Hollywood, Florida Property Damage Lawyer & Insurance Guide

Introduction

From Atlantic hurricanes to sudden kitchen fires, property damage is a fact of life for Hollywood, Florida homeowners. Broward County’s coastal location exposes residents to wind, flood, and rain events that can leave roofs ripped open and interiors soaked. Most people carry homeowners or commercial property insurance precisely for these moments, yet far too many policyholders are shocked when their insurer delays, underpays, or flat-out denies a legitimate claim. This guide—written from a policyholder-friendly perspective—explains how to navigate a property insurance claim denial Hollywood Florida residents may face and when it is time to bring in a property damage lawyer near me.

Everything here is grounded in Florida statutes, regulations, and court opinions that control insurers operating in the Sunshine State. By the end, you will know the deadlines that matter, the documents you must keep, and the local resources available to you in Hollywood. Most importantly, you will see why standing up for your rights under Florida insurance law is not only possible—it is often the smartest financial decision you can make.

Understanding Your Property Insurance Rights in Florida

Florida gives policyholders a robust set of protections unique among U.S. states. Whether you own a single-family home off Hollywood Boulevard or a condo along Ocean Drive, these rights apply:

• Prompt claims handling. Under Florida Statute § 627.70131(7)(a), insurers must pay or deny a residential property claim within 90 days after receiving notice, unless factors beyond their control prevent them from doing so.

• Transparency. Florida Administrative Code Rule 69O-166.024(4) requires insurers to provide a written explanation when they pay less than the amount the policyholder demanded.

• Freedom from unfair practices. Florida Statute § 626.9541(1)(i) prohibits insurers from misrepresenting facts, failing to communicate, or forcing you to sue by offering an unreasonably low settlement.

Right to mediation. Through the Florida Department of Financial Services (DFS) Residential Property Mediation Program, policyholders can request free or low-cost mediation once the insurer makes an offer (good or bad). See the DFS brochure at Florida DFS Mediation Program.

• Right to attorney’s fees if you win. Florida Statute § 627.428 (for older policies) and § 627.70152 (for newer suits filed after 2021) shift reasonable attorney’s fees to the insurer when the policyholder prevails in court—an enormous leverage point.

These protections exist because lawmakers recognized the steep power imbalance between multimillion-dollar insurance carriers and ordinary Hollywood homeowners. Knowing the rules helps you level the playing field.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers often point to identical playbook explanations. Understanding them will help you prepare rebuttals rooted in evidence—not emotion:

• Late Notice. Carriers contend you did not give “prompt” notice. While Florida statutes do not define prompt, Florida courts typically allow a reasonable period unless the delay prejudiced the insurer. Always notify the company immediately and document the date, time, and representative’s name.

• Wear and Tear vs. Sudden Loss. Policies cover sudden events (windstorm, pipe burst) but not gradual deterioration. Insurers sometimes relabel storm damage as “age-related.” Photographs, maintenance records, and contractor opinions can rebut this tactic.

• Exclusions (Flood & Mold). Standard policies exclude flood unless you bought separate coverage through the National Flood Insurance Program or a private carrier. Mold may be capped at $10,000 or excluded after 14 days. A lawyer can examine whether the exclusion wording truly applies.

• Failure to Mitigate. Florida law requires you to take reasonable steps to prevent further damage, such as tarping a roof. Insurers sometimes exaggerate this duty; receipts for mitigation services (e.g., water extraction) are your best defense.

• Engineered Denials. Many carriers rely on third-party adjusters or engineers who downplay damage. Recent cases (e.g., People’s Trust Ins. Co. v. Mejia, Fla. 3d DCA 2022) show courts are skeptical when insurer experts ignore clear evidence.

If your explanation letter includes one of the reasons above, do not panic. Most denials are negotiable—especially when confronted with photos, independent expert reports, and the threat of litigation under florida insurance law.

Florida Legal Protections & Insurance Regulations

Below is a concise outline of statutes and regulations every Hollywood homeowner should know:

1. Statute of Limitations

• Breached insurance contract: 5 years from the date of breach under Florida Statute § 95.11(2)(b). For most homeowners, the “breach” occurs when the insurer denies or underpays the claim, not on the date of loss.

• Supplemental or reopened claims: 3 years from the date of hurricane landfall (Florida Statute § 627.70132).

2. Pre-Suit Notice (2023 Reforms)

Florida Senate Bill 2-A (Dec 2022) added § 627.70152(3), requiring a policyholder to send written notice 10 business days before suing. The notice must include the amount in dispute and supporting documents. Failure to comply can delay, but not necessarily bar, suit.

3. Anti-Assignment Restrictions

Assignments of Benefits (AOBs) have tighter rules under 2019 reforms (§ 627.7152). Contractors who took AOBs must meet disclosure and licensing requirements; otherwise, the insurer can dispute payment. Homeowners can still hire counsel directly without these hurdles.

4. Licensing of Florida Attorneys

Only members in good standing of The Florida Bar may provide legal advice on Florida insurance claims. Out-of-state lawyers must seek pro hac vice admission under Florida Rule of General Practice & Judicial Administration 2.510. Always verify a lawyer’s license on the Florida Bar’s official directory.

5. Department of Financial Services (DFS) Consumer Services

The DFS handles complaints through its Consumer Services Division. File online or call the in-state helpline at 1-877-693-5236. The DFS can fine insurers for violations and compel them to respond to you. Detailed instructions appear on the DFS site: DFS Consumer Assistance.

Steps to Take After a Property Insurance Claim Denial in Florida

Receiving a denial letter can feel like a gut punch, but methodical action often turns the tide. Follow these steps:

1. Read the Denial Thoroughly

Florida law requires insurers to cite specific policy language. Highlight every clause referenced. Many letters rely on boilerplate that does not match the facts.

2. Gather Evidence

• Photos/videos from before and after the loss

• Roofing or general contractor estimates

• Receipts for temporary repairs and mitigation

• Correspondence with any adjuster

3. Order a Certified Copy of Your Policy

Ask the insurer for the complete policy forms, including endorsements. Per § 627.4137, they must provide it within 30 days.

4. Demand Re-Inspection

Cite § 627.70131(2) in writing and request a second, in-person visit from the carrier’s field adjuster—preferably alongside your own independent adjuster or engineer.

5. File a DFS Mediation Request

Complete the online form and submit a $70 fee (waived during declared catastrophes). Statistics published by DFS show roughly 50 % of mediations end with extra payments to the homeowner.

6. Issue a Pre-Suit Notice (If Necessary)

Have your Florida attorney draft the notice required under § 627.70152. Include every claimed amount—dwelling, other structures, ALE (Additional Living Expenses), and personal property.

7. File Suit Within Deadlines

Suit generally must be filed within 5 years of breach. Missing this window can extinguish your claim entirely.

When to Seek Legal Help in Florida

Although some claims resolve amicably, hiring counsel often increases payout multiples. Consider retaining a lawyer if:

• The difference between your estimate and the insurer’s exceeds $15,000.

• The carrier’s engineer blames “wear and tear” but you have evidence of sudden damage.

• You need immediate funds for repairs or mortgage servicers threaten foreclosure.

• The insurer rescinds coverage or alleges fraud.

Hollywood is home to many law firms that focus on first-party property claims. Look for firms that:

• Offer free, no-obligation consultations.

• Work on contingency (you pay nothing unless they win).

• Have trial experience in Broward County Circuit Court.

Use the Florida Bar’s “Find a Lawyer” tool or call the Broward County Bar Association’s lawyer referral service at 954-764-8310. As noted earlier, prevailing plaintiffs may recover attorney’s fees from the insurer, making legal help more accessible.

Local Resources & Next Steps

• City of Hollywood Building Division. Before major repairs, secure permits at 2600 Hollywood Boulevard, room 320. Unpermitted work can complicate insurance recovery.

• Broward County Property Appraiser. Property cards and aerial images can prove pre-loss condition. Access them online or in person at 115 S. Andrews Ave., Fort Lauderdale.

• National Weather Service Miami Office. Download storm event reports to correlate wind speeds with your date of loss.

Florida Office of Insurance Regulation Consumer Complaint Portal. Escalate issues if DFS mediation fails: OIR Consumer Portal.

• Independent Adjusters in Hollywood. Reputable firms include licensed public adjusters certified under Florida Statute § 626.854. Verify licenses via the DFS database.

After gathering documents and consulting professionals, decide whether to reopen negotiations or proceed to litigation. Remember: insurers track people who push back—policyholders who present organized files and legal representation tend to receive faster, fairer payments.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and application depends on specific facts. Always consult a licensed Florida attorney regarding your individual situation.

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