Hollywood, Florida Property Insurance-Insurance Law Lawyer

Introduction: Why This Guide Matters to Hollywood Homeowners

Nestled between Fort Lauderdale and Miami, the City of Hollywood, Florida is no stranger to tropical storms, king-tides, and the everyday wear that salt air inflicts on roofs and stucco. When severe weather strikes, local residents rely on property insurance to fund repairs and keep families in their homes. Yet far too many policyholders encounter a sudden property insurance claim denial hollywood florida notice—often when they can least afford it. This guide is designed specifically for Hollywood homeowners and commercial property owners. Drawing only from verified Florida statutes, administrative rules, and court opinions, we explain your rights, the insurer’s obligations, and the strategic steps you can take to protect your greatest investment.

We cover seven key sections—beginning with your baseline rights under florida insurance law and ending with local resources in Broward County. Throughout, we emphasize practical, owner-focused strategies, because the law already gives insurers enormous leverage. With the right knowledge—and, when appropriate, an experienced florida attorney—you can level the playing field.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Law Enforces It

Florida treats an insurance policy as a written contract. Under § 95.11(2)(e), Florida Statutes, you generally have five years from the date of loss to file a lawsuit for breach of that contract. If a hurricane caused the damage, you must report the claim within three years of landfall under § 627.70132.

2. The Homeowner Claims Bill of Rights

The Homeowner Claims Bill of Rights, found in § 627.7142, applies to every residential property insurance policy issued in the state. Key provisions include:

• Written acknowledgment of your claim within 14 days of filing.

• Full payment, partial payment, or denial within 90 days of receiving your proof-of-loss statement.

• The right to receive free mediation through the Florida Department of Financial Services (DFS).

3. Prompt Notice—But Not Instant Notice

Most policies require “prompt” or “timely” notice. Florida courts interpret that language to mean a reasonable time under the circumstances (Yacht Club on the Intracoastal Condo. Ass’n v. Lexington Ins. Co., 599 F. App’x 875 (11th Cir. 2015)). In practice, notify your carrier as soon as you discover damage, and document every contact.

4. Right to an Attorney’s Fees Award

Under § 627.428, if you sue your insurer and obtain any judgment in your favor—even one dollar—the court must order the insurer to pay your reasonable attorney’s fees. This fee-shifting provision gives policyholders real leverage and encourages insurers to negotiate fairly.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Insurers often argue you waited too long to report roof leaks or water intrusion. As noted, Florida law focuses on reasonableness, not strict hours-based deadlines. Evidence of when you discovered the damage is crucial to counter this defense.

2. Wear and Tear vs. Sudden Loss

Policies cover sudden, accidental losses—not gradual deterioration. Carriers therefore frame hurricane-related roof damage as “pre-existing wear.” Hiring a qualified engineer or public adjuster early helps distinguish wind-lifted shingles from old age.

3. Misrepresentation or Fraud

If the insurer believes you exaggerated square footage, inflated a repair estimate, or discarded damaged materials before inspection, it may deny the claim entirely under anti-fraud provisions (§ 627.409). Detailed photos, honest statements, and preserving evidence stop these allegations cold.

4. Non-Payment of Premium

Florida Statute § 627.728 requires carriers to send a written cancellation notice at least 10 days before termination for non-payment. If you never received valid notice, the policy may still be in force.

5. Excluded Perils and Concurrent Causation

Standard policies exclude flood, earth movement, or sewer back-up unless endorsed. However, under Florida’s “concurrent causation” doctrine, if a covered peril (wind) and an excluded peril (flood) combine to cause damage, the wind portion remains covered (Wallach v. Rosenberg, 527 So. 2d 1386 (Fla. 3d DCA 1988)). Careful damage segregation is vital in coastal Hollywood neighborhoods that can experience simultaneous storm surge and wind.

Florida Legal Protections & Insurance Regulations

1. Regulatory Oversight

The Florida Office of Insurance Regulation (OIR) licenses carriers and approves policy forms. Florida Department of Financial Services Consumer Division (DFS) investigates complaints and administers the mediation program required by § 627.7015.

2. The Prompt Pay Law

Under § 624.1551, insurers that fail to pay undisputed amounts within 90 days owe interest at 12% annually. This statute encourages faster settlements.

3. Bad-Faith Claims: § 624.155

If an insurer acts “in reckless disregard” for your rights—by low-balling, delaying, or ignoring evidence—you may file a civil remedy notice and later pursue extra-contractual damages. You must first give the carrier 60 days to cure the violation through the statutory notice portal.

4. Assignment of Benefits (AOB) Reform

Recent legislative changes (HB 837, 2023) restrict contractors from suing on AOBs. Homeowners now retain more direct control over their claims, reducing litigation risk and the chances of inflated invoices used as a pretext for denial.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully Florida’s fair claim handling rule, Fla. Admin. Code 69O-166.024, requires carriers to state specific policy provisions supporting denial. Flag each cited exclusion or condition precedent. Request the Complete Claim File Under Florida common-law discovery rules and Rule 1.350, Florida Rules of Civil Procedure, you can later compel the insurer’s adjuster notes. A pre-suit written request sometimes convinces the carrier to reopen the claim. Document and Preserve Evidence Take high-resolution photos, keep torn shingles, and maintain a damage diary. Hollywood’s humid climate accelerates mold, so act quickly. Secure Independent Estimates Obtain at least two itemized bids from state-licensed contractors. Broward County’s Contractor License Search can verify credentials. Pursue DFS Mediation File Form DFS-I0-510 within 60 days of denial. Mediation is free for residential claims up to $500,000. Send a Detailed Reconsideration Letter Cite the independent estimates, photographs, and any code-upgrade requirements under the Florida Building Code (FBC 7th Edition). Track All Deadlines Note the five-year lawsuit limitation and the 90-day payment rule. Calendar reminders prevent forfeiting rights.

When to Seek Legal Help in Florida

1. Complex Denials Involving Causation Disputes

If the insurer argues that flood, not wind, caused the damage—and your home sits west of Ocean Drive—you need expert testimony. A seasoned insurance law lawyer coordinates engineers, meteorologists, and appraisers.

2. Low-Ball Valuations

Under § 627.7015, if the insurer’s offer is “less than full and fair,” attorney’s fees may be recoverable even after appraisal. Counsel also ensures the appraisal clause is invoked properly.

3. Allegations of Fraud or Misrepresentation

Fraud accusations can void a policy entirely. Immediate legal intervention protects you during examinations under oath (EUOs) mandated by § 626.9541(1)(i).

4. Statutory Bad Faith

Because § 624.155 deadlines are unforgiving, consulting counsel early avoids procedural missteps that could jeopardize extra-contractual damages.

5. Attorney Licensing Requirements

Any lawyer you hire must be a member in good standing of The Florida Bar, governed by Chapter 4, Rules Regulating The Florida Bar. Verify licensure at Florida Bar’s online directory.

Local Resources & Next Steps

• Hollywood Building Division – 2600 Hollywood Blvd.; obtain permits and inspection histories.

• Broward County Records, Taxes & Treasury – Access property appraiser data to support replacement-cost calculations.

• Florida DFS Consumer Helpline – 1-877-693-5236 for mediation scheduling.

Florida OIR Homeowners Insurance Toolkit

• Local FEMA Flood Map Service Center for east Hollywood addresses south of Sheridan Street.

Now that you understand the rules, build a simple “claim binder” with the denial letter, policy, photos, repair estimates, and all communications. If the insurer reconsiders and pays, great. If not, you are prepared for mediation, appraisal, or litigation.

Legal Disclaimer: This guide provides general information about Florida property insurance law. It is not legal advice. For advice about your specific 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.