Hollywood, FL Insurance Attorney Property Insurance Guide

Introduction: Why This Guide Matters to Hollywood Homeowners

With its sandy beaches, vibrant downtown, and historic Broadwalk, Hollywood is one of South Florida’s most desirable coastal cities. Yet its proximity to the Atlantic Ocean and the Intracoastal Waterway also places local homes, condos, and businesses at a higher risk of hurricane wind, flood, and mold damage. After a storm or plumbing leak, Hollywood homeowners often discover that getting their property insurer to pay fairly and on time can be harder than boarding up before a hurricane. This guide—written from a policyholder-first perspective—explains how Florida insurance law protects you, why carriers deny or underpay claims, and when partnering with an experienced Florida attorney makes the difference between a denied claim and a full settlement.

Everything below is specific to Florida statutes, regulations, and recent court decisions. It also addresses resources unique to residents of Hollywood and greater Broward County. Whether you live in Emerald Hills, North Beach, or a lakeside home in the Boulevard Heights neighborhood, use this guide to strengthen your claim strategy and avoid common insurer tactics.

Understanding Your Property Insurance Rights in Florida

Key Rights Under the Florida Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142)

• Prompt acknowledgment: The insurer must acknowledge your claim within 14 days.
• Timely decision: A coverage decision must be made within 90 days after you submit proof-of-loss.
• Transparency: You have the right to receive a written statement specifying any part of your claim that is denied or partially covered.
• Mediation option: You can demand free state-sponsored mediation administered by the Florida Department of Financial Services (DFS).

Statute of Limitations for Property Insurance Actions

Under Fla. Stat. § 95.11(2)(e), a policyholder normally has five years from the date of loss to file a lawsuit for breach of a property insurance contract. Following 2023 legislative changes, claims for hurricane or windstorm damage must now be noticed to the insurer within one year of the date of loss (Fla. Stat. § 627.70132).

The Duty of Good Faith

Insurers owe you a duty of good faith under Fla. Stat. § 624.155. If your carrier fails to settle when it could and should have done so, you can file a Civil Remedy Notice (CRN) with DFS—often a prerequisite to a bad-faith lawsuit.

Attorney Licensing and Fees

Only a member in good standing of The Florida Bar can represent you in court. Florida attorneys must follow Rule 4-1.5 of the Rules Regulating The Florida Bar when charging fees. Most reputable property insurance lawyers in Hollywood work on a contingency fee capped by that rule—meaning no fees unless you recover.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice Allegations

Insurers frequently cite the new one-year notice deadline for hurricane losses or claim you waited “an unreasonable time” for non-hurricane events. Document every communication and submit your proof-of-loss quickly to avoid this trap.

2. “Wear and Tear” or Maintenance Exclusions

Carriers often reclassify legitimate water or roof damage as long-term deterioration, which is excluded. Independent adjuster reports and moisture-mapping can counter this tactic.

3. Causation Disputes After Multiple Weather Events

Following back-to-back storms, insurers may argue that the current loss was actually caused by a prior, unrepaired event. Florida’s “concurrent causation” doctrine, clarified in American Home Assurance v. Sebo, generally favors coverage when a covered peril is one of multiple causes.

4. Underpayment Through Lowball Estimates

Even when liability is admitted, carriers may rely on preferred vendors to produce undervalued repair estimates that ignore local labor costs in Hollywood’s tight construction market.

5. Policy Conditions & “Right to Repair” Programs

Some insurers invoke policy provisions allowing them to repair instead of pay cash. Florida regulators require carriers to disclose detailed scope, timeline, and contractor licensing; otherwise, the option is invalid.

Florida Legal Protections & Insurance Regulations

Department of Financial Services Oversight

The Florida Department of Financial Services Consumer Services Division investigates complaints, oversees mediation, and can fine insurers that violate prompt-pay rules.### Florida Office of Insurance Regulation (OIR)

OIR reviews insurer financial health and claim practices. If your carrier delays payments beyond 90 days without justification, the OIR may step in.

Assignment of Benefits (AOB) Reform

Recent statutes (Fla. Stat. § 627.7152) restrict contractors from suing insurers directly without the homeowner’s cooperation, reducing claim litigation but also placing more responsibility on policyholders to manage repairs.

Mandatory Appraisal Clauses & Senate Bill 2A (2022)

SB 2A restored insurer’s ability to require binding appraisal before litigation. Knowing how to select an unbiased appraiser is crucial.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Line-by-Line

• Identify every cited policy exclusion.
• Note deadlines to supplement evidence.
• Check whether the insurer complied with Fla. Stat. § 627.70131 on claim communication.

2. Gather Independent Evidence

• For wind or roof claims: Obtain a licensed Florida roofing contractor’s inspection with photographs.
• For water or mold claims: Request indoor air-quality tests and a plumber’s leak detection report.
• For personal property: Compile receipts, photos, and a sworn statement of loss.

3. File a Request for DFS Mediation or Neutral Evaluation

Policyholders can file Form DFS-I0-1507 for standard mediation or Form DFS-NEIC-1 for sinkhole neutral evaluation. No attorney is required, but legal counsel often improves outcomes.

4. Submit a Supplemental Claim

Under Fla. Stat. § 627.70132(4), you may reopen or supplement a claim within 18 months (hurricane) or five years (other losses) if new damage or costs appear.

5. Consider a Civil Remedy Notice (CRN)

If the insurer acted in bad faith, file a CRN via the DFS portal to give the carrier 60 days to cure.

When to Seek Legal Help in Florida

Indicators You Need a Florida Attorney

• Damage exceeds $25,000 and the insurer offers substantially less.
• The carrier alleges fraud or material misrepresentation.
• Your mortgage lender threatens force-placed insurance or foreclosure.
• The insurer invokes appraisal but names an adjuster with clear conflicts.

Choosing the Right Lawyer

Verify Florida Bar membership and disciplinary history via The Florida Bar’s directory. Look for attorneys with offices in Broward County who routinely litigate against Citizens Property Insurance and the major private carriers servicing southeast Florida.### Fee Shifting and Recent Statutory Changes

As of December 2022, Fla. Stat. § 627.428 fee shifting has been curtailed for new policies. Many attorneys now front costs and rely on contingency fees payable from the settlement—another reason to choose counsel with the resources to fund experts.

Local Resources & Next Steps

Hollywood-Area Contacts

• City of Hollywood Building Department: Permitting records and inspection histories help prove pre-loss condition. 2600 Hollywood Blvd., (954) 921-3335.
• Broward County Property Appraiser: Obtain property cards to validate square footage and construction type.
• Broward Clerk of Courts: Search prior lawsuits against your insurer to gauge its litigation history.
• South Florida Better Business Bureau: Review contractor reputations before signing any AOB.

Practical Tips for Hollywood Homeowners

• Store electronic copies of your policy in a cloud drive before hurricane season.
• Photograph your roof, exterior, and main rooms annually; time-stamped photos are persuasive evidence.
• Enroll in DFS’s “Insurance Consumer Advocate” newsletter for legislative updates affecting claims.

Stay Informed

Monitor new rules via the Florida Administrative Code. Recent emergency rules have shortened timelines for insurer response after declared disasters—knowledge you can wield when carriers stall.## Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed Florida attorney for advice regarding your specific situation.

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