Insurance Lawyer: Property Insurance Hollywood, Florida

Introduction: Why Claim Denials Matter to Hollywood Homeowners

Hollywood, Florida is known for its beautiful beaches, eclectic downtown, and historic Hollywood Beach Broadwalk. Yet, like the rest of South Florida, Hollywood sits in a zone vulnerable to hurricanes, tropical storms, flooding, and sudden wind events. Because of this ever-present risk, nearly every Hollywood homeowner carries property insurance to protect their house, roof, and personal belongings. Unfortunately, many policyholders first discover the fine print of their policy only after they receive a notice of property insurance claim denial hollywood florida. If you are reading this guide, you may already be facing that unsettling moment. The goal of this comprehensive legal guide is to empower Hollywood homeowners with Florida-specific information, procedural timelines, and strategic steps—all written with a slight bias toward protecting policyholders.

We rely exclusively on authoritative sources such as the Florida Statutes, published opinions from Florida courts, and guidance from the Florida Department of Financial Services (DFS). Every fact is grounded in verifiable law or regulation; if a proposition could not be confirmed, it was omitted. Whether you suffered wind damage in Emerald Hills, water intrusion in Hollywood Lakes, or fire loss in Boulevard Heights, the principles below apply across Broward County and the entire Sunshine State.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract

Your homeowner’s insurance policy is a legally binding contract between you and your insurer. Under Florida contract law, both parties owe duties of performance and good faith. If your insurer unreasonably delays, undervalues, or denies your claim, you may sue for breach, bad faith, or both, provided you comply with statutory prerequisites.

2. Time Limits You Cannot Ignore

Notice of Claim. Florida Statute §627.70132 (amended 2022) requires policyholders to give written notice of a new property insurance claim within one year from the date of loss and notice of a supplemental claim within 18 months. Florida Statute §627.70132 Contract Suit Deadline. An action for breach of a written insurance contract must generally be filed within five years under Florida Statute §95.11(2)(e). Florida Statute §95.11

• Bad-Faith Action. Before filing suit for insurer bad faith under §624.155, you must serve a Civil Remedy Notice and wait 60 days for the insurer to cure.

3. The Right to a Prompt and Fair Investigation

Florida Administrative Code Rule 69O-166.024 requires insurers to acknowledge receipt of a claim within 14 calendar days and begin investigating promptly. While the rule does not create an independent cause of action, it can support allegations of unfair claim settlement practices.

4. The Right to Receive a Copy of Your Policy

Section 627.4137 mandates that insurers provide a certified copy of the policy within 30 days after receiving a written request. Request it early; review it carefully. Knowledge of policy language—limitations, exclusions, endorsements—strengthens your negotiation leverage.

5. The Right to Hire a Florida Attorney

Only an attorney licensed by The Florida Bar may represent you in court. Florida attorneys must be in good standing, comply with mandatory continuing legal education, and adhere to Rules Regulating the Florida Bar, including Rule 4-1.8(e) on client advances and Rule 4-1.5 on fees.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers use a variety of rationales to deny or underpay claims. Understanding them allows hollywood homeowners to build proactive counter-arguments.

• Late Notice of Loss. If you report the event outside the one-year window set by §627.70132, the insurer may assert prejudice. Yet, Florida case law (e.g., Bankers Ins. Co. v. Macias, 475 So.2d 1216, Fla. 1985) places the burden on the insurer to show actual prejudice.

• Wear and Tear / Maintenance Exclusion. Policies usually exclude losses caused by gradual deterioration. Distinguish sudden wind-created openings (covered) from long-term roof rot (often excluded).

• Water Damage Exclusions. Many policies exclude ground water or flooding (covered under separate NFIP flood policies). If your Hollywood Lakes home floods due to a king tide, your homeowner’s carrier will likely deny.

• Pre-Existing Damage. The insurer may allege the damage preceded coverage inception. Photographic evidence and inspection reports can rebut this.

• Fraud or Misrepresentation. Intentional misstatements can void coverage. Always provide accurate inventories and receipts.

• Failure to Mitigate. Section 627.70131 expects policyholders to take reasonable steps—like tarping a roof—to prevent further damage. Keep receipts; the policy often reimburses these expenses.

Florida Legal Protections & Insurance Regulations

1. The Homeowner Claims Bill of Rights

Created by §627.417 (2014), this notice must be provided within 14 days of filing a claim for residential property insurance. Highlights include:

• Confirmation the insurer will review and acknowledge your claim within 14 days.

• A 90-day deadline for the insurer to pay or deny, or else provide a written explanation.

• Your right to mediation under §627.7015.

2. DFS Mediation Program

The Florida Department of Financial Services – Consumer Services offers a no-cost mediation program. Either party may request mediation after the insurer issues a denial or offers less than the amount claimed. The mediator facilitates settlement; participation does not waive the right to sue.

3. Neutral Evaluation for Sinkhole Claims

While rare in coastal Broward County, sinkhole claims must follow §627.7074 neutral evaluation before litigation. The evaluator’s opinion is non-binding but admissible.

4. Assignment of Benefits (AOB) Reform

AOB contracts allow contractors to step into the shoes of the insured. 2019’s HB 7065 added §627.7152, limiting AOBs, capping attorney fees, and granting insurers inspection rights. Review any AOB carefully; you may waive rights unintentionally.

5. Statutory Bad Faith

Under §624.155, if an insurer fails to settle when it could and should have done so had it acted fairly and honestly, it may be liable for extra-contractual damages. A timely Civil Remedy Notice (CRN) is a prerequisite.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Analyze the Denial Letter

The denial must cite specific policy provisions. Compare those provisions to the facts of your loss. Is the cited exclusion ambiguous? Florida follows the doctrine of contra proferentem—ambiguities are construed against the drafter (the insurer).

2. Gather and Preserve Evidence

• Photographs and videos of damage (time-stamped).

• Receipts for temporary repairs (tarp, water extraction, boarding).

• Pre-loss photos, inspection reports, or appraisal documents.

• Correspondence logs: dates, times, and names of insurer representatives.

3. Request a Certified Policy Copy

Send a written request pursuant to §627.4137. Having the full policy—including endorsements—is critical for coverage analysis.

4. Consider an Independent Adjuster or Engineer

Florida-licensed public adjusters (regulated under §626.854) can produce an independent estimate. Similarly, hiring a structural engineer can help rebut causation arguments, especially in wind vs. wear-and-tear disputes.

5. Invoke DFS Mediation

Submit a mediation request form to DFS within 90 days of the insurer’s decision. Many insurers prefer to avoid litigation costs and may compromise during mediation.

6. Send a Pre-Suit Notice (SB 76 Requirement)

As of 2021, §627.70152 requires a 60-day pre-suit notice before filing any residential property suit. The notice must specify the amount in dispute and include an estimate.

7. File Suit, If Necessary

If the insurer does not reverse its position, litigation in Broward County Circuit Court (17th Judicial Circuit) may be the next step. Remember the five-year statute of limitations for contract claims.

When to Seek Legal Help in Florida

Insurance disputes can shift quickly from simple to complex. You should strongly consider hiring a florida attorney if:

• The denial relies on multiple exclusions or alleges fraud.

• The insurer’s settlement offer is far below repair estimates.

• Your claim involves roof replacement, mold remediation, or extensive interior build-back.

• You have already invoked DFS mediation without success.

• The damage occurred during a declared emergency (e.g., Hurricane Ian), triggering special rules and compressed timelines.

Under Florida law, attorneys may accept property insurance cases on contingency. Fee agreements must comply with Rule 4-1.5(f)(4)(B) of the Rules Regulating the Florida Bar.

Local Resources & Next Steps

1. Government and Consumer Agencies

• Florida DFS Division of Consumer Services: 1-877-693-5236

• Broward County Property Appraiser: Useful for pre-loss valuation

• City of Hollywood Building Division: Permits and post-loss inspections

2. Courts and Dispute Resolution

• Broward County Courthouse – 201 S.E. 6th Street, Fort Lauderdale (civil suits over $50,000 filed in Circuit Civil Division)

• 17th Judicial Circuit Residential Foreclosure/Insurance Calendar: Check local administrative orders for special procedures following major storms.

3. Professional Support

• Florida-licensed Public Adjusters: Verify license status at MyFloridaCFO.com.

• Contractors and Engineers: Ask for certificates of insurance and state licenses.

Finally, stay informed. The Florida Legislature has amended property insurance statutes three times in the last four years. Legislative sessions often introduce new deadlines, fee-shifting provisions, and consumer protections that directly affect your rights.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and the application of the law depends on the individual facts of each case. For advice about your specific situation, consult a licensed Florida attorney.

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