Hollywood FL Property Insurance & Property Damage Lawyer

Introduction: A Hollywood, Florida Perspective

Hollywood, Florida sits between Fort Lauderdale and Miami on the Atlantic coast—a postcard-worthy setting that also places Hollywood homeowners in the direct path of tropical storms, king-tide flooding, and intense summer thunder-cells. Broward County recorded billions of dollars in property losses after Hurricanes Irma (2017) and Ian (2022), and even a routine afternoon squall can rip Spanish-tile roofs from the Mission-style bungalows that line Hollywood Boulevard. Most residents carry homeowners or condo insurance precisely to soften these financial blows. Yet, far too many policyholders discover—often after weeks of radio silence—that their insurer has undervalued or flat-out denied a valid claim. This guide explains how to fight a property insurance claim denial Hollywood Florida, highlights consumer protections under Florida insurance law, and outlines when it makes sense to call a Florida attorney focused on property damage.

Written with a slight bias toward protecting property owners and policyholders, this 2,500-plus-word resource distills Florida statutes, Department of Financial Services (DFS) regulations, and real-world litigation trends specific to Hollywood, FL. By the end, you will understand why claims get denied, which deadlines govern a lawsuit, and how to leverage state agencies and local legal help to get your home back in shape.

Understanding Your Property Insurance Rights in Florida

Key Rights Guaranteed by Statute and Regulation

Florida law recognizes homeowners as consumers first. The Homeowner Claims Bill of Rights (Fla. Stat. §627.7142) requires insurers to:

• Provide an acknowledgment of your reported loss within 14 days.

• Begin an investigation and, if requested, send a written status update within 30 days.

• Pay or deny covered claims within 60 days after receiving a sworn proof of loss, absent factors beyond the insurer’s control.

Additionally, the Florida Administrative Code prohibits unfair claim settlement practices. Rule 69O-166.031 mandates prompt, fair, and equitable settlement of claims where liability is reasonably clear.

Time Limits to File and Sue

Under Fla. Stat. §95.11(2)(e) (2023), policyholders now have one year from the insurer’s denial date to file a breach-of-contract lawsuit. For hurricane-related losses, notice of the claim must be given within one year of the event (Fla. Stat. §627.70132). Missing these windows can bar recovery entirely.

Right to Independent Representation

Every Floridian may hire a public adjuster or attorney of their choosing. Attorneys must be in good standing with The Florida Bar. Ethical rules (Rule 4-1.5, Rules Regulating The Florida Bar) also limit fees to protect consumers.

Right to Mediation and DFS Assistance

The DFS administers a free, nonbinding mediation program for residential property claims under Fla. Stat. §627.7015. Either the insurer or insured may request mediation once the claim is disputed. DFS will appoint a neutral mediator, and sessions are usually held in Broward County facilities convenient to Hollywood residents.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice or Failure to Mitigate

After a storm, insurers frequently argue that homeowners waited too long to report damage or did not take reasonable steps—like tarping a roof—to prevent further harm. Remember the statutory notice deadlines above.

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

Carriers often label cracked stucco, rusted plumbing lines, or prior roof deterioration as maintenance issues. They may rely on outdated satellite photos or engineer reports that favor the insurer’s position.

3. Policy Exclusions and Anti-Concurrent Causation Clauses

Most Florida policies exclude flood, earth movement, and mold unless added via endorsement. Many contain anti-concurrent causation clauses that allow the insurer to deny a claim if an excluded peril contributed to the loss—even slightly.

4. Alleged Misrepresentation or Fraud

Insurers may void coverage if they believe the insured misstated square footage, prior losses, or the sequence of events. Under Fla. Stat. §627.409, material misrepresentations can void a policy, but the carrier bears the burden of proof.

5. Underpayment Masquerading as “Partial Denial”

Sometimes an insurer pays a minimal sum that does not cover repairs. While not a complete denial, this tactic forces homeowners to accept a lowball offer or finance the shortfall themselves. Florida courts treat unreasonable underpayment as a potential breach of contract.

Florida Legal Protections & Insurance Regulations

The Civil Remedy Notice (CRN) Mechanism

Under Fla. Stat. §624.155, policyholders may file a Civil Remedy Notice with DFS if the insurer acts in bad faith. The carrier then has 60 days to cure the violation—often by paying the claim in full—before facing extra-contractual damages.

Statute 627.70152: New Pre-Suit Notice Requirements

Effective 2023, homeowners must file a pre-suit notice with the insurer at least 10 business days before suing. The notice must include an estimate of damages, the amount still owed, and supporting documents. Failure to comply can delay or dismiss your lawsuit.

Attorney Fee Shifts Have Changed—Know the Impact

In December 2022, the Florida Legislature repealed the one-way attorney fee statute (§627.428) for most property claims. Now, policyholders typically bear their own legal fees unless the contract says otherwise. This makes the CRN process, mediation, and strong evidence even more crucial.

Department of Financial Services Oversight

The DFS Division of Consumer Services fields complaints and can fine carriers that violate prompt-pay statutes. You can file online through the DFS Consumer Portal (DFS Consumer Services).

Steps to Take After a Property Insurance Claim Denial in Florida

• Read the Denial Letter Carefully. Note the specific policy provisions cited and the date of denial—this starts the one-year suit clock.

• Gather and Secure Evidence. Collect photos, videos, contractor bids, receipts for temporary repairs, and any correspondence with the insurer.

• Request a Certified Copy of Your Policy. Florida law requires insurers to furnish one upon request within 30 days.

• Obtain an Independent Damage Estimate. A licensed public adjuster or contractor in Broward County can prepare a line-item Xactimate estimate that frequently exposes undervaluation.

• File a Civil Remedy Notice (if appropriate). This puts the insurer on the clock to cure bad-faith conduct.

• Consider DFS Mediation. It’s free, quick, and often leads to settlement in less than 45 days.

• Consult a Qualified Florida Attorney. Do this early to preserve evidence, comply with pre-suit notice rules, and avoid missing the one-year lawsuit deadline.

When to Seek Legal Help in Florida

While many minor disputes can settle through DFS mediation, complex or high-dollar losses—common in waterfront Hollywood neighborhoods like Harbor Islands and Hollywood Lakes—often require counsel. Contact a lawyer when:

• The denial cites ambiguous exclusions or anti-concurrent causation language.

• The carrier delays payment beyond 60 days after proof of loss.

• You receive a “low-ball” offer far below contractor estimates.

• The insurer alleges fraud or misrepresentation.

• You’re approaching the one-year statute of limitations.

Under Rule 4-7, Rules Regulating The Florida Bar, attorneys may not guarantee outcomes, but they can subpoena internal carrier emails, depose adjusters, and present expert testimony—leverage a homeowner rarely wields alone.

Local Resources & Next Steps

Hollywood-Area Government & Non-Profit Contacts

• City of Hollywood Building Department – Permitting questions and post-storm safety inspections.

• Broward County Emergency Management Division – Disaster recovery resources.

• South Florida Better Business Bureau – Contractor vetting to avoid assignment-of-benefits scams.

Useful Statewide Links

Florida DFS Consumer Helpline Fla. Stat. §627.70152 – Property Insurance Pre-Suit Notice Florida District Courts of Appeal Opinions

Document everything, calendar deadlines, and know that Florida’s legislative landscape changes frequently. Stay informed by checking DFS bulletins and newly enacted statutes.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and the application of those laws can vary based on specific facts. For advice concerning your situation, consult a licensed Florida attorney.

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