Insurance Attorney Guide: Property Insurance in Hollywood, FL

Introduction: Why Hollywood, Florida Homeowners Need a Local Guide

With its palm-lined streets, coastal humidity, and proximity to the Atlantic, Hollywood, Florida presents unique risks for residential property. From wind-driven rain to burst plumbing lines in older beachside bungalows, local homeowners routinely turn to their property insurance for relief. Yet many Hollywood residents discover the insurer’s first answer is no. If you searched for property insurance claim denial Hollywood Florida, you already know how frustrating a denial or underpayment can be. This guide—written with a slight bias in favor of policyholders—explains Florida-specific rights, procedures, and resources so Hollywood homeowners can push back with confidence.

Throughout, we cite only authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published Florida court opinions. Every practical step is designed for homeowners along Hollywood Boulevard or out west near Emerald Hills alike. Whether your roof was damaged by a tropical storm or a kitchen leak caused mold, use this guide to reclaim the benefits you paid for.

Understanding Your Property Insurance Rights in Florida

1. You Own the Policy—Not the Carrier

Florida law treats an insurance contract like any other contract. Under Fla. Stat. § 627.428, if you sue and win—even by one dollar—the insurer typically must pay your reasonable attorney’s fees. That fee-shifting provision is a powerful deterrent against bad-faith denials.

2. Timely Communications

• 14 Days: Under Fla. Stat. § 627.70131(1)(a), your insurer must acknowledge receipt of your claim within 14 calendar days.

• 30 Days: After you submit a proof-of-loss statement, the carrier has 30 days to begin investigating.

• 90 Days: The insurer must pay or deny the claim within 90 days of notice (the “90-Day Rule”).

3. Statute of Limitations

Most contract lawsuits—including property insurance disputes—must be filed within four years of the date the cause of action accrues (Fla. Stat. § 95.11(2)(e)). For hurricane losses after June 1 2021, the deadline shortens to two years under Fla. Stat. § 627.70132. Mark these dates on your calendar; courts strictly enforce them.

4. Right to a Free DFS Mediation

Before filing suit, Hollywood homeowners may request free state-sponsored mediation administered by the Florida DFS. The insurer must pay the mediator’s fee. Although non-binding, mediation often forces carriers to put real money on the table.

5. Right to Hire a Public Adjuster or Attorney

Florida allows policyholders to engage a licensed public adjuster to prepare estimates, or a Florida attorney admitted under Chapter 4 of the Florida Rules of Professional Conduct. Attorneys must be members in good standing with The Florida Bar and carry trust accounting insurance for client funds. Hiring counsel early signals you will fight for every contractual dollar.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. “Wear and Tear” vs. Sudden Loss

Insurers frequently label roof leaks as ordinary wear. Yet Florida’s Third District Court of Appeal held that where a sudden wind event opens a breach, ensuing water damage is covered even if the roof was older (Ceballo v. Citizens, 967 So. 2d 811 (Fla. 3d DCA 2007)). Document storm dates, retain meteorological reports, and photograph debris to counter this tactic.

2. Late Notice

Carriers cite late reporting despite Florida’s “notice-prejudice” rule. In American Integrity v. Estrada, 276 So. 3d 905 (Fla. 3d DCA 2019), the court required the insurer to show actual prejudice from delay. Provide a timeline proving you acted promptly once damage was discovered.

3. Misrepresentation or “Fraud”

Minor discrepancies on repair invoices can trigger a fraud accusation. Never inflate a contractor’s bid. If the carrier alleges fraud, demand written specifics as required by Fla. Stat. § 626.9541(1)(i) (Unfair Claim Settlement Practices).

4. Excluded Water or Mold Damage

Many Florida policies exclude long-term seepage but cover sudden discharge. A burst supply line is usually covered; slow HVAC drip may not be. However, mould remediation up to $10,000 is often mandated by state-filed forms.

5. Managed Repair Programs

Some carriers force homeowners into insurer-selected contractors. If workmanship is poor, you may demand an alternate vendor citing Fla. Stat. § 627.7152 (Assignment of Benefits reforms) which protects the homeowner’s right to quality repair.

Florida Legal Protections & Insurance Regulations

A. The Homeowner Claims Bill of Rights

The Florida DFS must send a one-page Bill of Rights within 14 days of receiving your claim. Highlights:

• Free mediation availability

• Right to fair handling and to receive a copy of your policy

• Protection from unlicensed adjusting

B. Bad-Faith Remedies

If the insurer fails to settle when it should, you may file a Civil Remedy Notice (CRN) under Fla. Stat. § 624.155. After 60 days, you can sue for extra-contractual damages, potentially treble the policy amount.

C. Appraisal

Most policies include an appraisal clause. If invoked, each side hires an appraiser; a neutral umpire resolves differences. While faster than litigation, appraisal decisions are binding on amount, not on coverage.

D. Anti-Concurrent Causation Clause Limits

Florida courts narrowly construe clauses that bar coverage when a covered and excluded peril combine (e.g., wind + flood). Ask a Florida attorney to review whether the clause is enforceable in your fact pattern.

E. Recent Legislative Changes (2022–2023)

• Shortened statute of limitations for hurricane claims from three to two years.

• Abolished one-way attorney fee statute for policies issued after December 16 2022 (SB 2-A), but fee-shifting still applies to older claims.

• Mandatory pre-suit notice and a ten-day cure period before filing suit (Fla. Stat. § 627.70152).

Because laws evolve rapidly, verify current statutes through the Official Florida Statutes.

Steps to Take After a Property Insurance Claim Denial in Florida

Obtain the Denial Letter in Writing Florida law requires carriers to provide specific policy language they rely on. Review each cited exclusion. Collect Evidence Gather photos, contractor invoices, and weather data from the National Oceanic and Atmospheric Administration (NOAA). Preserve damaged materials. Request a Certified Copy of Your Policy Under Fla. Stat. § 627.4137, insurers must furnish the policy within 30 days. Seek an Independent Estimate Hire a licensed Florida public adjuster or contractor to prepare an Xactimate report. This becomes leverage in mediation or appraisal. File a DFS Mediation or Neutral Evaluation (sinkholes) Submit form DFS-I0-0017 online. Hollywood homeowners typically receive a mediation date within 45 days. Send a Pre-Suit Notice For policies issued after 12/16/22, complete DFS-I0-10 per § 627.70152. The insurer then has 10 days to cure. Consult a Licensed Florida Attorney Only a lawyer may file a lawsuit, depose adjusters, and assert bad-faith claims.

When to Seek Legal Help in Florida

1. Complex or High-Dollar Claims

Roof replacements, extensive mold remediation, and total-loss fires often exceed $50,000. Insurers deploy large-loss teams; you should counter with legal representation.

2. Suspected Bad Faith

If the insurer ignores documentation, underpays obvious damage, or drags out payment beyond 90 days, consult counsel to draft a Civil Remedy Notice.

3. Policy Language Disputes

Anti-concurrent causation clauses, managed repair endorsements, or ambiguous water exclusions require legal interpretation. Florida appellate law changes yearly—stay current with a practitioner.

4. Litigation vs. Appraisal Decisions

An attorney can advise whether appraisal might cap your recovery or waive bad-faith rights. Do not sign an appraisal demand without legal review.

Local Resources & Next Steps for Hollywood Homeowners

1. Broward County Property Appraiser

Access building permits and aerial images to prove the age and condition of your property.

2. Hollywood Building Department

For copies of code enforcement records after storm damage, visit the office at 2600 Hollywood Blvd.

3. Florida Department of Financial Services Consumer Helpline

Call 1-877-693-5236 to request mediation or file a complaint. The DFS’s Division of Consumer Services assists with unfair claim practices.

4. Broward County Bar Association Lawyer Referral

Locate a vetted Florida attorney specializing in first-party property insurance.

5. Authoritative Reading

Florida Department of Financial Services – Consumer Resources Florida Office of Insurance Regulation – Rate & Form Filings Florida Supreme Court Opinions

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed Florida attorney for advice specific to your facts. If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.