Hollywood Florida Property Insurance: Lawyers for Insurance

Introduction

From Emerald Hills to Hollywood Beach, Hollywood, Florida homeowners face a unique mix of coastal weather, aging housing stock, and an active insurance market. Each summer thunderstorm, tropical depression, or plumbing mishap places your property squarely in the sights of potential damage. When that happens, you expect your insurer to honor the policy you have faithfully paid for. Yet many Broward County residents discover that filing — and getting paid on — a property insurance claim is harder than it should be. If you are dealing with a property insurance claim denial hollywood florida, this guide explains your rights, the laws that protect you, and the local resources available to fight back.

This 2,500-plus-word handbook is written with a homeowner-friendly lens. All legal citations come from authoritative Florida sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published Florida court decisions. By the end, you will understand why insurers deny claims, what deadlines apply, and when it is time to involve a Florida attorney focused on helping Hollywood homeowners.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract

Under Florida contract law, your homeowners policy is a legally binding agreement. If the carrier breaches that contract by underpaying, delaying, or wrongfully denying benefits, you may sue for breach of contract within five years. (Fla. Stat. § 95.11(2)(b)).

2. Statutory Claim Deadlines

• Initial Notice of Loss: For hurricane, windstorm, or other catastrophic events, a policyholder must give written notice to the insurer within one year of the date of loss. (Fla. Stat. § 627.70132, amended 2022).

• Supplemental Claims: You have 18 months from the date of loss to submit additional covered damage discovered later.

• Civil Remedies: Before filing a lawsuit for bad faith, you must file a Civil Remedy Notice with the DFS and allow the carrier 60 days to cure. (Fla. Stat. § 624.155).

3. The Florida Homeowner Claims Bill of Rights

Created in 2014 and codified at Fla. Stat. § 627.417, this notice must be sent to you within 14 days of reporting a claim. Key provisions include:

• The insurer must acknowledge your claim within 14 days.

• The insurer must begin an investigation within 10 days after you submit proof-of-loss.

• The insurer must pay or deny the claim within 90 days unless factors beyond its control exist.

4. Mediation & Appraisal Rights

Under Fla. Stat. § 627.7015, residential policyholders have a statutory right to free DFS-sponsored mediation for disputed claims up to $500,000. Many policies also include an appraisal clause, providing another out-of-court option to resolve scope or pricing disagreements.

5. Bad-Faith Protections

If an insurer acts in reckless disregard for your rights — for example, by ignoring clear evidence of covered damage — Florida’s bad-faith statute (Fla. Stat. § 624.155) allows additional damages, including consequential losses and attorneys’ fees.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely use the word “bad faith” in denial letters. Instead, they rely on technical defenses that shift the burden back to the homeowner. The most frequent justifications seen in property insurance claim denial hollywood florida cases include:

• Late Notice: Missing the one-year (hurricane) or policy-specified deadline gives the carrier a powerful defense.

• Wear and Tear Exclusion: Carriers often label roof leaks as “age-related deterioration” rather than storm damage.

• Water Damage Limitations: Many policies restrict coverage for constant or repeated seepage lasting more than 14 days (Fla. Stat. § 627.7011).

• Failure to Mitigate: If you did not promptly dry out water-soaked areas or board up broken windows, the insurer may cite additional damage as uncovered.

• Alleged Misrepresentation: Discrepancies in your application or claim forms can trigger rescission or denial.

• Pre-Existing Damage: Carriers sometimes blame prior storms, previous owners, or construction defects rather than the triggering event.

Understanding these reasons arms you to gather the right evidence early, reducing the chance that the insurer can exploit loopholes.

Florida Legal Protections & Insurance Regulations

Key Statutes Every Hollywood Homeowner Should Know

• Fla. Stat. § 627.428: Allows courts to award attorneys’ fees to insureds who prevail in lawsuits against their insurers.

• Fla. Stat. § 626.9541: Defines unfair claim settlement practices, such as misrepresenting policy provisions or failing to act promptly.

• Fla. Admin. Code R. 69J-166.031: Governs the DFS mediation program, including mediator qualifications and timelines.

• Fla. Stat. § 501.171: Protects personal information shared with insurers; relevant when carriers request sensitive documents.

The Office of Insurance Regulation (OIR)

The OIR approves rate filings, oversees solvency, and can discipline carriers for systemic underpayment trends. Complaints can be filed online through the DFS “Consumer Services” portal.

Attorney Licensing Rules

Only lawyers admitted to The Florida Bar may provide legal advice on insurance disputes. Out-of-state attorneys must seek pro hac vice admission under Fla. R. Jud. Admin. 2.510 and associate with local counsel.

Recent Legislative Changes Impacting Claims

• SB 2A (2022): Reduced the statutory deadline for hurricane claims from two years to one year.

• HB 837 (2023): Modified comparative negligence rules and shortened the general statute of limitations for negligence actions, indirectly affecting assignment-of-benefits contractors.

• Elimination of One-Way Fee Statute for New Policies (2022): Newer policies may now limit the recovery of attorneys’ fees, making early legal engagement even more critical.

Steps to Take After a Property Insurance Claim Denial in Florida

• Read the Denial Letter Carefully Identify the specific policy provisions cited. Highlight dates, exclusions, and any requests for more information.

• Order a Certified Copy of Your Policy Florida law requires insurers to provide the complete policy within 30 days of a written request. Make sure you have endorsements and riders.

• Document the Damage Take date-stamped photos, retain receipts for emergency repairs, and secure any expert reports. Under Fla. Stat. § 627.7152, assignment-of-benefits vendors must provide copies of their estimates to the carrier and the insured.

• Request DFS Mediation File Form DFS-I-CMN-1809 online. Mediations are usually scheduled within 30–45 days in Broward County and held virtually or in downtown Fort Lauderdale.

• Consider Appraisal If your policy allows, send a written demand naming your appraiser. The insurer has 20 days to respond with its own appraiser under typical policy language.

• Serve a Civil Remedy Notice (CRN) When bad faith is suspected, file the CRN through the DFS website. Clearly state the facts, relevant statutes, and a cure amount. The carrier then has 60 days to resolve the dispute.

Consult a Qualified Florida Attorney Lawyers who focus on insurance disputes can evaluate breach-of-contract and statutory claims, preserve evidence, and handle aggressive carrier counsel.

When to Seek Legal Help in Florida

While some minor disputes resolve in mediation, the following red flags suggest you should involve counsel experienced with florida insurance law:

• The insurer refuses to reinspect despite new evidence.

• You suspect the adjuster misclassified storm damage as wear and tear.

• Coverage is accepted, but the payment is far below contractor estimates.

• The carrier invokes “fraud” or “material misrepresentation.”

• Your mortgage company threatens foreclosure due to unpaid repairs.

A lawyer can file a lawsuit in the Broward County Circuit Court (17th Judicial Circuit) or federal court if diversity jurisdiction exists. Most reputable firms handle cases on contingency, advancing costs until recovery.

Local Resources & Next Steps

• Florida Department of Financial Services Consumer Helpline: 1-877-693-5236. DFS staff can explain mediation and help escalate complaints.

• DFS Fort Lauderdale Field Office: 1401 West Commercial Blvd., Suite 165. Approximately 15 minutes north of Hollywood via I-95.

• Broward County Legal Aid: Provides limited pro bono assistance for low-income homeowners.

• City of Hollywood Development Services: Obtain permits and inspection records that may prove date-of-loss.

• Florida Bar Lawyer Referral Service: Connects residents with insured-dispute attorneys licensed in Florida.

For hurricane-related issues, FEMA’s Disaster Recovery Centers often set up at the Hollywood Branch Library after major storms. Keep receipts for hotel stays and cleanup costs to maximize Additional Living Expenses (ALE) claims.

Authoritative References

Florida Department of Financial Services – Consumer Resources Florida Statutes Chapter 627 – Insurance Rates and Contracts The Florida Bar – Hiring the Right Attorney Florida Office of Insurance Regulation – Consumer Services

Legal Disclaimer

This guide is informational only and does not create an attorney-client relationship. Laws change frequently. Always consult a licensed Florida attorney about 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.