policy includes an appraisal clause, invoke it promptly and choose a neutral, experienced appraiser.

• Send a Pre-Suit Demand (Civil Remedy Notice). If mediation fails, your attorney may serve a Civil Remedy Notice under § 624.155, giving the insurer a final 60-day window to pay.

• File Suit Within the Statute of Limitations. For most non-storm losses, this means within five years of the date of loss. Don’t wait until the last minute; witnesses and evidence can disappear quickly in South Florida’s humid climate.

When to Seek Legal Help in Florida

You do not need a lawyer to file an insurance claim, but statistics from the Florida Senate Banking and Insurance Committee show that policyholders with counsel recover significantly higher payouts after denials or underpayments. Consider hiring a Florida attorney when:

• The carrier alleges fraud or misrepresentation.

• The amount in dispute exceeds the small-claims threshold ($8,000 in Broward County Court).

• The insurer drags its feet beyond statutory deadlines.

• You receive a “reservation of rights” letter suggesting future denial.

• You suspect systemic underpayment (e.g., lowball repair estimates).

A Hollywood-based property damage lawyer can leverage local contractors, engineers, and prior jury verdicts in the Seventeenth Judicial Circuit (Broward County) to build leverage against insurers.

Local Resources & Next Steps for Hollywood Homeowners

Government & Non-Profit Resources

City of Hollywood Building Division – Obtain permits, inspection records, and post-loss repair guidelines. Broward County Clerk of Courts – Access small-claims forms and docket information.

• Florida Disaster Legal Services Hotline – 866-550-2929 (activated after federally declared disasters).

Professional Assistance

• Licensed Public Adjusters – Florida requires adjusters to complete 24 hours of CE every two years (Fla. Stat. § 626.2815). Verify licenses at MyFloridaCFO.

• Independent Roof & Water Mitigation Contractors – Check Broward County Contractor Licensing Board.

• Certified Appraisers & Umpires – Organizations like the Insurance Appraisal & Umpire Association keep rosters of vetted professionals.

Action Plan Checklist

• Secure the property to prevent additional damage (required under most policies).

• Notify your insurer immediately in writing.

• Photograph/video all affected areas before cleanup.

• Request DFS mediation if a dispute arises.

• Consult a property damage lawyer if the claim is denied or underpaid.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Homeowners should consult a licensed Florida attorney regarding their specific circumstances.

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