Hollywood, Florida Property Insurance Law & Lawyer Guide

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Nestled between Fort Lauderdale and Miami, Hollywood, Florida offers beautiful beaches, historic neighborhoods, and a vibrant arts scene. Yet, its coastal location also exposes Hollywood homeowners to hurricanes, tropical storms, and flooding. When roofs are ripped off or pipes burst, most residents rely on property insurance to repair the damage and restore their lives. Unfortunately, insurers do not always pay what they owe. A property insurance claim denial Hollywood Florida can leave families scrambling for answers and cash. This comprehensive legal guide—written with a slight bias toward protecting policyholders—explains your rights, Florida’s unique insurance laws, and the practical steps to fight back.

Everything below is grounded in authoritative Florida sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts. By the end, you will know when to negotiate, when to document aggressively, and when to call an experienced Florida attorney.

Understanding Your Property Insurance Rights in Florida

Key Contractual and Statutory Rights

Your insurance policy is a contract. Under Florida law, the insurer has a good-faith duty to investigate, adjust, and pay valid claims. Florida Statute §624.155 allows you to sue if the carrier acts in bad faith, such as by unreasonably delaying payment or low-balling you. Additionally, Florida Statute §627.70131(7)(a) generally requires insurers to pay or deny a residential property claim within 90 days after receiving notice.

Time Limits (Statute of Limitations)

• Five years to file a breach-of-contract lawsuit for unpaid insurance benefits under Florida Statute §95.11(2)(e).

• Two years for a bad-faith lawsuit after the underlying benefits dispute is resolved (Florida Statute §624.155(1)).

• One year to reopen a hurricane claim if supplemental damages appear later (Florida Statute §627.70132).

If you miss these deadlines, the court will likely dismiss your case, no matter how strong the facts.

Your Right to Access Information

Florida Administrative Code 69O-166.031 grants policyholders the right to receive a complete, legible copy of their policy within 30 days of a written request. You are also entitled to the insurer’s claim file in any litigation, subject to certain privileges.

Common Reasons Property Insurance Companies Deny Claims in Florida

Understanding common denial tactics helps you anticipate and rebut them.

• Excluded Perils – Standard policies often exclude flood, earth movement, and wear-and-tear. Insurers may argue your water damage was flood, not wind-driven rain.

• Lack of Maintenance – Carriers may assert that pre-existing deterioration, not the covered event, caused the loss.

• Late Notice – Under §627.70132 you must give notice within one year of the date you knew or should have known of hurricane damage. Missing the internal policy notice deadline is another favorite denial ground.

• Misrepresentation – Any alleged false statement on the application or during claim adjustment can trigger a denial under §627.409.

• Failure to Mitigate – Policies require you to take reasonable steps (e.g., tarping a roof) to prevent further damage.

While some denials are legitimate, many hinge on narrow interpretations or incomplete investigations. Florida courts have repeatedly held that ambiguous policy language must be construed in favor of the insured (see Washington Nat’l Ins. v. Ruderman, 117 So. 3d 943, Fla. 2013).

Florida Legal Protections & Insurance Regulations

The Homeowner Claims Bill of Rights

Florida Statute §627.7142 requires insurers to provide this notice within 14 days of receiving a claim. The Bill of Rights explains:

• Your right to receive acknowledgment within 14 days.

• Your right to receive the adjusting decision within 90 days.

• DFS mediation options for disputes under $30,000.

Prompt Pay Statute

Under §627.70131, once the amount of the loss is determined, the insurer must pay within 90 days. Failure creates a presumption of bad faith.

Civil Remedy Notice (CRN)

Before suing for bad faith, you must file a CRN with DFS, giving the insurer 60 days to cure. The form is available on the DFS Civil Remedy portal.

Attorney Fees & Assignment of Benefits (AOB)

Florida’s one-way fee statute (§627.428, now §627.428/§626.9373) allows courts to award attorney fees to policyholders who obtain a judgment or settlement. Recent reforms (2022) modified fee multipliers and AOB practices, but policyholders still receive fee protection in many scenarios.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Closely

The insurer must state specific policy language justifying the denial (69O-166.024, F.A.C.). Highlight those provisions for future reference.

2. Gather and Preserve Evidence

• Photographs and video of damage, taken as soon as possible.

• Receipts for emergency repairs (tarping, water extraction).

• Maintenance records proving proper upkeep.

3. Request the Complete Claim File

Send a written request citing 69O-166.031. The adjuster’s notes may reveal flawed investigations or missing information.

4. Obtain Independent Estimates

Hire a licensed Florida public adjuster or contractor to produce a competing estimate. Compare line-by-line with the insurer’s scope.

5. Utilize State-Sponsored Mediation

For residential claims under $30,000, DFS will assign a neutral mediator at no cost to you (Florida DFS Mediation Program). Many disputes settle here without litigation.

6. File a Civil Remedy Notice (If Bad Faith Suspected)

This step is required before suing for extra-contractual damages. Make sure to describe the wrongful conduct and the cure amount precisely.

7. Sue Before Deadlines Expire

If negotiations stall, file suit well before the five-year statute of limitations. Waiting until the last moment risks dismissal for procedural errors.

When to Seek Legal Help in Florida

Complex or High-Dollar Claims

Large hurricane, fire, or mold claims often exceed $50,000. Insurers fight these vigorously. A Florida attorney experienced in insurance litigation can depose adjusters, hire engineers, and force compliance with discovery requests.

Disputed Causation

If the carrier blames flood while you claim wind-driven rain, expert testimony is crucial. Lawyers maintain networks of meteorologists and structural engineers ready to testify.

Bad-Faith Conduct

Repeated delays, lost documents, or forced low-ball settlements may warrant a §624.155 action. Florida lawyers know how to draft a CRN that withstands dismissal attempts.

Attorney Licensing Rules

Only attorneys licensed by the Florida Bar may give legal advice on Florida claims. Out-of-state lawyers must petition to appear pro hac vice and associate with local counsel.

Local Resources & Next Steps

Hollywood, Florida Governmental Resources

• City of Hollywood Building Division: For permits and post-loss inspections, visit 2600 Hollywood Blvd. Permit records can prove the home met code before the storm.

• Broward County Property Appraiser: Obtain historical property data to counter claims of pre-existing damage.

Homeowner & Community Associations

Many Hollywood neighborhoods, from Hollywood Lakes to Emerald Hills, have associations that maintain insurance master policies. Review both the HOA policy and your personal HO-6 or HO-3 policy for overlapping coverage.

Disaster Assistance

After federally declared events, the FEMA Individuals and Households Program may provide grants for temporary housing. Keep these receipts; insurers must offset only duplicate payments.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. 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.