Insurance Law Lawyer: Hollywood, Florida Property Insurance

Introduction: Why Hollywood, Florida Homeowners Need This Guide

From classic beach cottages east of Ocean Drive to newer developments west of I-95, the housing stock in Hollywood, Florida exposes residents to unique property insurance challenges. Situated between Miami and Fort Lauderdale, Hollywood sees a high volume of windstorm, flood, and water-damage claims after tropical systems come off the Atlantic or sweep up the Gulf Stream. Unfortunately, many families learn the hard way that a property insurance claim denial hollywood florida is not unusual. This guide—written from a policyholder-friendly perspective—walks Hollywood homeowners through their rights under Florida law, the most common insurer defenses, and the exact steps to protect a claim after a loss.

Every statute, rule, and court decision cited here applies statewide but is explained with Hollywood’s local realities—such as Broward County permitting requirements, neighborhood elevation issues, and local mediation options—in mind. Whether your claim involves hurricane roof damage in Hollywood Lakes or pipe bursts in Emerald Hills, the information below will help you level the playing field with your carrier.

Understanding Your Property Insurance Rights in Florida

1. Florida Homeowner Claims Bill of Rights (Fla. Stat. §627.7142)

Florida’s legislature adopted a Homeowner Claims Bill of Rights to ensure insurers treat policyholders fairly. Key protections include:

• 14-Day Acknowledgment: Your insurer must acknowledge receipt of your claim in writing within 14 days.

• 30-Day Status Update: If you request information in writing, the carrier must respond within 30 days.

• 90-Day Decision Rule: Under Fla. Stat. §627.70131, companies generally have 90 days after notice to pay or deny a claim.

• Mediation Option: You may request free state-sponsored mediation through the Department of Financial Services (DFS) before filing suit (Fla. Stat. §627.7015).

2. Statute of Limitations

Florida’s statute of limitations for contractual property damage suits is five years from the date of breach (Fla. Stat. §95.11(2)(e)). The clock typically starts when the insurer denies or underpays the claim, not on the date of loss. After the 2023 legislative changes, hurricane and windstorm claims must still be reported to your carrier within one year of the date of loss (Fla. Stat. §627.70132). Missing that deadline can bar recovery.

3. Right to Choose Your Own Contractor

With limited exceptions (e.g., managed repair endorsements you agreed to), Florida law allows homeowners to select licensed contractors for repairs. Insurers cannot force “preferred vendors” unless the policy expressly gives them that right and the contractor holds proper licensing under Fla. Stat. ch. 489.

4. Prompt, Fair, and Honest Treatment

Fla. Stat. §624.155 permits policyholders to pursue a “bad-faith” action if an insurer fails to settle claims in good faith once liability is clear. A civil remedy notice must be filed with the DFS first, giving the insurer 60 days to cure.

Common Reasons Property Insurance Companies Deny Claims in Florida

Knowing why claims are denied helps you gather the right evidence from day one. Below are the defenses adjusters use most often in South Florida.

Wear and Tear Exclusions Insurers often argue a leaking roof was caused by age-related deterioration rather than a windstorm. Florida courts require carriers to prove an exclusion applies, but homeowners must document storm damage promptly. Late Notice If a Hollywood homeowner waits months to report water damage, the carrier may state it was “prejudiced” and deny. The Florida Supreme Court in Castro v. Homeowners Choice, 271 So.3d 254 (Fla. 3d DCA 2019), held insurers must still show actual prejudice, but reporting quickly remains critical. Material Misrepresentation Misstating the date of loss or scope of damage can void coverage under Fla. Stat. §627.409. Always double-check forms before signing. Failure to Mitigate Policies require reasonable steps to prevent further damage—such as tarping a roof or shutting off water. Keep receipts and photos to prove mitigation efforts. Flood vs. Wind Causation Hollywood’s coastal zones create overlap between FEMA flood policies and private windstorm coverage. Insurers sometimes deny by blaming floodwater excluded under a standard HO-3. Expert causation reports can rebut this defense.

Florida Legal Protections & Insurance Regulations

1. Claims Handling Deadlines (Fla. Stat. §627.70131)

Beyond the 90-day pay-or-deny rule, insurers must:

• Begin investigating within 14 days of notice.

• Provide a reasonable explanation in writing when denying or partially paying.

• Pay undisputed amounts within 90 days to avoid accruing interest.

2. DFS Mediation Program

The Florida Department of Financial Services offers free, non-binding mediation. Either party may request it after a claim is denied or when settlement stalls. Most sessions are conducted virtually for Broward County residents, but in-person options are available in Plantation.

3. Appraisal Clause

Many policies include an appraisal process where each side hires an appraiser, and a neutral umpire sets the loss amount. Once invoked, litigation pauses. Hollywood homeowners should review policy language because some carriers now limit appraisal rights.

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

If an insurer unreasonably denies or delays payment, a policyholder may file a Civil Remedy Notice (CRN). Successful bad-faith actions can include extra-contractual damages such as lost rent from Hollywood vacation properties.

5. Attorney Licensing & Fee Shifts

Any lawyer giving advice on Florida insurance claims must be licensed by The Florida Bar under Chapter 4 Rules Regulating the Florida Bar. While the historic “one-way attorney fee” statute (§627.428) was repealed in 2022, limited fee-shift provisions remain (e.g., Fla. Stat. §57.105 for sanctions, §86.121 for declaratory actions). Ask your florida attorney to explain current fee recovery options before signing a contingency agreement.

Steps to Take After a Property Insurance Claim Denial in Florida

Request the Denial Letter in Writing Under Fla. Admin. Code 69O-166.024, insurers must cite specific policy provisions relied on. If the letter lacks detail, demand clarification. Gather and Preserve Evidence Photograph all damage areas, keep damaged materials, and obtain repair invoices. For water claims, secure a plumber’s leak detection report common in older Hollywood homes built before 1970. Review Your Policy Declarations and Endorsements Pay special attention to hurricane deductibles and any managed-repair requirements. These endorsements can change your next steps. Contact the Florida DFS Consumer Helpline Call 1-877-MY-FL-CFO or file an online complaint. DFS investigators can pressure insurers to re-open claims and often attend mediations. Exercise the Mediation or Appraisal Option If more than $500 is in dispute, you qualify for DFS mediation (Fla. Stat. §627.7015). For disputes strictly about amount—not coverage—appraisal may be faster. Send a Proof of Loss (If Requested) Insurers can require a sworn proof within 60 days. Provide it timely; courts have dismissed suits where proofs were late (State Farm v. Lime Bay Condo, 187 So.3d 932, Fla. 4th DCA 2016). Consult a Licensed Florida Insurance Lawyer An experienced advocate can evaluate bad-faith exposure, calculate damages, and file suit in Broward County Circuit Court.

When to Seek Legal Help in Florida

While many Hollywood homeowners start the process alone, there are red flags that signal it’s time to bring in counsel:

• Denied claims exceeding $10,000 or involving structural damage.

• Carrier refuses to schedule DFS mediation or declines appraisal.

• Evidence of insurer misconduct, such as ignoring engineer reports.

• Multiple supplemental claims filed without resolution.

A florida insurance law attorney can draft the Civil Remedy Notice, negotiate with defense counsel, and—if needed—file suit under the five-year limitations period. Because Hollywood falls within the 17th Judicial Circuit (Broward), local counsel will understand judge-specific procedures and jury pools.

Local Resources & Next Steps

Key Hollywood & Broward Contacts

• Broward County Property Appraiser: Useful for obtaining GIS photos and permit history.

• City of Hollywood Building Division: 2600 Hollywood Blvd.; get copies of inspection records to prove code upgrades.

• Broward County Emergency Management: Publishes flood-zone maps relevant for wind vs. flood disputes.

DFS Consumer Services: Online chat and form submissions at DFS Consumer Portal. Florida Supreme Court Mediation Resources: Statewide ADR Information.

Checklist for Hollywood Homeowners

• Create a digital folder with photos, invoices, and correspondence.

• Mark claim-handling deadlines (14, 30, and 90 days) on your calendar.

• Schedule a licensed contractor inspection; get a written causation opinion.

• Request DFS mediation if no payment within 90 days.

• Talk to a licensed Florida attorney before the five-year statute expires.

This proactive approach preserves evidence, maximizes leverage, and shortens the road to full indemnity.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. You should consult a licensed Florida attorney regarding your specific facts.

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