Hollywood,Florida Property Insurance—Your Insurance Attorney

Introduction: Why Hollywood, Florida Homeowners Need This Guide

From Emerald Hills to the beachside condos along Ocean Drive, Hollywood, Florida offers diverse housing and, unfortunately, diverse exposure to risk. Tropical storms rolling in from the Atlantic, daily summer downpours that overwhelm drainage, and year-round humidity that breeds mold can all trigger property damage claims. When your insurer undervalues or outright denies a claim, your mortgage still needs to be paid and repairs still have to be made. This comprehensive guide—written with a slight bias toward protecting policyholders—explains how Florida insurance law works, why denials happen, and what Hollywood homeowners can do to enforce their rights. Every statute cited is current as of May 2024, and all procedures are specific to Florida.

Remember: insurance carriers invest vast resources into limiting payouts. Knowing the rules—and when to involve your insurance attorney—levels the playing field. Whether you own a single-family home west of I-95 or a high-rise unit overlooking the Hollywood Broadwalk, the legal concepts below apply across the city and Broward County.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Law Controls That Contract

Florida treats a homeowner’s insurance policy as a binding contract. Under Fla. Stat. §624.155, an insurer may be held liable for bad-faith conduct—meaning unreasonable delays, lowball offers, or wrongful denials. Even if a carrier writes aggressive policy language, state statutes and the Florida Administrative Code override any provision that conflicts with public policy.

2. Statute of Limitations: Five Years to Sue, Shorter Deadlines to Notify

• Notice of loss: Fla. Stat. §627.70132 now requires initial claims to be reported within one year of the date of loss and supplemental or reopened claims within 18 months.

• Lawsuit window: Under Fla. Stat. §95.11(2)(e), you generally have five years from the date the insurer breached the policy (normally the denial date) to file suit.

3. The Right to Prompt Communication and Payment

Florida’s “Homeowner Claims Bill of Rights” (Fla. Stat. §627.7142) applies to every residential property policy. Highlights:

• Insurer must acknowledge your claim within 14 days.

• Insurer must begin an investigation within 10 days after proof of loss is submitted.

• Carrier must pay or deny within 60 days after receiving a sworn proof of loss, absent factors beyond its control.

4. Appraisal and Mediation Options

Many policies include an appraisal clause. You can also request free state-run mediation through the Florida Department of Financial Services (DFS) under Fla. Stat. §627.7015 before filing suit.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Hollywood homeowners often focus on emergency repairs first and report damage later. Insurers then cite §627.70132 to deny the claim for late notice—even when you called within days. Always document the date, time, and person you spoke with.

2. Alleged Pre-Existing or Long-Term Damage

Mold behind drywall or roof leaks that escape detection can be labeled “wear and tear.” Insurers argue the loss predates the policy period. A licensed public adjuster or engineer can rebut these claims.

3. Water Damage Exclusions and Caps

Florida insurers increasingly insert $10,000 water caps unless homeowners purchase an endorsement. Denials may rely on policy language that limits coverage for plumbing failures lasting more than 14 days.

4. Failure to Mitigate Further Damage

Under most policies and Fla. Stat. §627.70131(2), you must take reasonable steps (e.g., tarping a roof) to prevent additional loss. Carriers sometimes exaggerate this duty to deny legitimate claims.

5. Alleged Material Misrepresentation

If an adjuster believes photos were digitally altered or receipts inflated, they may accuse you of fraud, voiding coverage under Fla. Stat. §627.409. These accusations are serious but often defensible with proper documentation.

Florida Legal Protections & Insurance Regulations

1. Bad-Faith Statute (Fla. Stat. §624.155)

This statute allows policyholders to recover damages in excess of policy limits, plus attorney’s fees, when an insurer fails to settle claims in good faith. A Civil Remedy Notice (CRN) must be filed with DFS and the carrier, giving 60 days to cure the violation.

2. Attorney Fee Shifting—But Mind Recent Changes

Historically, Fla. Stat. §627.428 guaranteed reasonable attorney’s fees to prevailing policyholders. In 2022, the legislature rewrote §627.428 for most residential property policies issued after December 16, 2022, eliminating this automatic fee shift. Policies written before that date and surplus lines may still qualify. An experienced Florida attorney can advise on current applicability.

3. DFS Mediation and Neutral Evaluation

The Florida Department of Financial Services Mediation Program provides a neutral mediator at no cost for most claims under $100,000. For sinkhole disputes, Fla. Stat. §627.7074 offers “neutral evaluation” with a state-certified geologist.

4. Claim Handling Standards (F.A.C. 69O-166.024)

The Florida Office of Insurance Regulation requires insurers to adopt and implement reasonable standards for prompt claim processing. Violations may support a bad-faith action.

5. Public Adjuster Regulations

Public adjusters must be licensed under Fla. Stat. §626.854 and abide by ethical rules in F.A.C. 69B-220.201, including a fee cap of 10% for hurricane claims made during the first year after landfall.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Request a Written Explanation

Under Fla. Stat. §627.70131(5)(a), the insurer must provide a reasonable explanation in writing of the basis in the policy and facts for the denial.

Step 2: Gather Evidence Immediately

• Photographs and video of all damage, including date stamps.

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

• Correspondence logs: dates, names, and summaries of every call or email.

Step 3: Obtain an Independent Estimate

Hire a licensed public adjuster or contractor familiar with Broward County building codes. Their estimate often reveals undervalued line items, such as permitting fees required by Hollywood’s Building Division.

Step 4: Consider DFS Mediation

You can invoke state-sponsored mediation by completing DFS-I0-796 form. The carrier must pay the $350 mediation fee.

Step 5: File a Civil Remedy Notice (If Bad Faith Is Suspected)

Submit a CRN via the DFS portal. Be specific: cite policy provisions, attach denial letters, and state how the insurer can cure (e.g., pay $42,750 within 60 days).

Step 6: Consult a Licensed Florida Attorney

An attorney can review the entire claim file, pursue an appraisal if the policy contains that clause, or file suit in Broward County Circuit Court, where Hollywood is located.

When to Seek Legal Help in Florida

1. Complex Denials

If the carrier alleges fraud or intentional misrepresentation, the stakes include policy rescission and potential criminal referral. Retain counsel immediately.

2. Large-Dollar Losses

For damages exceeding $30,000—the threshold for Broward Circuit Court—litigation leverage often outweighs the cost of legal representation.

3. Repeated Delays

Unanswered emails, repeated requests for “additional documentation,” or last-minute engineer inspections are signs the insurer may be stalling. An attorney can compel compliance through a §627.70131 demand letter or by filing suit.

How Florida Attorneys Are Regulated

Only lawyers admitted to The Florida Bar may give legal advice on Florida insurance disputes. Rule 4-5.5 of the Rules Regulating The Florida Bar prohibits out-of-state lawyers from practicing here unless specially admitted.

Local Resources & Next Steps

Hollywood, Florida–Specific Agencies

• City of Hollywood Building Division: Pull permits and inspection records to prove code upgrades. Located at 2600 Hollywood Blvd.

• Broward County Property Appraiser: Access historical photos and valuation data (useful to rebut “pre-existing damage” arguments).

• Broward County Circuit Court: All property insurance lawsuits involving Hollywood properties are filed here. Address: 201 S.E. 6th St., Fort Lauderdale.

Statewide Help Lines

• DFS Consumer Helpline: 1-877-693-5236—file complaints against insurers.

• Florida Bar Lawyer Referral Service: 1-800-342-8011—obtain a qualified Florida attorney.

Your Action Plan

• Calendar all critical deadlines: 1 year to file, 5 years to sue.

• Document everything, including conversations with claims adjusters.

• Secure an independent estimate and, if necessary, invoke appraisal or mediation.

• Consult your insurance attorney before signing any release or proof-of-loss form that waives rights.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and the application of law to particular facts requires consultation with 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.