Insurance Attorney Guide to Property Insurance in Hollywood, Florida

Introduction: Why Hollywood, Florida Homeowners Need a Focused Guide

Hollywood, Florida sits between Miami and Fort Lauderdale, a vibrant coastal city known for its historic Broadwalk, mid-century neighborhoods such as Hollywood Lakes, and a housing stock that faces unique weather-related risks. From wind-driven rain off the Atlantic to the occasional hurricane crossing Broward County, property owners in Hollywood routinely rely on insurance to protect their homes and rental properties. Yet even a well-documented claim can be met with delay or denial. This guide—written from the policyholder’s perspective—explains how Florida law protects you, what insurers must do, and when it is time to engage an insurance attorney. Throughout, we cite only authoritative sources such as the Florida Statutes, Florida Administrative Code, Florida Department of Financial Services (DFS), and published opinions from Florida courts. Whether you live near Young Circle, Emerald Hills, or the barrier-island condos along Ocean Drive, the information below is designed to give Hollywood homeowners the leverage they need to fight an unfair property insurance claim denial.

Understanding Your Property Insurance Rights in Florida

Key Statutory Rights

Florida provides one of the nation’s most detailed sets of consumer protections for insurance policyholders. The most important provisions for Hollywood homeowners include:

• Right to Prompt Acknowledgment – Under Fla. Admin. Code R. 69O-166.024, insurers must acknowledge receipt of a property insurance claim within 14 calendar days, unless payment is made sooner.

• Right to a Fair Investigation – Fla. Stat. § 626.9541(1)(i) prohibits insurers from failing to adopt and implement reasonable standards for investigating claims.

• Right to Receive a Coverage Decision – Fla. Stat. § 627.70131(7)(a) requires insurers to pay or deny a residential property claim within 60 days after receipt of a sworn proof of loss, absent factors beyond the insurer’s control.

• Right to Interest on Late Payments – If the insurer fails to pay within 90 days, simple interest is owed under Fla. Stat. § 627.70131(5)(a).

Time Limits That Matter

• Notice of Loss – Effective 2023, hurricane and windstorm losses must be reported within one year of the date of loss (Fla. Stat. § 627.70132).

• Statute of Limitations to Sue – Policyholders generally have five years from the date the insurer breached the policy (usually the denial date) to file suit for breach of contract under Fla. Stat. § 95.11(2)(b). However, supplemental or reopened claims after a hurricane are limited to 18 months from the date the first notice of loss was filed.

Good Faith Obligations of the Insurer

Florida recognizes a separate cause of action for bad-faith claims handling under Fla. Stat. § 624.155. To pursue bad faith, a Hollywood homeowner must first obtain a favorable resolution of the underlying coverage dispute and then file a Civil Remedy Notice (CRN) with the DFS, giving the insurer 60 days to cure. If the insurer fails, additional damages—including consequential and, in some cases, punitive damages—may be recoverable.

Common Reasons Property Insurance Companies Deny Claims in Florida

According to DFS consumer complaints, denials often fall into predictable categories. Knowing these patterns helps homeowners anticipate carrier tactics.

1. Alleged Late Notice

Insurers frequently argue that the homeowner waited too long to report damage. While Florida’s one-year notice window for hurricane claims is strict, other losses (e.g., pipe bursts) are evaluated under the policy’s own “prompt notice” language and Florida case law, which generally requires the carrier to prove prejudice.

2. Wear and Tear or Maintenance Exclusions

Florida policies exclude losses caused by gradual deterioration. Insurers may label roof leaks as “wear and tear” even when a windstorm event triggered damage. A thorough engineering report—often obtained by a policyholder’s attorney—can rebut this tactic.

3. Water Damage Limitations Under § 627.7011

Many policies now cap non-weather water damage at $10,000 unless the homeowner carries optional endorsements. Denials citing these caps sometimes misapply the statute or ignore broader collapse or ensuing-loss provisions.

4. Failure to Mitigate

Florida law requires insureds to take reasonable steps to protect property from further damage. However, insurers may exaggerate mitigation lapses. Keep receipts for tarping, water extraction, or emergency board-up; these expenses are typically reimbursable.

5. Alleged Misrepresentation

Carriers may void coverage if they believe the insured misrepresented prior damage or inflated the claim. Under Fla. Stat. § 627.409, rescission is allowed only if the misstatement is material to the insurer’s risk acceptance. Policyholders should answer questions truthfully but avoid speculation during examinations under oath (EUO).

Florida Legal Protections & Insurance Regulations

Florida’s Homeowner Claims Bill of Rights

Florida mandates that insurers send an informational document known as the “Homeowner Claims Bill of Rights” within 14 days of receiving a claim. Highlights include:

• Time frames for acknowledgment, decision, and payment of claims.

• Explanation of mediation and appraisal rights.

• Contact information for DFS consumer helplines.

Mediation & Neutral Evaluation Programs

The DFS operates a free mediation program under Fla. Stat. § 627.7015 for most residential property disputes. Either party may request mediation after a claim denial or partial payment. For sinkhole claims—common in parts of Central Florida but less so in coastal Broward—homeowners may request neutral evaluation under Fla. Stat. § 627.7074.

Court Precedents Protecting Policyholders

• Johnson v. Nationwide (Florida Supreme Court, 2004) – Held that policyholders may not need to prove every dollar of damages before filing suit; they only need a dispute about coverage.

• Hicks v. American Integrity (Fla. 5th DCA, 2017) – Confirmed that insurers must show prejudice to deny claims based on alleged late notice.

• Cammarata v. State Farm (Fla. 4th DCA, 2013) – Clarified that a coverage determination in favor of the insured is sufficient to pursue bad-faith damages.

Attorney’s Fees & Fee-Shifting Statutes

Florida incentivizes insurers to act fairly by allowing prevailing policyholders to recover attorney’s fees under Fla. Stat. § 627.428. Recent legislative changes (2022 & 2023 Special Sessions) scaled back some fee-shifting, but contracts issued before December 2022 still permit statutory fees for many homeowners. Always review your policy’s effective date.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Obtain the Denial Letter and Claim File

Insurers must provide a written explanation of denial. Request the complete claim file, including adjuster notes and expert reports, under Fla. Stat. § 626.9541(1)(i)3.

2. Review Your Policy Declarations and Endorsements

Check deductibles, coverage limits, and endorsements (e.g., law & ordinance, mold). Many Hollywood homeowners carry windstorm insurance via Citizens Property Insurance Corporation; Citizens has special policy forms and deadlines.

3. Document the Damage Again

Take date-stamped photos, drone footage if safe, and obtain professional estimates from licensed Florida contractors. Under Fla. Stat. § 489.126, assignment of benefits (AOB) contracts must include specific language—failure to comply can jeopardize claim rights.

4. Consider Alternative Dispute Resolution

• Mediation – File a DFS mediation request online. The insurer pays the mediator’s fee unless the homeowner fails to appear.

• Appraisal – Many policies include an appraisal clause for valuation disputes. Each party selects an appraiser, and a neutral umpire issues a binding award on amount but not coverage.

5. Send a Pre-Suit Notice (If Required)

For policies issued after 2023 reforms, Fla. Stat. § 624.1551 requires a pre-suit notice of intent to litigate. The insurer then has 10 business days to reinspect or settle.

When to Seek Legal Help in Florida

Indicators You Need an Insurance Attorney

• Claim denial based on policy exclusions you believe do not apply.

• Lowball payment far below independent estimates.

• Insurer demands an Examination Under Oath targeting irrelevant issues.

• Complex issues such as matching, ordinance or law upgrades, or concurrent causation disputes.

Florida Attorney Licensing Rules

Only members in good standing with The Florida Bar may represent homeowners in state courts. Rule 4-5.5, Rules Regulating The Florida Bar, restricts out-of-state lawyers from practicing without pro hac vice admission. Verify an attorney’s status using the Bar’s online portal. Under Fla. Stat. § 626.854, public adjusters may assist with estimation but cannot provide legal advice.

Contingency Fee Agreements

Most Florida insurance attorneys work on contingency, capped by Rule 4-1.5(f)(4)(B). The agreement must be in writing and specify whether costs are deducted before or after the fee percentage is calculated.

Local Resources & Next Steps

Hollywood-Specific Assistance

• Broward County Consumer Protection Division – Assists with contractor fraud and unlicensed activity.

• Hollywood Building Department – Provides permit history and post-storm inspection data useful for claims.

• South Broward Bar Association – Referral service to vetted Hollywood-area insurance lawyers.

Statewide Agencies

Florida Department of Financial Services – File consumer complaints and mediation requests. Florida Office of Insurance Regulation – Market conduct and solvency information for carriers. The Florida Bar – Verify attorney licenses and review fee arbitration programs.

What Hollywood Homeowners Should Do Now

• Gather all correspondence with your insurer.

• Secure at least two independent repair estimates.

• Calculate how long you have before the statute of limitations expires.

• Schedule a consultation with a qualified florida attorney experienced in property insurance disputes.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every case is unique. Hollywood homeowners should consult a licensed Florida attorney about their specific circumstances.

If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.