Insurance Lawyer: Property Insurance in Hollywood, Florida

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Hollywood, Florida is no stranger to strong coastal winds, sudden downpours, and humid subtropical heat. From Emerald Hills to Hollywood Beach, local homeowners invest heavily in property insurance to protect against hurricanes, water damage, fires, and burglaries. Yet many policyholders discover—often after a storm like Hurricane Irma or a lightning-filled summer squall—that filing a claim is only half the battle. Claim delays, partial payments, and outright denials can leave families scrambling for repairs while disputing the insurance carrier’s decision. This comprehensive guide is written from a slightly policyholder-friendly perspective to help you understand how Florida law shields you, what steps to take after a property insurance claim denial Hollywood Florida residents frequently face, and when to bring in an experienced Florida attorney.

Everything here is grounded in Florida statutes, Florida Department of Financial Services regulations, and Florida court opinions. When possible, we cite official sources so you can independently verify each point. Whether you live near Young Circle or west of I-95, the rules are the same across the Sunshine State, but local context—such as Broward County building codes and typical storm patterns—matters when presenting evidence to your carrier or a court. Keep this guide handy before, during, and after your next claim.

Understanding Your Property Insurance Rights in Florida

1. The Right to a Prompt Decision

Under Florida Statutes § 627.70131(5)(a), insurers must pay or deny a residential property claim within 90 days after receiving written notice. Missing the 90-day window can expose carriers to interest penalties. If your insurer drags its feet, remind the adjuster—politely but firmly—of this statutory deadline.

2. The Right to Receive a Copy of Your Policy

Florida Administrative Code Rule 69O-166.031 obligates insurers to provide, on request, a certified copy of the policy and any endorsements. Having the full policy lets you confirm coverage language, deductible amounts, and exclusions before arguing your case.

3. The Right to an Appraisal or Alternative Dispute Resolution

Many Florida policies include an appraisal clause. When you and the insurer disagree on the amount of loss—but not necessarily on coverage—either side may demand appraisal, as the Florida Supreme Court affirmed in Johnson v. Nationwide Mut. Ins. Co., 828 So. 2d 1021 (Fla. 2002). Understanding this right often speeds fair settlements.

4. The Right to Hire a Public Adjuster or Attorney

Florida law permits homeowners to hire licensed public adjusters (regulated under Fla. Stat. § 626.854) or a Florida attorney. Attorneys must be members in good standing of The Florida Bar under Rule 4-1.5 of the Rules Regulating The Florida Bar. Only a lawyer can file suit or provide legal advice; public adjusters cannot practice law.

5. The Right to Attorney’s Fees if You Win

If you sue and obtain any judgment in your favor—even $1—the insurer may have to pay your reasonable attorney’s fees under Fla. Stat. § 627.428. This fee-shifting provision aims to level the playing field for policyholders.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice of Loss

Most policies require “prompt notice.” Florida courts examine whether a delay prejudiced the insurer’s investigation. Denials often cite late reporting after hurricanes or hidden leaks. Keep a journal and notify your carrier immediately.

2. Alleged Pre-Existing Damage

Carriers frequently assert that roof or plumbing damage existed before the covered event. Gathering “before and after” photos, inspection reports, or maintenance records can rebut this defense. Hollywood homeowners in older neighborhoods like Hollywood Hills should document maintenance to avoid this denial rationale.

3. Water Damage Exclusions

Standard Florida homeowner policies distinguish “wind-driven rain” (usually covered) from “flood” (generally excluded unless you carry an NFIP or private flood policy). Denials may hinge on nuanced definitions. A public adjuster or Florida attorney can parse policy language for you.

4. Wear and Tear vs. Sudden Loss

Insurers often argue that a failing pipe finally burst due to wear and tear—a non-covered peril—rather than sudden accidental discharge. Having a licensed plumber’s report attributing the break to sudden failure strengthens your claim.

5. Misrepresentation During the Claim

If an insurer believes you exaggerated square footage, material costs, or the cause of loss, it may deny for “material misrepresentation.” Honesty and clear documentation keep you safe.

Florida Legal Protections & Insurance Regulations

1. Statute of Limitations

Under Fla. Stat. § 95.11(2)(e), a policyholder generally has five years from the date of breach (usually the date of denial or underpayment) to file a lawsuit on a property insurance contract. Hurricane claims have unique nuances, but the five-year rule is the broad benchmark.

2. Civil Remedy Notice (CRN)

Fla. Stat. § 624.155 permits policyholders to file a CRN with the Department of Financial Services, alleging the insurer acted in bad faith. The insurer then has 60 days to cure the violation. Filing a CRN is often a prerequisite to a bad-faith lawsuit.

3. Assignment of Benefits (AOB) Reform

Effective May 2019, lawmakers amended Fla. Stat. § 627.7152 to curb litigation premised on AOB agreements. While homeowners may still assign benefits to contractors, stricter notice and opt-out provisions apply.

4. Mediation Program

The Florida Department of Financial Services offers a free, non-binding mediation program for residential property disputes under Fla. Stat. § 627.7015. Either party may request mediation after the claim is denied or if there is disagreement on the amount.

5. Interest Penalties for Late Payment

Should an insurer fail to pay undisputed amounts within 90 days, Fla. Stat. § 627.70131(5)(a) also imposes statutory interest, incentivizing timely payment.

Steps to Take After a Property Insurance Claim Denial in Florida

Read the Denial Letter Carefully Identify every stated reason for denial or underpayment. Is it late notice, excluded peril, or insufficient proof? Request the Complete Claim File You are entitled under Fla. Stat. § 627.4137 to request certain information, and many carriers will provide the adjuster’s notes. These files reveal what evidence swayed their decision. Gather Evidence

• Photos or videos of damage (time-stamped)

• Receipts, repair estimates, and invoices

• Independent expert reports (roofers, engineers, plumbers)

• Pre-loss inspection records and building permits from the City of Hollywood Building Department

Consider an Appraisal Demand If the dispute is merely over the amount, you may invoke appraisal under your policy. Use Florida’s Mediation Program Submit a request through the DFS. The process is faster than filing suit and often prompts settlement. File a Civil Remedy Notice (CRN) If you suspect bad faith, file a CRN online with the DFS, giving the insurer 60 days to cure. Consult a Florida Insurance Lawyer Before the five-year statute expires, talk to counsel who focuses on florida insurance law.

When to Seek Legal Help in Florida

While some Hollywood homeowners resolve disputes through appraisal or mediation, others need immediate legal representation. Engage counsel if:

• The denial invokes complex exclusions such as earth movement or anti-concurrent-cause language.

• The insurer accuses you of fraud or misrepresentation.

• Critical repairs remain unfunded and you face city code enforcement citations.

• You must file suit before the five-year deadline.

A licensed Florida attorney can draft the complaint, conduct discovery, depose adjusters, and present expert testimony. Thanks to Fla. Stat. § 627.428, prevailing policyholders frequently recover attorney’s fees, lowering the economic barrier to litigation.

Local Resources & Next Steps

1. City of Hollywood Building Department

For permits, inspection records, and code compliance documents that may bolster your claim, visit or call the department at 2600 Hollywood Blvd.

2. Florida Department of Financial Services

Use the DFS Consumer Helpline at 1-877-693-5236 for mediation requests or complaints. Online forms are on the DFS Consumer Insurance Page.

3. National Flood Insurance Program (NFIP)

If your property is in a FEMA-designated flood zone near the Intracoastal Waterway, consider supplemental flood coverage.

4. Professional Licenses

Verify public adjuster licenses through the Florida Adjuster License Lookup. Confirm attorney status via The Florida Bar.

5. Further Reading

The Office of Insurance Regulation publishes annual reports on carrier solvency—valuable if you worry about an insurer’s ability to pay. For legislative updates, check the Florida Statutes Online. Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim involves unique facts. Consult a licensed Florida attorney for advice tailored to your situation.

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