Hollywood, Florida Property Insurance Damage Lawyer Guide

Introduction: Why Hollywood Homeowners Need This Guide

Hollywood, Florida sits along Broward County’s Atlantic coast, bounded by Fort Lauderdale to the north and Miami-Dade County to the south. The city’s 150,000 residents enjoy sunny beaches and the iconic Broadwalk, but they also face year-round exposure to tropical storms, high winds, and heavy rain. Every hurricane season, Hollywood homeowners brace for potential roof damage, water intrusion, and power-outage losses. Even a routine afternoon thunderstorm can translate into thousands of dollars in repairs.

Property insurance is supposed to be the backstop. Unfortunately, many policyholders learn—often after disaster strikes—that insurance carriers do not always play fair. A 2022 report from the Florida Office of Insurance Regulation found that property insurers in the state denied more than 15% of all first-party claims, far higher than the national average. When you add stringent deadlines, complex policy language, and aggressive adjusters, it is easy to understand why the phrase “property insurance claim denial hollywood florida” is one of the most searched topics by Hollywood homeowners after a storm.

This comprehensive guide explains your rights under Florida insurance law, common reasons claims are denied, and concrete steps you can take if your carrier refuses to pay. It is written with a slight bias toward protecting policyholders because Florida’s statutes, case law, and public policy all recognize that homeowners typically have far less bargaining power than multi-billion-dollar insurers. Whether you own a mid-century bungalow near Young Circle or a condo overlooking Hollywood Beach, this guide will help you level the playing field.

Understanding Your Property Insurance Rights in Florida

1. Key Statutes That Protect Policyholders

• Section 627.7142, Florida Statutes (Homeowner Claim Bill of Rights): Requires insurers to acknowledge your claim within 14 days, begin investigation in a timely manner, and notify you of any additional information needed.

• Section 627.70131: Carriers must pay or deny a claim within 60 days, unless factors outside their control reasonably prevent them from doing so.

• Section 95.11(5)(e): For losses occurring on or after March 24, 2023, you generally have one year from the date of denial to file a lawsuit alleging breach of a property insurance contract.

• Section 627.70152: Imposes a mandatory 10-day pre-suit notice and requires insurers to respond with a settlement offer or demand for appraisal.

2. Your Contractual Rights

Every Florida property insurance policy is a contract. Once you pay premiums, you have the right to expect the insurer will:

• Provide a certified copy of your policy upon request.

• Conduct a fair, unbiased, and timely investigation.

• Indemnify you for covered losses up to your policy limits, minus any deductible.

• Handle your claim in good faith, as required by the implied covenant of good faith and fair dealing recognized by Florida courts.

3. Notice Deadlines

Under Section 627.70132, you have one year from the date of loss to give written notice of a new or reopened claim, and 18 months for supplemental claims. Failure to meet these notice deadlines can give the insurer a strong basis to deny coverage altogether. Mark these dates on your calendar immediately after a storm.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice or Failure to Mitigate

Insurers frequently assert that a Hollywood homeowner waited too long to report a loss or failed to take reasonable steps—like tarping a roof—to prevent further damage. While the law obligates policyholders to mitigate, carriers sometimes exaggerate the effect of a minor delay. Document every step you take after the loss: photos, receipts for temporary repairs, and correspondence with contractors.

2. Alleged Pre-Existing Damage

Florida’s hot, humid climate means stucco cracks, rust, and minor roof wear are inevitable. Carriers may blame hurricane damage on “wear and tear.” Hiring an independent engineer or public adjuster can help establish that the peril in question—not age—caused the loss.

3. Water Exclusions and Anti-Concurrent Causation Clauses

Many policies exclude flood (rising water) but cover wind-driven rain. If both perils occur together—common in Hollywood’s king tide events—insurers may invoke anti-concurrent causation to exclude the entire claim. Reviewing endorsements and the declarations page with a florida attorney can reveal hidden gaps.

4. Misrepresentations or Alleged Fraud

If an insurer believes a policyholder intentionally inflated damages, it may void coverage under the policy’s fraud provision. Florida courts require insurers to prove fraud by clear and convincing evidence; innocent mistakes in square footage usually do not qualify. Always provide accurate information and correct any errors quickly.

5. Administrative or Technical Defenses

These include missing a sworn proof-of-loss deadline, refusing to sit for an examination under oath (EUO), or failing to participate in appraisal when required. Carriers use technical defenses because they are easier to prove than disputing causation. Knowing your policy’s post-loss obligations—and complying in writing—helps neutralize these tactics.

Florida Legal Protections & Insurance Regulations

1. Bad-Faith Remedies

Section 624.155 allows policyholders to file a civil remedy notice (CRN) with the Florida Department of Financial Services if an insurer acts in bad faith by not attempting to settle claims in a prompt, fair, and equitable manner. The carrier then has 60 days to cure the violation. If it fails, you may recover extra-contractual damages, including attorney’s fees.

2. Attorney’s Fees Statutes

• Section 627.428: If you prevail in a coverage lawsuit, the court shall award reasonable attorney’s fees and costs, shifting the financial burden from homeowner to insurer.

• Section 57.105: Provides additional fee-shifting if a court finds the insurer (or the policyholder) raised unsupported claims or defenses.

3. Regulatory Oversight

The Florida Department of Financial Services (DFS) and the Office of Insurance Regulation (OIR) supervise claim-handling practices. Homeowners can file complaints online through the DFS Division of Consumer Services. Carriers that engage in systemic underpayment risk administrative fines and license suspensions.

4. Licensing Requirements for Florida Attorneys

Any lawyer representing you in a Florida property insurance dispute must be an active member of The Florida Bar. Attorneys admitted in other states may appear pro hac vice only with a Florida co-counsel. When searching “property damage lawyer near me,” confirm the attorney’s Bar number and disciplinary history on the Bar’s website.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Read the Denial Letter Carefully

Florida law requires the carrier to state specific reasons for denial. Highlight all policy provisions cited.

Step 2: Request the Complete Claim File

You have a statutory right to inspect or receive copies of all non-privileged documents in your claim file. Send a certified letter citing Section 627.4137 and request:

• The adjuster’s photos and field notes

• Engineering or third-party reports

• Internal correspondence discussing coverage

Step 3: Gather Independent Evidence

Hire a licensed public adjuster or contractor familiar with South Florida building codes. Obtain repair estimates, moisture-meter readings, and drone images if roof damage is disputed. Be sure the professional is registered with the Florida Department of Financial Services.

Step 4: File a Civil Remedy Notice (If Appropriate)

Completing a CRN on the DFS website creates a 60-day window for the insurer to cure its bad-faith conduct. Attach supporting documents and cite the statutes violated.

Step 5: Participate in Pre-Suit Notice & Appraisal

Under Section 627.70152, you must give 10 days’ written notice before filing suit. The insurer may invoke appraisal, an alternative dispute resolution (ADR) process requiring each side to select an appraiser and, jointly, an umpire. While appraisal can be faster than court, results are binding, so consult counsel beforehand.

Step 6: File Suit Within the Statute of Limitations

For denials dated on or after March 24, 2023, breach-of-contract lawsuits must be filed within one year of the denial (Section 95.11(5)(e)). Older claims may still have the former five-year deadline. A licensed florida attorney will determine which applies.

When to Seek Legal Help in Florida

1. The "Red Flags"

• The insurer delays payment more than 60 days without cause.

• You receive multiple requests for the same documents.

• An engineer’s report contradicts your contractor’s findings.

• The carrier blames "pre-existing" damage you have never noticed.

2. Benefits of Hiring Counsel

A qualified property damage lawyer can:

• Interpret dense policy language and exclusions.

• Preserve evidence and line up expert witnesses.

• Handle all communications, preventing inadvertent statements that jeopardize coverage.

• Pursue attorney’s fees so the cost of litigation does not fall on you.

3. Contingency-Fee Arrangements

Most Hollywood insurance-dispute firms work on contingency, meaning no fees unless they recover funds for you. Florida Bar Rule 4-1.5(f) governs contingency percentages and requires a written agreement.

Local Resources & Next Steps for Hollywood Homeowners

1. Government & Consumer Agencies

Florida Department of Financial Services – Consumer Services: File complaints, request mediation, or ask insurance-related questions. Broward County Property Appraiser: Access property records and aerial photographs that can show pre-loss condition.

• City of Hollywood Building Division: Obtain permits, inspection histories, and elevation certificates useful in flood-related disputes.

2. Alternative Dispute Resolution

DFS offers free, non-binding mediation for property insurance disputes under Section 627.7015. Scheduling is typically faster than a Broward County Circuit Court docket.

3. Practical Checklist

• Report the loss in writing within one year (Section 627.70132).

• Photograph and video all damage before beginning temporary repairs.

• Keep a claim diary logging every phone call and email with your insurer.

• If you receive a denial or lowball offer, contact a property damage lawyer near me licensed in Florida.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and the application of law varies based on specific facts. Consult a licensed Florida attorney before acting on any information herein.

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