Hollywood, Florida Property Insurance - Insurance Attorney

Introduction: Why This Guide Matters to Hollywood, Florida Homeowners

Sun-soaked beaches, palm-lined streets, and mid-century homes give Hollywood, Florida its postcard charm. Yet living in coastal Broward County also means facing hurricanes, tropical storms, floods, and the occasional plumbing catastrophe. When disaster strikes, Hollywood homeowners rely on their property insurance to repair roofs, replace damaged interiors, and keep families safe. Too often, however, insurers delay, undervalue, or flat-out deny legitimate claims. If you have experienced a property insurance claim denial in Hollywood, Florida, this comprehensive guide—written with a slight bias toward protecting policyholders—explains your rights, the relevant Florida statutes, and practical steps to fight for the benefits your premiums were meant to secure.

This article is backed by authoritative sources such as the Florida Statutes, published opinions from Florida courts, and materials issued by the Florida Department of Financial Services (DFS). Every section is tailored to Hollywood’s local context, including references to Broward County resources and the realities of living just three miles from the Atlantic Ocean.

Remember: Florida law generally favors prompt, fair payment of covered losses. Understanding the rules—and when to involve an experienced Florida insurance attorney—can be the difference between a swift rebuild and months of frustration.

Understanding Your Property Insurance Rights in Florida

Key Policyholder Rights Under Florida Law

Florida provides an extensive statutory framework that protects homeowners from unfair insurance practices. The most important rights include:

• Timely Decision on Your Claim: Under Fla. Stat. § 627.70131(7)(a), insurers must pay or deny a property insurance claim within 90 days after receiving notice, unless factors beyond their control prevent a decision.

• The Right to a Copy of Your Policy: You are entitled to request—and receive—your full policy and endorsements to verify coverage language.

• Fair Claims Handling: Fla. Admin. Code R. 69O-166.024 outlines standards for prompt investigation, acknowledgment, and settlement offers. Violations can lead to regulatory penalties.

• Access to the Florida DFS Mediation Program: If a claim is disputed for more than US$500, homeowners may request free mediation through the DFS, giving a neutral forum to seek resolution without filing suit.

• Five-Year Statute of Limitations for Contract Actions: Pursuant to Fla. Stat. § 95.11(2)(b), you generally have five years from the date of breach (often measured from the denial date) to sue your insurer for unpaid benefits.

Unique Considerations for Hollywood Homeowners

Hollywood’s proximity to the Intracoastal Waterway creates elevated exposure to wind-driven rain and flood. While standard property policies often exclude flood damage, Florida law requires insurers to comply with the policy language they drafted. If wind causes an opening that lets rain enter, the resulting water damage is typically covered, even if the insurer argues “flood.” Knowing this distinction—and insisting the carrier analyze concurrent perils correctly—can significantly impact claim value.

Primary vs. Supplemental Coverages

Florida homeowners commonly carry:

• HO-3 or HO-5 Policies (all-risk coverage subject to exclusions)

• Citizens Property Insurance Corporation policies for high-risk coastal areas

• Excess flood or windstorm endorsements

Understanding which policy pays first prevents insurers from pointing fingers at each other while you wait for vital repairs.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Insurers frequently argue that a homeowner waited too long to report damage. While prompt notice is required, Florida case law (e.g., Estrada v. Citizens, 276 So. 3d 905, Fla. 3d DCA 2019) places the burden on the insurer to prove it was prejudiced by any delay. If your carrier cites late notice, demand evidence of actual prejudice.

2. Wear and Tear vs. Sudden Event

Florida policies cover sudden, accidental losses—not routine deterioration. Insurers may assert that a leaking roof or pipe burst was due to “wear and tear.” Skilled adjusters—or independent engineers engaged by your attorney—can document storm creasing, water staining, and pressure readings that show a sudden failure.

3. Pre-Existing Damage Exclusion

Condos built in the 1960s are common in Hollywood’s Emerald Hills and Hollywood Lakes neighborhoods. Carriers sometimes attribute current damage to prior hurricanes (e.g., Irma 2017). Unless the insurer proves the damage existed before the policy term, the exclusion should not apply.

4. Policy Exclusions and Anti-Concurrent Causation Clauses

Most Florida policies now contain language stating that if a non-covered peril (such as flood) and a covered peril (wind) combine to cause damage, the entire loss is excluded. Florida courts narrowly interpret these clauses. Never accept an exclusion at face value— demand a detailed causation analysis.

5. Allegations of Fraud or Material Misrepresentation

Under Fla. Stat. § 627.409, an insurer can void coverage if the policyholder intentionally conceals or misrepresents a material fact. Innocent mistakes, however, do not void coverage. If the carrier makes this serious allegation, contact a Florida attorney immediately.

Florida Legal Protections & Insurance Regulations

Florida Statutes That Safeguard Homeowners

• Fla. Stat. § 624.155 – Civil remedy for insurer’s bad-faith practices. Allows policyholders to seek extra-contractual damages if the insurer fails to settle in good faith.

• Fla. Stat. § 627.428 – Entitles insureds who prevail in litigation to reasonable attorney’s fees, leveling the playing field against deep-pocket carriers.

• Fla. Stat. § 627.70152 – Requires a pre-suit notice and ten-day cure period for residential property claims filed after July 1, 2021, encouraging settlement without litigation.

• Fla. Stat. § 626.9541 – Unfair claim settlement practices statute, enforced by the Florida Office of Insurance Regulation.

Regulatory Agencies

The Florida Department of Financial Services Consumer Services Division handles consumer complaints and administers mediation. The Florida Office of Insurance Regulation oversees insurer solvency and market conduct exams. Both agencies can impose fines and corrective orders when carriers violate statutes.

Attorney Licensing Rules in Florida

Only members in good standing of The Florida Bar may provide legal services for Floridians. Rule 4-5.5, Rules Regulating The Florida Bar, prohibits unauthorized practice. When hiring counsel, confirm the attorney’s license status at The Florida Bar’s member search. Many insurance attorneys also maintain memberships in the Southern District of Florida federal courts for claims under the National Flood Insurance Program.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Carefully

Insurers must state specific policy provisions that justify denial. Highlight the sections cited for quick reference.

2. Gather and Preserve Evidence

• Photograph or video all damaged areas—label files by date/location.

• Retain receipts for emergency repairs (e.g., roof tarping, water mitigation).

• Secure prior inspection reports, maintenance logs, and weather data for Hollywood on the date of loss.

3. Request the Claim File

Florida insurance regulations oblige carriers to disclose certain claim materials upon written request. Obtaining adjuster notes can reveal inconsistent conclusions.

4. Consider DFS Mediation or Neutral Evaluation

For residential property claims under US$100,000, you may seek free DFS mediation. Sinkhole disputes qualify for neutral evaluation under Fla. Stat. § 627.7074.

5. Engage an Independent Adjuster or Expert

Public adjusters licensed under Fla. Stat. § 626.854 advocate exclusively for policyholders. Engineers can perform moisture mapping or uplift testing to counter insurer reports.

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

For policies subject to Fla. Stat. § 627.70152, you must provide a pre-suit notice with an itemized demand. The insurer then has ten business days to cure or offer payment. Failure to respond may strengthen a later bad-faith claim.

7. File Suit Within the Statute of Limitations

If the insurer refuses to pay, your last resort is litigation. In most cases, the five-year contract statute applies, but check with counsel—some hurricane losses have shorter windows.

When to Seek Legal Help in Florida

Indicators You Need a Florida Insurance Attorney

• The denial cites complex policy exclusions you cannot interpret.

• Repairs exceed US$20,000 and delays are causing mold or code-compliance fines from Hollywood’s Building Division.

• The insurer alleges fraud or material misrepresentation.

• You have received “low-ball” estimates far below contractor bids.

• The carrier ignores calls or fails to honor the 90-day decision deadline.

Benefits of Hiring Counsel

Because Fla. Stat. § 627.428 allows prevailing insureds to recover attorney’s fees, many lawyers accept property cases on contingency. Your lawyer can:

• Depose field adjusters and corporate representatives.

• Invoke appraisal or demand pre-suit mediation.

• Pursue statutory bad-faith damages after filing a civil remedy notice.

Most importantly, an attorney handles the procedural burdens, freeing you to focus on rebuilding.

Local Resources & Next Steps

Hollywood-Area Contacts

• Broward County Environmental and Consumer Protection Division – Records flood history and assists with contractor complaints.

• City of Hollywood Building Division – Provides permit records helpful to prove maintenance and code compliance.

• South Broward Bar Association – Referral service for vetted Florida attorneys experienced in insurance litigation.

• Community Redevelopment Agency (CRA) – Offers grants for façade and storm-hardening improvements, reducing out-of-pocket costs once your claim is paid.

Practical Checklist for Hollywood Homeowners

• Review your policy before storm season—note hurricane deductible and exclusions.

• Create secure digital backups of photos and receipts on cloud storage.

• Keep the contact information of at least one local roofer, water mitigation company, and insurance attorney.

• After any loss, notify your insurer and the City of Hollywood code department to avoid violations.

• Document every call, email, and inspection in a claim diary.

Authoritative References for Further Reading

Florida DFS Residential Property Insurance Guide Florida Statutes Chapter 627 (Insurance Rates and Contracts) Published Opinions of the Florida Supreme Court

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Laws change frequently, and the application of statutes can vary based on individual facts. Always consult a licensed Florida attorney 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.