Insurance Attorney Property Insurance Guide – Hollywood, FL

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Set between Fort Lauderdale and Miami, Hollywood, Florida offers beautiful beaches, historic neighborhoods, and an active hurricane risk. Broward County’s dense population and coastal location mean homeowners carry property insurance not only for peace of mind but also to comply with mortgage requirements. Yet every year policyholders in Hollywood see water, wind, fire, or theft claims underpaid, delayed, or flatly denied. When that happens, you need clear, Florida-specific information—not generic advice written for other states. This comprehensive guide was created for Hollywood homeowners who want to understand their rights under Florida insurance law, navigate the claim process, and know when to call a Florida attorney to fight back. Written with a bias toward protecting policyholders, every fact in this article is sourced from the Florida Statutes, Florida Department of Financial Services (DFS) publications, or binding Florida court opinions.

Whether your home near the Broadwalk sustained roof damage from a tropical storm, or your Hollywood Hills property now has mold from an AC leak, the steps you take after a property insurance claim denial Hollywood Florida can dramatically affect the outcome. Use this guide to move quickly, preserve evidence, and hold insurers accountable to the duties they owe you under Florida law.

1. Understanding Your Property Insurance Rights in Florida

1.1 The Florida Homeowners’ Claim Bill of Rights

Section 627.7142, Florida Statutes, requires every residential insurer to give policyholders the Homeowners’ Claim Bill of Rights within 14 days after a claim is filed. Key protections include:

• The right to receive acknowledgment of your claim within 14 days.

The right to receive in writing the full decision (pay, deny, or partial) within 90 days (Fla. Stat. §627.70131). The right to participate in a free DFS mediation program if you disagree with the insurer’s offer (Florida DFS Mediation Program).

1.2 Statute of Limitations for Property Insurance Lawsuits

After SB 76 (2021) and SB 2-A (2022), Florida tightened the time to sue:

• New, reopened, or supplemental claims: Two years from the date of loss (Fla. Stat. §627.70132).

• Breaches of property insurance contracts: One year after the insurer completes the initial claims decision.

Missing these deadlines can bar you from ever recovering. Mark them on your calendar as soon as damage occurs.

1.3 Prompt Notice & Your Duties After Loss

All policies require “prompt” notice. Florida case law—American Integrity v. Estrada, 276 So.3d 905 (Fla. 3d DCA 2019)—shows courts dismiss suits when notice is months late. Protect yourself by:

• Reporting to your carrier immediately.

• Documenting damage with photos/video.

• Taking reasonable steps to prevent further damage (roof tarps, shut-off water, etc.). Keep receipts.

Following these steps preserves your claim and weakens typical insurer arguments of “late notice” or “failure to mitigate.”

2. Common Reasons Property Insurance Companies Deny Claims in Florida

2.1 “Wear and Tear” or Maintenance Exclusions

Florida policies generally exclude losses due to ordinary deterioration. Insurers frequently blame roof leaks on age rather than wind uplift. A licensed public adjuster or engineer can help distinguish sudden storm damage from long-term wear.

2.2 Late Notice

As noted, insurers invoke late notice under Estrada and Fla. Stat. §627.70132. Yet if you have a reasonable explanation—such as discovering hidden moisture months later—Florida courts require the insurer to show prejudice from the delay (Bankers Ins. v. Macias, 475 So.2d 1216).

2.3 Alleged Material Misrepresentation

Carriers sometimes void policies alleging you exaggerated square footage or concealed prior damage. Under Fla. Stat. §627.409, rescission requires showing the misstatement was material and affected risk acceptance. A skilled Florida attorney can rebut these accusations.

2.4 Water Damage & Mold Caps

Many Hollywood homes have cast-iron plumbing prone to failure. Policies now impose $10,000 caps unless you purchased water endorsement HO-046. Insurers may misapply caps to losses originating from hurricanes or sudden pipe bursts. Review endorsements closely.

2.5 Managed Repair Programs

Some insurers force you into their contractor network and later deem repairs “cosmetic,” refusing payment. Florida’s Office of Insurance Regulation (OIR) warns that you may opt out by paying a premium surcharge. Knowing this in advance helps avoid future denials.

3. Florida Legal Protections & Insurance Regulations

3.1 Civil Remedy Notice & Bad-Faith Statute

Under Fla. Stat. §624.155, policyholders may file a Civil Remedy Notice (CRN) with DFS if the carrier fails to settle claims in good faith. The insurer gets 60 days to cure. If it doesn’t, you may sue for extra-contractual damages, including attorney fees (DFS CRN Portal).

3.2 Fee-Shifting for Policyholders

Florida once allowed one-way attorney fees. SB 2-A (2022), effective 1/1/2023, repealed one-way fees for new policies but preserved prevailing-party fee statutes for older contracts and surplus lines. Ask counsel to examine your policy inception date.

3.3 Assignment of Benefits (AOB) Reform

Fla. Stat. §627.7152 now requires AOB contracts to have a 14-day rescission period and limits overhead & profit. For Hollywood homeowners, directly hiring counsel rather than signing broad AOBs often preserves greater control over the claim.

3.4 Licensing Rules for Florida Attorneys & Adjusters

Only Florida-licensed attorneys in good standing with The Florida Bar may sue insurers in state courts (The Florida Bar). Public adjusters must hold a 3-20 license issued by DFS; you can verify at DFS Licensee Search.

• Unauthorized practice of law (UPL) is a third-degree felony.

4. Steps to Take After a Property Insurance Claim Denial in Florida

Step 1 – Read the Denial Letter Carefully

Florida law (Rule 69O-166.024, F.A.C.) requires “specific, detailed” reasons. Identify the policy language cited. Lack of specificity can itself violate DFS regulations.

Step 2 – Request the Claim File & Expert Reports

Fla. Stat. §626.9541(1)(i) makes it an unfair claim practice to withhold material documents. Send a written demand via certified mail.

Step 3 – Preserve Evidence

Keep damaged material, take 4K video, and store photos in cloud. In People’s Trust v. Tracey, 346 So.3d 661 (Fla. 4th DCA 2022), spoliation cost the insured thousands.

Step 4 – Consider Mediation or Appraisal

DFS offers free mediation for disputes under $500,000. If your policy includes an appraisal clause, demand in writing. Appraisal awards are binding absent fraud (State Farm v. Johnson, 114 So.3d 1031).

Step 5 – Retain Professional Help

A licensed public adjuster can create an Xactimate estimate; a forensic engineer can rule out “wear and tear.” Their reports often push insurers to settle before litigation.

5. When to Seek Legal Help in Florida

5.1 Signs You Need an Attorney

• Claim denied based on complex policy exclusions (earth movement, anti-concurrent causation).

• Insurer demands Examination Under Oath (EUO) with extensive document requests.

• Carrier invokes fraud or misrepresentation.

• Repair cost exceeds $50,000 or water caps were misapplied.

5.2 How Florida Attorneys Are Paid After SB 2-A

Most property insurance lawyers still offer contingency fees (15–33%). Even without one-way fees, insurers often pay as part of settlement. Ask for a detailed fee contract per Rule 4-1.5, Rules Regulating The Florida Bar.

5.3 Litigation Timeline in Broward County

The Seventeenth Judicial Circuit (Broward) requires residential property suits to enter the Complex Business & Tort Division if damages exceed $50,000. Average resolution: 9–14 months, but many cases settle at court-ordered mediation within six.

6. Local Resources & Next Steps

6.1 Hollywood-Area Agencies & Contacts

• Broward County Emergency Management – Sandbag distribution & disaster recovery grants.

• City of Hollywood Building Department – Permit records useful to counter “unpermitted work” denials.

• South Florida Better Business Bureau – Check contractor complaints before signing repair contracts.

6.2 Checklist for Hollywood Homeowners

• Store policy PDFs in a waterproof/fireproof safe.

• Photograph your home annually; date-stamp photos to document pre-loss condition.

• After any storm, inspect roof shingles and interior ceilings within 72 hours.

• Report damage to your insurer and keep all claim numbers in one folder.

• Call a Florida attorney promptly if the insurer: (a) misclassifies hurricane damage, (b) underpays by 25% or more, (c) issues a reservation of rights.

6.3 Stay Informed

Bookmark the Florida Department of Financial Services Consumer Portal for bulletins on new statutes affecting claims. Follow recent Florida Supreme Court decisions, such as Ark Royal v. Hernandez, which clarified AOB notice requirements. Legal Disclaimer: This guide is for informational purposes only, does not create an attorney-client relationship, and should not be relied upon as legal advice. 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.