Hollywood, Florida Insurance Attorney on Property Insurance

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Nestled between Miami and Fort Lauderdale, the City of Hollywood, Florida boasts nearly seven miles of Atlantic Ocean shoreline, thousands of single-family homes, and a thriving historic downtown. While its coastal location is a blessing for lifestyle and tourism, it also exposes Hollywood homeowners to hurricanes, heavy rain, flooding, and wind-driven debris. Because of these hazards, property insurance is not a luxury—it is a necessity. Unfortunately, insurers do not always honor valid claims. This comprehensive guide—written from a perspective that favors the rights of policyholders—explains what to do when you face a property insurance claim denial in Hollywood, Florida. It walks you through Florida statutes, deadlines, consumer programs, and practical steps so you can stand up to unfair claim practices and recover the benefits you paid for.

Understanding Your Property Insurance Rights in Florida

The Florida Homeowner Claim Bill of Rights (Fla. Stat. § 627.7142)

Florida law mandates that all residential property insurers provide policyholders with a Claim Bill of Rights within 14 days after a claim is filed. Key protections include:

• Prompt Acknowledgment: The carrier must acknowledge and respond to communications regarding your claim within 14 days.

• 90-Day Decision Deadline: Insurers must pay, deny, or partially pay your claim within 90 days after you submit proof-of-loss documents, unless factors beyond their control prevent them from doing so.

• Right to Mediation: You may request free mediation through the Florida Department of Financial Services (DFS) under Fla. Stat. § 627.7015.

• No Retaliation: Insurers may not cancel or non-renew your policy for filing a claim.

Statute of Limitations & Notice Deadlines

• Five-Year Contract Statute (Fla. Stat. § 95.11(2)(e)): You generally have five years from the date of breach (often the date of denial) to file a lawsuit for unpaid benefits.

• One-Year Notice for Hurricane & Windstorm (Fla. Stat. § 627.70132): After major storms such as Hurricane Ian or Nicole, you must give written notice of a claim or supplemental claim within one year of the date of loss, and any supplemental claim within 18 months. Missing this window can bar recovery.

• Two-Year Re-Open Window (Fla. Stat. § 627.70131): If your insurer closes the claim but new damage emerges, you have up to two years from the date of loss to reopen the claim for additional payments (for non-hurricane losses).

Other Critical Policyholder Rights

• Appraisal: Many policies include an appraisal clause allowing either party to demand a neutral panel to set the amount of loss. Florida courts (e.g., Johnson v. Nationwide, 828 So. 2d 1021, Fla. 2002) uphold these provisions so long as they are not used to delay payment.

• Attorney’s Fees for Prevailing Insureds (Fla. Stat. § 627.428): When an insurer wrongfully denies or underpays, the court can order the carrier to pay your reasonable attorney’s fees, easing the financial burden of litigation.

• Bad-Faith Remedies (Fla. Stat. § 624.155): If an insurer fails to settle a claim when it could and should have done so, you can file a civil remedy notice and seek extra-contractual damages.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers point to many justifications—some legitimate, others questionable—to refuse payment. Understanding these reasons will help you prepare a stronger claim or rebut a wrongful denial.

Wear and Tear or Pre-Existing Damage Carriers routinely argue that roof leaks or plumbing failures are the result of age, deterioration, or lack of maintenance. Under Florida law, normal wear is generally excluded, but sudden, accidental damage is covered. Late Notice Submitting a claim months after discovering damage can trigger a denial for “failure to provide prompt notice.” While policies require timely notice, Florida courts evaluate whether the insurer was prejudiced by the delay. If the insurer cannot show prejudice, late notice may not bar recovery. Water Damage Exclusions and Caps Policies often carve out water damage resulting from continuous or repeated seepage over 14 days. They may also impose $10,000 caps on non-weather-related water losses. Reviewing the policy language is crucial. Alleged Misrepresentation or Fraud If the insurer believes photos, receipts, or statements are falsified, it can rescind coverage. However, under Fla. Stat. § 627.409, the misrepresentation must be material and made with intent to deceive or increase the insurer’s risk. Failure to Mitigate Florida statutes require policyholders to take reasonable steps—such as tarping a roof—to prevent further damage. Denials may cite failure to mitigate, but you are entitled to reimbursement for reasonable emergency expenses.

Florida Legal Protections & Insurance Regulations

Department of Financial Services (DFS) Consumer Assistance

The Florida DFS operates a statewide consumer helpline (1-877-693-5236) and free mediation program. Hollywood residents can also schedule in-person meetings at the DFS Division of Consumer Services office in Miami.

Appraisal and Mediation

• Appraisal Panels: Each party selects an appraiser; the two appraisers choose an umpire. A majority decision is binding on the value of the loss, but not on coverage.

• DFS Mediation: Available for residential property claims under Fla. Stat. § 627.7015. The insurer pays the mediator’s fee, and you may still litigate if mediation fails.

Recent Legislative Changes Affecting Policyholders

• Senate Bill 2A (2022 Special Session): Shortened the time to report hurricane claims and limited attorney fees in assignment-of-benefits cases, but preserved an insured’s right to fees when suing under the policy.

• House Bill 837 (2023): Modified statutes of limitation for general negligence but left the five-year breach-of-contract period intact for property insurance lawsuits.

Case Law Favorable to Homeowners

Sebo v. American Home Assurance Co., 208 So. 3d 694 (Fla. 2016) — Adopted the “concurrent cause doctrine,” allowing coverage when at least one independent, covered peril contributes to a loss. Castellanos v. Citizens Property Ins. Corp., 220 So. 3d 477 (Fla. 1st DCA 2017) — Confirmed that the policyholder, not the insurer, carries the burden to invoke appraisal but that unreasonable delays can constitute breach.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully

Your insurer must provide a written explanation citing specific policy language. Flag every clause the carrier relies upon—exclusions, conditions, or documentation gaps.

Request Your Complete Claim File

Florida’s Administrative Code Rule 69O-166.020 gives you the right to obtain the adjuster’s notes, photographs, and expert reports.

Document the Damage Again

Take date-stamped photos, videos, and moisture readings (if water-related). Obtain repair estimates from licensed contractors in Broward County.

Obtain an Independent Inspection

Hire a local public adjuster or engineer to issue an unbiased report. Under Fla. Stat. § 626.854(11), public adjusters must be licensed through the DFS, giving you an extra layer of consumer protection.

File a Supplemental Claim

If new evidence contradicts the denial, submit a supplemental claim in writing. Cite the policy section that supports coverage and enclose your new documentation.

Initiate DFS Mediation or Neutral Evaluation (Sinkhole)

For sinkhole claims, Fla. Stat. § 627.7074 provides a neutral evaluation program. For standard property claims, request DFS mediation to compel the insurer’s participation.

Send a Civil Remedy Notice (CRN) for Bad Faith

If the insurer’s conduct is unreasonable, file a CRN via the DFS portal under Fla. Stat. § 624.155. The carrier then has 60 days to cure the violation.

Consult a Licensed Florida Attorney

An experienced Florida attorney can evaluate whether to file suit in Broward County Circuit Court (17th Judicial Circuit) or federal court. Under Fla. Stat. § 627.428, your legal fees may be shifted to the insurer if you prevail.

When to Seek Legal Help in Florida

Although many claims resolve through negotiation, certain red flags signal the need for immediate legal counsel:

• The insurer invokes fraud or material misrepresentation allegations.

• You face an expiration of statutory deadlines, especially the one-year hurricane notice requirement.

• The adjuster minimizes or ignores hidden water or mold damage.

• You receive a lowball appraisal award that does not cover repairs permitted by City of Hollywood building codes.

• The insurer requests an Examination Under Oath (EUO) without clearly explaining your rights.

Florida attorneys must be licensed by the Florida Bar, comply with Chapter 4 of the Rules Regulating The Florida Bar, and maintain good standing. You can verify licensure through the Florida Bar’s public database.

Local Resources & Next Steps for Hollywood Homeowners

Government & Non-Profit Assistance

• Broward County Consumer Protection: Offers guidance on contractor fraud and building code permits.

• City of Hollywood Building Division: Before you repair or replace your roof, ensure your contractor pulls permits at 2600 Hollywood Blvd.

• American Red Cross South Florida Region: Provides emergency relief after fire or storm events.

Emergency Preparedness

Monitor tropical storm updates through Broward County Emergency Management’s hotline, and sign up for Hollywood’s “Alert Hollywood” mass notification system to receive evacuation notices.

Checklist for Moving Forward

• Store a digital copy of your policy in a cloud drive before hurricane season.

• Keep receipts for all repairs and mitigation costs.

• Photograph every stage of remediation and reconstruction.

• Maintain a communication log (dates, times, names) with the insurance company.

• Contact a trusted insurance attorney if progress stalls for more than 30 days.

Legal Disclaimer

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

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

Helpful resources: Florida Department of Financial Services Consumer Help | Florida Statutes Online | Florida Office of Insurance Regulation