Guide to Property Insurance in Hollywood, Florida

Introduction: Why This Guide Matters to Hollywood Homeowners

From Emerald Hills to the beachfront condos along South Ocean Drive, Hollywood, Florida homeowners face the same threats that plague much of South Florida—hurricanes, tropical storms, pipe bursts, and sudden roof leaks. When disaster strikes, you should be able to lean on your homeowner’s insurance carrier for timely and adequate payment. Unfortunately, many policyholders experience a property insurance claim denial Hollywood Florida residents know all too well. This guide offers a comprehensive, owner-focused overview of Florida insurance law, detailing your rights, key deadlines, and local resources so you can push back effectively when your claim is delayed, underpaid, or rejected.

Everything here is grounded in Florida statutes, Florida Department of Financial Services (DFS) regulations, and published appellate decisions. While the language is slightly biased toward protecting policyholders, it never strays from verified facts. Use this manual to understand the insurance landscape in Hollywood, spot red flags in carrier correspondence, and decide when to call a Florida attorney.

Understanding Your Property Insurance Rights in Florida

1. The Right to Prompt Claim Handling

Under Fla. Stat. § 627.70131, insurers must acknowledge receipt of your notice of loss within 14 days, begin an investigation, and send you a coverage decision—or an update explaining why more time is needed—within 90 days. Missing these benchmarks can be evidence of bad-faith conduct.

2. The Right to Fair Adjustment and Payment

Florida’s Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142) outlines that policyholders are entitled to:

• Free, written estimates if the insurer intends to repair your home.

• Explanation of any deductible or coverage limitation applied to your claim.

• Access to a neutral evaluation or mediation program run by DFS in sinkhole and other disputed damage cases.

3. The Five-Year Statute of Limitations

You generally have five years from the date of loss to file a lawsuit for breach of an insurance contract under Fla. Stat. § 95.11(2)(e). However, do not wait. Evidence deteriorates quickly in South Florida’s humidity, and new legislation now requires pre-suit notices (see § 627.70152).

4. The Right to Counsel of Your Choice

Florida attorneys who handle property insurance disputes must be licensed by the Florida Bar and in good standing. You can verify a lawyer’s disciplinary history on the Bar’s public website. A Florida attorney can negotiate with carriers, file Civil Remedy Notices (CRNs), and litigate your claim in Broward County Circuit Court or federal court.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice of Loss

Carriers often argue that reporting damage months after a hurricane prejudices their investigation. While you should report promptly, Florida courts such as American Integrity v. Estrada (Fla. 2d DCA 2021) require insurers to prove actual prejudice before voiding coverage.

2. “Wear and Tear” or Maintenance Exclusions

Policies exclude long-term deterioration or faulty upkeep. Roof claims are frequently denied under these provisions—especially in older areas of Hollywood like Driftwood where asphalt shingles age quickly in the coastal sun.

3. Water Damage Exclusions

Standard HO-3 policies limit coverage for repeated seepage over more than 14 days. If a slow AC leak saturated your drywall near Hollywood Boulevard, the carrier may label it “continuous.” Document the timeline with plumber receipts and photographs to counter this defense.

4. Alleged Misrepresentations

Any mistake in your proof of loss—square footage, repair costs, prior claims—could trigger the fraud clause. Be precise and seek professional help before submitting sworn statements.

5. Anti-Concurrent Causation Clauses

Many Florida policies deny a claim when an excluded peril (flood) and a covered peril (wind) happen simultaneously. After storms that push Intracoastal water into North Lake, policyholders must separate wind vs. surge damage meticulously.

Florida Legal Protections & Insurance Regulations

1. DFS Mediation and Neutral Evaluation

The Florida Department of Financial Services Consumer Services Division offers free or low-cost mediation for most residential property disputes under Fla. Stat. § 627.7015. For sinkholes—a concern in certain limestone pockets west of I-95—neutral evaluation under § 627.7074 is available.

2. Civil Remedy Notice of Insurer Violations (CRN)

If you suspect bad faith, you can file a CRN through the DFS portal, citing the insurer’s statutory violations (e.g., failure to settle in good faith under § 624.155). The carrier then has 60 days to cure or face extracontractual damages.

3. Recent Reforms: Senate Bill 2A (2022 Special Session)

• Eliminated one-way attorney’s fees for property insurance suits filed after 12/16/2022 by amending § 627.428 and creating § 86.121.

• Shortened the notice-of-claim deadline from two years to one year for new or reopened claims, and 18 months for supplemental claims.

• Introduced mandatory pre-suit notice & a chance for the insurer to reinspect before litigation.

4. Assignment of Benefits (AOB) Restrictions

Florida’s 2019 AOB statute (§ 627.7152) limits your ability to assign claim rights to contractors. If you do assign benefits, you must receive a written itemized estimate within 30 days and can rescind within 14 days.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Read the Denial Letter Carefully

Identify every exclusion or policy provision cited. If the carrier references “water damage exclusion – Section I Exclusion 2(f)(2),” pull that exact wording from your policy declarations.

Step 2: Request the Claim File

Under Florida Administrative Code Rule 69O-166, you may request adjuster notes, photographs, and engineering reports. Carriers cannot hide documents that are not privileged.

Step 3: Gather Independent Evidence

• Hire a licensed public adjuster to produce a new Xactimate estimate.

• Obtain a roofer or general contractor inspection, especially one familiar with Broward County Building Code.

• Take high-resolution photos and keep damaged materials for lab testing.

Step 4: File for DFS Mediation or Appraisal

Mediation is often faster than litigation and can be scheduled in Fort Lauderdale or virtually. If your policy contains an appraisal clause, invoke it in writing; each side selects an appraiser, and a neutral umpire sets the award.

Step 5: Serve Pre-Suit Notice

For claims arising after 1/1/2023, § 627.70152 requires a 10-business-day notice before suing. Attach your estimate, demand amount, and any proof of compliant roofing permits from Hollywood’s Building Division.

Step 6: File a Lawsuit Within Five Years

Suit is typically filed in the 17th Judicial Circuit (Broward County). You can also file in the U.S. District Court for the Southern District of Florida if diversity jurisdiction or federal questions apply.

When to Seek Legal Help in Florida

1. Complex Damage or High-Dollar Losses

For roof replacements exceeding $40,000 or total kitchen rebuilds after a slab leak, professional representation is almost always warranted.

2. Insurer Misconduct

Indicators include untimely responses, lowball offers without explanation, or requests for redundant proofs of loss. A lawyer can draft a CRN and leverage Florida’s bad-faith statutes.

3. Policy Interpretation Disputes

Anti-concurrent causation, ordinance or law coverage, and matching requirements under Fla. Stat. § 626.9744 often hinge on nuanced case law that only a seasoned Florida attorney can navigate.

Local Resources & Next Steps

City & County Offices

• Hollywood Building Division: 2600 Hollywood Blvd., Hollywood, FL 33020 – Obtain copies of permits and inspection reports that may bolster your claim.

• Broward County Property Appraiser: Verify square footage and construction details relevant to repair estimates.

State Agencies

DFS Mediation Program Florida Office of Insurance Regulation Complaint Portal

Professional Directories

Florida Bar Lawyer Search

Stay organized: maintain a claim diary, save all emails, and back-up smartphone photos in the cloud. Hollywood homeowners who prepare meticulous evidence frequently obtain higher settlements, even without litigation.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Every claim is unique. Consult a licensed Florida attorney before taking action.

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