Insurance Law Lawyer Guide: Property Insurance in Hollywood, FL

Introduction: Why Hollywood, Florida Homeowners Need This Guide

From sun-soaked beach condos on South Ocean Drive to single-family houses in Emerald Hills, Hollywood, Florida offers a diverse and vibrant housing market. Yet the same coastal charm that attracts residents also increases exposure to hurricanes, tropical storms, and sudden flooding. According to the Florida Office of Insurance Regulation, Broward County—home to Hollywood—recorded thousands of property insurance claims after Hurricane Irma and subsequent storms. If you filed a claim only to receive a denial or partial underpayment, you are not alone. This location-specific legal guide was created to help Hollywood homeowners navigate the complexities of Florida property insurance law with a slight, pro-policyholder bias. By the end, you will know your statutory rights, common insurer tactics, and clear next steps to protect your most valuable asset—your home.

Understanding Your Property Insurance Rights in Florida

Key Statutes That Protect Policyholders

Florida has enacted robust consumer protections to balance the powerful resources of insurance carriers. The most crucial provisions include:

• Florida Statutes § 627.70131 – Requires insurers to acknowledge and begin investigating a claim within 14 days of receiving notice, and to pay or deny covered claims within 90 days, absent factors beyond their control.

• Florida Statutes § 624.155 – Creates a civil remedy for first-party bad faith, allowing policyholders to hold insurers accountable for unreasonable delays, lowball offers, or unfair denials.

• Florida Statutes § 95.11(2)(e) – Establishes a five-year statute of limitations for filing a breach-of-contract lawsuit on a property insurance policy, running from the date of loss.

• Florida Statutes § 627.70132 – Requires notice of hurricane or windstorm damage to be given within one year of the storm’s first landfall. This is critical for Hollywood residents affected by Atlantic hurricanes.

Beyond the statutes, the Florida Department of Financial Services (DFS) regulates insurers and maintains the Division of Consumer Services, which can open inquiries against carriers that fail to comply with state law. Homeowners can also request mediation through DFS for certain disputed claims under § 627.7015.

Policyholder Bill of Rights

Adopted in 2014, the Homeowner Claims Bill of Rights must be provided to you within 14 days after notifying your insurer of a claim. It reiterates your entitlement to:

• Prompt acknowledgment of the claim.

• Reasonable explanations of coverage decisions.

• Fair and honest treatment.

• Free mediation through DFS in many cases.

Knowing these rights empowers Hollywood homeowners to push back when insurance companies try to limit payouts.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rely on recurring strategies to minimize claim payouts. While some denials are valid, many stem from broad or ambiguous policy language. Typical rationales include:

• Late Notice – Carriers may assert you failed to report damage within the policy’s deadline or the § 627.70132 hurricane notice period.

• Wear and Tear Exclusions – Insurers frequently classify hurricane-related roof leaks as “age-related deterioration.” Florida case law (e.g., Citizens Prop. Ins. Corp. v. Kings Creek S. Condo, Inc., 2018) indicates that disputes often turn on expert testimony about causation.

• Water Damage Exclusions – Many policies differentiate between “flood” (excluded unless you purchased separate NFIP coverage) and “wind-driven rain” (typically covered). Mislabeling can lead to improper denial.

• Pre-Existing Damage – Insurers may point to prior photographs, inspection reports, or permit records to argue that the loss predates the policy period.

• Misrepresentation – An alleged false statement on your application or proof-of-loss form can trigger a denial. Florida Statutes § 627.409 requires materiality; minor mistakes generally do not justify cancellation or denial.

If your claim is denied for any of the above reasons, request the carrier’s full investigative file. Florida law (§ 627.70131) obligates the insurer to provide a written explanation of why benefits were withheld.

Florida Legal Protections & Insurance Regulations

The Role of the Florida Department of Financial Services

The DFS Division of Consumer Services offers significant leverage to policyholders. You can file a consumer complaint online, prompting the agency to require a formal written response from your insurer within 20 days. Although DFS cannot award damages, its oversight often pushes carriers to reevaluate questionable denials.

Appraisal and Mediation Options

Many homeowner policies contain an appraisal provision, a form of alternative dispute resolution where each party selects an appraiser, and the two appraisers pick an umpire. The panel sets the amount of loss but not coverage. Florida courts enforce appraisal clauses, provided they are invoked timely. Additionally, under § 627.7015, residential property claims may qualify for state-sponsored mediation, which is non-binding but can accelerate settlements.

Civil Remedy Notice and Bad Faith

If an insurer unreasonably delays or underpays, a policyholder must first submit a Civil Remedy Notice (CRN) through DFS, citing the specific statutory violations. The carrier then has 60 days to cure the alleged bad faith. Failure to cure may expose the company to damages exceeding policy limits plus attorney fees. This statutory framework incentivizes fair dealing.

Attorney Fees and the One-Way Fee Statute

Historically, § 627.428 allowed prevailing policyholders to recover attorney fees from insurers. Amendments in 2022 shifted some rules, but courts continue to award fees where insurers wrongly deny benefits after litigation. This makes hiring a Florida attorney economically viable, even for modest claims.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully Note every policy provision cited. Florida law requires “specific reasons” for denial. Gather Evidence Secure photos, videos, contractor estimates, repair receipts, and weather reports for Hollywood on the date of loss. The National Weather Service keeps hourly wind and rainfall data that can counter an insurer’s causation defense. Request the Claim File Under § 626.9541(1)(i)3.c., you may request copies of any adjuster reports, engineer opinions, or internal correspondence used to deny your claim. Consult Independent Experts Consider hiring a licensed Florida public adjuster or structural engineer. Their independent assessment can rebut the insurer’s findings. Invoke Appraisal or Mediation (If Applicable) Follow policy procedures promptly, as delays may waive your right to appraisal. File a DFS Consumer Complaint This no-cost step often prompts insurers to engage more seriously. Send a Civil Remedy Notice When bad faith is suspected, a CRN preserves your right to extra-contractual damages. Litigate Within Five Years If negotiations fail, you must file suit within the statute of limitations in § 95.11(2)(e).

When to Seek Legal Help in Florida

While some disputes resolve through appraisal or mediation, complex denials often require counsel. Hire an insurance law lawyer licensed by the Florida Bar when:

• The amount in controversy exceeds the deductible by a substantial margin.

• The insurer alleges fraud or material misrepresentation.

• Structural damage involves building code upgrades (Ordinance or Law coverage) unique to Broward County’s stringent code requirements.

• You receive a “reservation of rights” letter or partial payment without explanation.

• More than 90 days have passed without a coverage decision, violating § 627.70131.

Florida attorneys must be in good standing with the Florida Bar under Rule 1-3.1. You can verify a lawyer’s license history on the Bar’s public website. Most reputable firms, such as Louis Law Group, handle property claim cases on a contingency fee basis, meaning no upfront cost to you.

Local Resources & Next Steps

Hollywood-Based Support

• Hollywood Building Department – Obtain permitting and inspection records that may prove your home met code prior to the loss.

• Broward County Property Appraiser – Access historical photographs and property data for evidentiary support.

• South Florida Chapter of the International Association of Certified Home Inspectors (InterNACHI) – Locate qualified inspectors experienced with hurricane damage.

Statewide Agencies

Florida Department of Financial Services Consumer Services Florida Statute § 627.70132 – Hurricane Notice Requirements Florida Administrative Code Chapter 69J-166 – Mediation of Property Insurance Claims

Checklist for Hollywood Homeowners

• Mark the date of loss and statute of limitations deadline on your calendar.

• Photograph every affected room and exterior surface.

• Store all correspondence in a single, cloud-based folder.

• Track expenses for temporary housing or repairs—these may be reimbursable under Additional Living Expense (ALE) coverage.

• Consult a Florida attorney before signing any release or proof-of-loss form.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change, and individual circumstances vary. Consult a licensed Florida attorney regarding 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.