Insurance Attorney: Hollywood, Florida Property Insurance

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Hollywood, Florida sits on the Atlantic coast between Miami and Fort Lauderdale, putting local homes and condominiums directly in the path of tropical storms, king-tide flooding, and year-round humidity. From the tree-lined streets of Emerald Hills to the historic bungalows of Hollywood Lakes, property owners carry insurance policies that should offer a financial safety net when wind, water, or fire strikes. Yet many Hollywood homeowners discover—often after disaster has already hit—that their claims are delayed, underpaid, or flatly denied by insurers determined to protect their bottom line.

This comprehensive guide, written from the perspective of a Florida insurance attorney, explains how to fight back. You will learn:

• Your core rights under Florida insurance law.

• Why insurers commonly deny or minimize claims in Broward County.

• Critical state statutes, deadlines, and administrative rules that favor policyholders.

• Step-by-step advice after a property insurance claim denial hollywood florida.

• When and how to involve a licensed Florida attorney.

All information is sourced from authoritative Florida statutes, Florida Department of Financial Services (DFS) materials, and published court opinions. We have intentionally slanted this discussion toward protecting policyholders—because your insurer already has its own lawyers.

Understanding Your Property Insurance Rights in Florida

The Contractual Right to Indemnity

Every homeowner policy sold in Florida is a contract. Under Fla. Stat. § 627.428, if an insurer wrongly denies or underpays, the policyholder may recover reasonable attorney’s fees. This statute exists to level the playing field by deterring unfounded denials.

Statutes of Limitation

• Five-Year Contract Limit: Fla. Stat. § 95.11(2)(e) gives property owners five years from the date the insurer breaches the contract (usually the denial date) to file suit.

• Three-Year Storm Claim Window: For hurricane and windstorm losses, Fla. Stat. § 627.70132 requires initial notice of claim to be filed within three years of the event.

Missing these deadlines can forfeit your rights, so mark them on your calendar immediately after any loss.

The “Prompt Pay” Right

Florida Administrative Code Rule 69O-166.024 mandates that insurers acknowledge receipt of a claim within 14 days and begin investigation within 10 business days. Under Fla. Stat. § 627.70131(7)(a), they must pay undisputed amounts within 90 days, or face interest penalties.

Right to a Fair and Full Adjustment

DFS regulations require carriers to conduct a “reasonable” investigation before denying. You may demand a copy of the adjuster’s report, engineering opinions, and all documents used to determine coverage.

Right to Appraisal or Mediation

Most policies contain an appraisal clause allowing either side to invoke a neutral appraisal panel if the only dispute is the value of the loss. Separately, DFS offers free mediation for residential property disputes under Fla. Stat. § 627.7015.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Insurers routinely argue you waited too long to report damage—even when you filed as soon as you discovered hidden roof leaks behind attic insulation. While the three-year hurricane notice rule is strict, the Florida Supreme Court in Bartram v. U.S. Bank clarified that policyholders may rebut “late notice” by showing the carrier was not prejudiced.

2. Wear and Tear Exclusions

Policies exclude “wear, tear, and deterioration.” Carriers stretch this clause to deny legitimate wind-uplifted shingles or plumbing bursts, claiming the damage is “maintenance.” A seasoned insurance attorney often hires engineers to prove the loss was sudden and accidental, not gradual neglect.

3. Water Damage Limitations

Since 2017, many Florida policies cap non-weather water losses at $10,000 unless the homeowner opts for higher coverage. Hollywood’s 1950s-era cast-iron plumbing makes this a common denial trigger.

4. Misrepresentation or “Fraud” Accusations

Carriers sometimes assert you exaggerated square footage or omitted prior damage on the application. Under Fla. Stat. § 627.409, material misrepresentation can void a policy only if the insurer would not have issued it at the same premium.

5. Right to Repair Controversies

Some insurers elect to repair rather than pay cash. If the chosen contractor botches the job, disputes erupt over workmanship and scope. Florida courts hold the insurer strictly liable for repairs performed under a “right to repair” election.

Florida Legal Protections & Insurance Regulations

Bad-Faith Remedies (Fla. Stat. § 624.155)

When an insurer refuses to settle a valid claim, you may file a Civil Remedy Notice (CRN) with DFS, giving the carrier 60 days to cure. Failure triggers bad-faith liability in excess of policy limits.

Assignment of Benefits (AOB) Reforms

2023 legislative amendments (Senate Bill 2-A) curtailed AOB practices, but still allow policyholders—not contractors—to sue for benefits, preserving your direct control over litigation strategy.

Attorney Licensing & Fee Multipliers

Only a member in good standing with The Florida Bar may represent you in state court. Verify licensure at the Florida Bar online lawyer directory.

• Florida courts may award a fee multiplier up to 2.5× the lodestar when no competent counsel would take the case without risk-enhanced fees (Rowe standard).

DFS Mediation & Neutral Evaluation

The Florida Department of Financial Services consumer helpline coordinates free mediation for residential claims up to $500,000. Sinkhole cases may enter “Neutral Evaluation” under Fla. Stat. § 627.7074.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Demand Written Explanation

Under Fla. Stat. § 626.9541(1)(i)3.f, the carrier must provide a “reasonable written explanation” referencing policy language. Request this immediately.

2. Gather and Preserve Evidence

• Take date-stamped photos and video of all damage.

• Secure receipts for emergency repairs (tarps, water extraction).

• Keep correspondence logs: claim numbers, adjuster names, and call summaries.

3. Obtain an Independent Damage Estimate

Hire a licensed public adjuster or general contractor in Broward County to create a line-item Xactimate estimate. This prevents the insurer’s scope from becoming the only “official” measurement.

4. Review Your Policy Declarations Page

Verify deductibles, endorsements, and special limits. Many Hollywood policies carry separate hurricane deductibles (2%–5% of Coverage A).

5. Invoke the Appraisal Clause When Appropriate

If the dispute is strictly about price, a two-appraiser + umpire process can resolve differences faster than litigation. Still, consult counsel before signing appraisal agreements.

6. File a DFS Complaint or CRN

Should the insurer stonewall, file a consumer complaint with DFS. For potential bad-faith, your attorney will draft a CRN, citing violations of Fla. Stat. § 624.155 and 626.9541.

7. Initiate Litigation Within the Statute of Limitations

Suit is filed in Broward County Circuit Court for claims exceeding $50,000, or in County Court for lesser amounts. Follow Fla. R. Civ. P. 1.110 for pleading requirements.

When to Seek Legal Help in Florida

Indicators You Need an Attorney

• Insurer blames “pre-existing damage” without engineering support.

• You receive a “reservation of rights” letter.

• The adjuster offers less than your deductible.

• Complex losses: mold, business-interruption for Hollywood storefronts, or condominium master-policy disputes.

Choosing the Right Counsel

Look for firms focusing exclusively on property insurance litigation, with offices in Broward County. Verify no prior Bar discipline and confirm contingency-fee structure—standard in denial cases.

Cost Concerns

Because Fla. Stat. § 627.428 shifts fees to the insurer when you win, reputable attorneys often advance costs. In most settled cases, homeowners keep 100% of their repair funds, and counsel is paid separately by the carrier.

Local Resources & Next Steps

Government & Non-Profit Assistance

• City of Hollywood Building Division: Permit records help prove the age of your roof or electrical upgrades—useful in claim rebuttals.

• Broward County Property Appraiser (BCPA): Download aerial photos and taxable value history to corroborate property condition.

• Legal Aid Service of Broward County: Offers limited free consultations for low-income homeowners challenging denials.

Additional Authoritative Reading

Florida Statute § 627.70131 – Insurer Payment of Claims Florida Department of Business & Professional Regulation License Search

Your Action Plan

1. Re-read the denial letter line-by-line.
2. Photograph everything.
3. Schedule a consultation with a qualified florida attorney—deadlines are ticking.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and the application of law varies based on specific facts. Always consult a licensed Florida attorney regarding your unique situation.

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