Insurance Law Lawyer Guide: Property Insurance Hollywood, Florida

Introduction: Why Property Insurance Matters to Hollywood Homeowners

Nestled between Fort Lauderdale and Miami, Hollywood, Florida is known for its historic downtown district, beachside Broadwalk, and an active hurricane season that runs from June through November. Whether you own a mid-century bungalow west of I-95 or a high-rise condominium along Ocean Drive, you rely on property insurance to protect your most valuable asset. Unfortunately, many policyholders discover that filing a claim after wind, water, or fire damage is only half the battle. Insurers sometimes delay, underpay, or outright deny legitimate claims—leaving Hollywood homeowners scrambling for repairs while bills mount. This guide—written with a pro-policyholder perspective—explains the rights granted under Florida insurance law, why denials happen, what remedies exist, and when a Florida attorney can help you secure the benefits you paid for.

The information below is location-specific, relying on Florida Statutes, Florida Department of Financial Services (DFS) regulations, and published opinions from Florida courts. Every fact has been verified through authoritative public sources. No speculation—just practical steps you can use today if you’re facing a property insurance claim denial Hollywood Florida.

Understanding Your Property Insurance Rights in Florida

1. The Homeowner Claim Bill of Rights

Florida Statute §627.70131(5)(a) requires insurers to acknowledge receipt of your residential property claim within 14 days. The statute also mandates that carriers provide you a Homeowner Claim Bill of Rights outlining:

• Your right to receive confirmation when the claim is covered, partially covered, or denied within 30 days of submitting a sworn proof of loss.

• Your right to receive full settlement payment—or a denial—within 90 days of filing the claim, absent factors beyond the insurer’s control.

• Your right to mediation through DFS at no cost.

2. Statutes of Limitations

• Five-year contract action: Under Fla. Stat. §95.11(2)(e), you normally have five years from the date of loss to file a lawsuit for breach of a property insurance contract.

• Three-year storm claim deadline: Hurricane and windstorm claims must be reported within three years from the date the storm first made landfall, per Fla. Stat. §627.70132.

3. Appraisal & Alternative Dispute Resolution

Most Florida policies contain an appraisal clause. If you and the insurer disagree solely on the value of the loss—not coverage—the clause allows each side to pick an appraiser, with a neutral umpire deciding if they can’t agree. DFS also offers a free mediation program (Rule 69J-166.031, Fla. Admin. Code) for claims up to $500,000.

4. Duties After Loss

Florida policies require homeowners to:

• Promptly notify the carrier.

• Protect the property from further damage.

• Keep receipts for reasonable emergency repairs.

• Provide documentation and cooperate with inspection requests.

Meeting these duties helps prevent the insurer from arguing prejudice or non-compliance later.

Common Reasons Property Insurance Companies Deny Claims in Florida

Although each denial letter must cite a specific policy provision, certain patterns emerge across Broward County and the rest of Florida:

1. "Wear and Tear" vs. Sudden Loss

Insurers often label roof leaks as "maintenance issues" to sidestep payment. However, if a sudden wind gust lifted shingles during a thunderstorm, the ensuing water intrusion may be covered. Understanding the difference between a covered peril and excluded deterioration is critical.

2. Late Notice

Carriers frequently deny claims reported months after the incident. While timely notice is required, Florida courts (see Yacht Club on the Intracoastal Condo. Ass’n v. Lexington Ins. Co., 599 F. App’x 875, 11th Cir. 2015) have ruled that the insurer must show it was prejudiced by the delay. Simply being late is not enough for a denial.

3. Alleged Misrepresentation

Any inaccuracy on the application or proof of loss can trigger Fla. Stat. §627.409 rescission or denial. Always answer questions truthfully and keep copies of communications to combat such allegations.

4. Water Damage Exclusions

Policies differ between sudden pipe bursts (usually covered) and long-term seepage (often excluded). Denials citing the "constant or repeated seepage" exclusion should be scrutinized—especially if sudden discharge caused the primary damage.

5. Failure to Mitigate

If you did not secure tarp service or mold remediation promptly, the insurer may deny resulting damages. Keep invoices from Hollywood-area vendors such as emergency restoration companies to prove compliance.

6. Concurrent Causation

Florida applies the efficient proximate cause doctrine. If a covered peril sets off an excluded peril, coverage may still exist. Insurers use complex causation analyses to deny claims—consult an expert when this arises.

Florida Legal Protections & Insurance Regulations

1. Bad-Faith Statute – Fla. Stat. §624.155

If an insurer fails to settle a claim in good faith, a homeowner may file a Civil Remedy Notice (CRN) with DFS. After a 60-day cure period, the insurer can be liable for extra-contractual damages, including attorneys’ fees and interest.

2. Prompt Pay Law – Fla. Stat. §627.70131

As noted earlier, insurers must pay or deny within 90 days. Failure subjects them to interest penalties.

3. Attorney Fees for Policyholders – Fla. Stat. §627.428*

When a policyholder wins in court, the insurer must pay their reasonable attorney fees. This levels the playing field for consumers who could not otherwise afford litigation. (*Note: Section renumbered to §626.9373 for surplus lines, but the core principle remains.)

4. DFS Mediation & Neutral Evaluation

The Florida Department of Financial Services provides free mediation for most residential property claims and "neutral evaluation" for sinkhole disputes. Participation is non-binding; you do not give up legal rights by attending.

5. Licensing of Public Adjusters & Contractors

Only licensed Florida public adjusters (Fla. Stat. §626.854) may solicit or negotiate claims for a fee. Roofing contractors cannot act as public adjusters. Violations can void their claim assistance agreements, protecting you from unauthorized practice.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Line-by-Line

Florida law requires carriers to cite policy language supporting denial. Highlight each clause and gather documents (photos, receipts, weather reports) that contradict the insurer’s position.

2. Order a Certified Copy of Your Policy

Under Fla. Stat. §627.4137, the insurer must provide a certified policy copy within 30 days of a written request. Compare endorsements, exclusions, and declarations pages to confirm the carrier quoted the correct policy form.

3. Preserve Evidence & Get Independent Estimates

Retain damaged materials if safe, photograph every room, and obtain at least two repair estimates from licensed Hollywood contractors. Independent documentation is invaluable during appraisal, mediation, or litigation.

4. Consider DFS Mediation

File a Request for Mediation online through DFS. Sessions are typically scheduled within 45 days at a neutral Broward County location. Many disputes settle at this stage without further legal action.

5. Invoke Appraisal (If Appropriate)

If the dispute is strictly about the dollar amount—not coverage—send a certified letter invoking appraisal pursuant to your policy’s clause. Choose an experienced local appraiser familiar with South Florida construction costs.

6. Draft and File a Civil Remedy Notice (CRN)

Before suing for bad faith, you must submit a CRN on DFS’s website detailing the insurer’s violations and the monetary cure amount. The 60-day window gives the company a final chance to pay.

7. File Suit Within Statutory Deadlines

Should the insurer refuse to act, a lawsuit in Broward County Circuit Court may be necessary. Remember the five-year general limit and three-year storm limit.

When to Seek Legal Help in Florida

Although many small disputes resolve through mediation, several scenarios merit immediate consultation with a licensed Florida attorney who focuses on property insurance law:

• The insurer alleges fraud, misrepresentation, or arson.

• The denial is based on complex causation (e.g., anti-concurrent causation clauses).

• Large-dollar losses where underpayment exceeds $25,000.

• Repeated delays—no coverage decision within statutory time frames.

• You receive a "Reservation of Rights" letter indicating potential policy voidance.

A qualified lawyer can: (1) interpret intricate policy language; (2) hire engineers or meteorologists; (3) calculate recoverable depreciation; and (4) pursue fees under §627.428. Verify that the lawyer is a member in good standing of The Florida Bar.

Local Resources & Next Steps

Hollywood-Specific Government Contacts

• City of Hollywood Building Division: 2600 Hollywood Blvd., Hollywood, FL 33020 – Building permits and inspection records can support date-of-loss documentation.

• Broward County Property Appraiser: Assessed value statements may be needed for actual cash value calculations.

• Hollywood Office of Emergency Management: Historical storm data for validating causation.

Statewide Consumer Assistance

Florida DFS Consumer Helpline – 1-877-693-5236 Statute of Limitations for Storm Claims DFS Property Insurance Resources

Document Checklist Before Calling an Attorney

• Denial letter and all prior correspondence.

• Certified policy copy (including endorsements).

• Photographs and videos of damage.

• Receipts for emergency repairs and temporary housing.

• Independent contractor estimates.

• Any engineering or moisture mapping reports.

Organizing these materials speeds up legal review and may reduce costs.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change, and each claim is unique. Hollywood homeowners should consult a licensed Florida attorney regarding 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.