Hollywood FL Hurricane Damage & Property Insurance Lawyers

Introduction: Why Hollywood, Florida Homeowners Need to Be Prepared

The City of Hollywood sits midway between Miami and Fort Lauderdale on Florida’s Atlantic coast. While its beaches and historic downtown attract millions of visitors each year, local homeowners know that life in South Florida also comes with a seasonal threat: hurricanes. Broward County, which includes Hollywood, has faced direct and indirect hits from storms such as Hurricane Wilma (2005), Hurricane Irma (2017), and Hurricane Ian’s peripheral bands (2022). Each storm left behind billions in insured losses across Florida, and disputed insurance claims continue to crowd the dockets of Broward County courts. If you are a Hollywood homeowner dealing with a property insurance claim denial hollywood florida, understanding your legal rights under Florida statutes can be the difference between rebuilding quickly and years of financial strain.

This guide is written with a slight bias toward protecting policyholders. It draws exclusively from authoritative sources, including the Florida Statutes, the Florida Department of Financial Services (DFS), and published Florida court opinions. You will learn what your policy really covers, why insurance carriers often deny or underpay hurricane claims, and how to push back effectively—whether through the Florida DFS mediation program or with the help of experienced hurricane damage lawyers licensed to practice in Florida.

Understanding Your Property Insurance Rights in Florida

Key Statutes Every Hollywood Homeowner Should Know

• Fla. Stat. § 627.70131 – Requires insurers to acknowledge, investigate, and pay or deny residential property claims promptly, generally within 90 days of notice.

• Fla. Stat. § 627.70132 – Sets the deadline for providing initial notice of hurricane or windstorm damage: two years for initial or reopened claims and three years for supplemental claims (after the 2021 amendments).

• Fla. Stat. § 95.11(2)(e) – Provides a five-year statute of limitations to file a lawsuit for breach of a property insurance contract.

• Fla. Stat. § 626.9541 – Florida Unfair Insurance Trade Practices Act (UITPA) prohibits unfair claim settlement practices, such as misrepresenting policy terms or failing to conduct a reasonable investigation.

Your Bill of Rights Under Florida Insurance Law

Florida’s Homeowner Claims Bill of Rights (House Bill 1495, 2014) requires insurers to inform policyholders, within 14 days of receiving a claim, of certain fundamental protections. Although not legally enforceable on its own, the document summarizes existing statutory rights:

• You are entitled to receive acknowledgment of your claim within 14 days.

• You have a right to receive written confirmation of coverage decisions within 90 days.

• You have a right to participate in the Florida DFS mediation program at no cost other than your time.

• You have the right to demand an appraisal, if your policy contains an appraisal clause, to resolve value disputes.

Knowing these rights allows Hollywood homeowners to hold insurers accountable when they miss statutory deadlines or unfairly undervalue losses. Because Florida law tends to favor policyholders on ambiguous policy language, even a partial denial can often be challenged successfully.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

After a hurricane, you may understandably focus on safety and temporary repairs. However, insurers frequently deny claims by alleging late notice under Fla. Stat. § 627.70132. The current statutory limit is two years for initial claims, but insurers may impose even shorter “prompt notice” provisions by contract. Courts, including the Fourth District Court of Appeal in Dorchester Insurance Co. v. Batista, have held that late notice creates a rebuttable presumption of prejudice. Policyholders can overcome this presumption by showing the carrier was not actually harmed by the delay.

2. Water Damage Exclusions and Anti-Concurrent Causation Clauses

Many hurricane claims combine wind and water damage. Florida policies often include anti-concurrent causation (ACC) language that excludes coverage if an uncovered peril (flood) and a covered peril (wind) act together to cause loss. Interpreting ACC language is complex, and Florida courts sometimes side with homeowners where insurers fail to prove the exact sequence of damage. Having a licensed florida attorney review your denial letter is essential.

3. Alleged Pre-Existing or Wear-and-Tear Damage

Insurers may argue that roof damage resulted from age, lack of maintenance, or prior storms. Under Florida law, once a policyholder proves a covered event occurred (e.g., Hurricane Irma), the burden shifts to the insurer to apportion damages or prove exclusions (see Jones v. Federated Nat’l Ins. Co., Fla. 4th DCA 2019).

4. Failure to Mitigate Damages

Policies require “reasonable and necessary” steps to protect property after loss, such as tarping a roof. Carriers sometimes deny claims entirely, alleging that post-storm water intrusion caused more damage than the hurricane itself. Keep receipts for mitigation expenses and photographs documenting conditions immediately after the storm.

5. Underinsurance or Policy Limit Disputes

Hollywood’s housing market has seen sharp price increases, and many homes are underinsured for replacement-cost value. Insurers may deny parts of a claim based on coinsurance penalties or depreciation. Florida law generally requires carriers to pay Actual Cash Value (ACV) upfront, with Replacement Cost Value (RCV) paid after repairs.

Florida Legal Protections & Insurance Regulations

Prompt Claim Handling Requirements

Florida’s prompt-payment statute, Fla. Stat. § 627.70131, sets specific timelines:

• 14 Days – Insurer must acknowledge receipt of the claim.

• 30 Days – Upon written request, insurer must provide a status update.

• 90 Days – Insurer must pay, deny, or pay the undisputed portion of the claim.

Failure to comply can lead to statutory interest and exposure to attorney’s fees under Fla. Stat. § 627.428 (now § 627.428 has been amended for new policies issued after 2022; consult counsel for current fee statutes).

DFS Mediation & Neutral Evaluation

The Florida Department of Financial Services administers a free mediation program for residential property disputes under Fla. Admin. Code 69J-166.031. Either the insurer or the policyholder may request mediation after receiving a denial or partial payment. Although non-binding, the conference often results in a settlement. For sinkhole disputes, neutral evaluation under Fla. Stat. § 627.7074 is available.

Civil Remedy Notices (CRNs)

Under Fla. Stat. § 624.155, policyholders may file a Civil Remedy Notice with DFS accusing an insurer of bad-faith practices. The insurer then has 60 days to cure the violation. Failure to cure can expose the carrier to damages exceeding policy limits.

Attorney Licensing and Fee Shifting

Only members of The Florida Bar may give legal advice or represent homeowners in Florida courts. Out-of-state counsel must seek pro hac vice admission under Fla. R. Jud. Admin. 2.510. Historically, Florida’s one-way attorney’s fee statute, § 627.428, allowed prevailing policyholders to recover reasonable fees from insurers. Recent legislative amendments (Senate Bill 2-A, 2022) curtail those rights for new policies, but the statute still applies to many legacy claims.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Carefully

Carriers must provide a written explanation citing specific policy language. Compare the stated grounds for denial with your policy’s declarations, endorsements, and exclusions. Pay attention to any reference to late notice, wear and tear exclusions, or policy limits.

2. Gather and Preserve Evidence

• Photographs and video taken immediately after the hurricane.

• Receipts for temporary repairs (tarping, boarding).

• Contractor or public adjuster estimates.

• Communications with the insurer, including emails and adjuster notes.

Evidence is critical if you later file a CRN or lawsuit.

3. Request the Claim File and Engineering Reports

Under UITPA, you may request copies of all reports relied on to deny your claim. Insurers often hire engineers whose opinions can be challenged if inconsistent with the observed damage or local building codes.

4. Consider Alternative Dispute Resolution

Hollywood homeowners can request DFS mediation within 60 days of receiving a denial or partial payment. You may also invoke appraisal if your policy includes an appraisal clause. Unlike mediation, appraisal is binding on the amount of loss, though not on coverage.

5. Consult an Experienced Hurricane Damage Lawyer

A licensed florida attorney who focuses on insurance disputes can evaluate whether the denial violates Florida law and determine if filing a CRN, invoking appraisal, or filing suit in Broward County Circuit Court is the best next step.

6. File Suit Before Limitations Expire

The five-year statute of limitations (Fla. Stat. § 95.11) begins on the date the insurer breaches the policy—often the date of denial. Missing the deadline will forever bar your claim.

When to Seek Legal Help in Florida

Indicators You Need a Lawyer Immediately

• The insurer alleges fraud or intentional misrepresentation.

• A large loss (roof replacement, structural repairs) is denied or underpaid.

• The carrier requests an Examination Under Oath (EUO) and extensive documentation.

• You receive a “Reservation of Rights” letter casting doubt on coverage.

• The insurer fails to pay undisputed amounts within 90 days.

Hurricane damage lawyers licensed in Florida understand local building codes, Broward County permit requirements, and jury verdict trends. They can also preserve your right to recover attorney’s fees where applicable by serving a proper pre-suit notice under § 627.70152 for residential property claims.

Cost of Hiring a Lawyer

Most property insurance lawyers work on contingency fees approved by The Florida Bar. Under older policies, fee shifting may force the insurer to pay your reasonable attorney’s fees if you prevail. Even under new legislation, early legal intervention often results in faster settlements and larger recoveries.

Local Resources & Next Steps

Contact Points for Hollywood, Florida Homeowners

Florida Department of Financial Services (DFS) Consumer Services – File complaints, request mediation, or ask questions about claims handling. Visit DFS Consumer Services.

• Broward County Building & Permitting – Obtain post-storm inspection reports and permits: 1 N. University Dr., Plantation, FL 33324.

• City of Hollywood Building Division – For repair permits and code questions: 2600 Hollywood Blvd., Hollywood, FL 33020.

• Florida Bar Lawyer Referral Service – Verify attorney licenses or request referrals: 800-342-8011.

Checklist: Protecting Your Claim Going Forward

• Calendar the two-year notice deadline (for hurricane losses) and five-year lawsuit deadline.

• Keep a single digital folder with all claim documents and photos.

• Request appraisal or mediation in writing; keep proof of mailing.

• Obtain at least two independent repair estimates from contractors familiar with Florida Building Code 7th Edition (2020).

• Consult a hurricane damage lawyer if the insurer’s offer is less than your actual repair cost.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim is fact-specific. 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.