Insurance Lawyer’s Property Insurance Guide – Hollywood, FL

Introduction: Why This Guide Matters to Hollywood Homeowners

Sunny weather, coastal breezes, and palm-lined streets make Hollywood, Florida a sought-after place to live. Yet for all its charm, Broward County’s barrier-island geography also means exposure to hurricanes, king-tide flooding, tropical storms, and the occasional plumbing catastrophe. A single wind-blown shingle or burst supply line can saddle homeowners with tens of thousands of dollars in repairs. When that happens, property insurance should be your safety net. Unfortunately, many Hollywood homeowners discover that their insurer is quick to collect premiums but slow—or unwilling—to pay valid claims. If you have experienced a property insurance claim denial Hollywood Florida, you are not alone.

This guide—written from the perspective of an insurance lawyer who advocates for policyholders—explains the rights, deadlines, and strategic steps Florida owners must understand. We will rely exclusively on authoritative sources such as the Florida Statutes, Florida Department of Financial Services (DFS) regulations, and published Florida court decisions. Whether your roof was damaged by Hurricane Irma, a dishwasher leak buckled your hardwood floors, or Citizens Property Insurance simply undervalued your loss, the information below can help you press for the benefits you paid for.

1. Understanding Your Property Insurance Rights in Florida

Florida law is clear: insurers owe their residential policyholders prompt, fair, and complete claim handling. Policyholder rights arise from two primary sources—your contract (the policy) and state statutes. Below are five core rights every Hollywood homeowner should know.

• The Right to Timely Acknowledgment and Decision – Under Fla. Stat. §627.70131, insurers must acknowledge receipt of your initial notice within 14 days and pay or deny within 90 days, unless factors outside their control prevent a decision.

• The Right to Communication in Plain Language – The Florida Office of Insurance Regulation (OIR) requires policies and claim correspondence to avoid ambiguous wording. If the insurer relies on technical policy exclusions, you may demand clarification.

• The Right to Receive a Detailed Explanation of Denial – DFS Rule 69O-166.024 of the Florida Administrative Code mandates that denial letters state specific policy provisions relied upon. A vague “wear and tear” assertion is not sufficient.

• The Right to Mediation – Florida’s Residential Property Mediation Program, administered by DFS, gives homeowners a low-cost forum to negotiate claims under Fla. Stat. §627.7015.

• The Right to Sue for Breach of Contract – If the carrier breaches the policy, you have up to five years to file suit (Fla. Stat. §95.11(2)(e)).

Knowing these rights arms you with leverage during every phone call, email, or inspection. It also sets a paper trail that will be invaluable if you later hire a Florida attorney.

2. Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers often use similar playbooks statewide—but some tactics are uniquely common in South Florida. Below are frequent denial and underpayment rationales local homeowners encounter.

Water Damage and Mold Exclusions

Florida carriers routinely attribute indoor water damage to “repeated seepage or leakage” excluded under most HO-3 forms. Yet courts such as Hicks v. American Integrity Insurance Co., 241 So. 3d 925 (Fla. 5th DCA 2018), have required insurers to prove a continuous leak existed for more than 14 days. Insurers’ burden of proof is higher than many homeowners realize.

Roof Damage: “Wear and Tear” vs. Wind

After windstorms, insurers frequently claim that lifted shingles are merely age-related deterioration. However, photographs, meteorological data, and a qualified engineer’s report can rebut that narrative. In the wake of Hurricane Irma, Broward County roofs with decades of service life remaining were suddenly compromised; Florida courts have held that when a covered peril and an excluded peril combine, the loss is covered if the covered peril is the efficient proximate cause.

Failure to Mitigate

Your policy requires you to take reasonable measures—such as tarping a roof—to prevent further damage. Insurers sometimes exaggerate minor delays to deny otherwise covered claims. Keep receipts for tarps, dehumidifiers, and board-up services to counter this argument.

Late Notice

Senate Bill 76 (2021) amended Fla. Stat. §627.70132, giving homeowners two years from the date of loss to file an initial or reopened claim and one additional year for supplemental claims. Insurers often deny late-filed claims, but if you can show “good cause,” the statute allows exceptions.

Below Deductible Valuations

Adjusters sometimes lowball repair costs to push the net amount below your hurricane or all-other-perils deductible. Independent estimates and public adjuster reports can expose such tactics.

3. Florida Legal Protections & Insurance Regulations

Florida’s insurance code is among the nation’s most consumer-oriented, reflecting decades of hurricane experience. Below are key protections that tilt the scales, at least somewhat, toward policyholders.

Bad-Faith Remedies

Fla. Stat. §624.155 enables homeowners to file a civil remedy notice (CRN) against an insurer engaging in unfair claim settlement practices. Once the CRN is filed, the insurer has 60 days to cure. Failure to pay the claim in that window may expose the carrier to extra-contractual damages, including attorneys’ fees.

Attorney’s Fees and Costs

Until 2022, Fla. Stat. §627.428 required insurers to pay a prevailing homeowner’s reasonable attorneys’ fees. SB 2-A (2022) repealed that section for new policies written after December 16, 2022, but policies issued before that date still enjoy the fee-shifting protection. Always check your policy inception date.

Statutory Deadlines

• Notice of Claim: 2 years (initial/reopened); 3 years total including supplemental (Fla. Stat. §627.70132).

• Breach of Contract Litigation: 5 years from date of breach (Fla. Stat. §95.11(2)(e)).

• Hurricane Damage Suits: 5 years from date of loss (same statute).

Regulation of Adjusters

All independent and company adjusters must be licensed by DFS. If an adjuster misrepresents facts, you can file a complaint through the DFS Division of Consumer Services. Maintaining a diary of adjuster statements helps substantiate misconduct claims.

Rules for Florida Attorneys

When hiring a Florida attorney, ensure they are an active member of The Florida Bar. Contingency fee contracts must comply with Rule 4-1.5 of the Rules Regulating The Florida Bar, and the lawyer must provide you with the Florida Bar-mandated Statement of Client’s Rights.

4. Steps to Take After a Property Insurance Claim Denial in Florida

A denial is not the end of the road. Follow these eight steps to keep your claim alive while building leverage.

• Request the Claim File in Writing – Florida law does not obligate carriers to hand over their internal notes pre-litigation, but many voluntarily provide adjuster reports to resolve disputes. Ask for the entire file, including photographs and engineer assessments.

• Obtain Independent Estimates – Hire a licensed general contractor familiar with Broward County building codes, or engage a public adjuster. Compare their scope and price to the insurer’s worksheet.

• Pursue DFS Mediation – File Form DFS-I0-1663 to request residential mediation. Insurers must pay the mediator’s fee. Although non-binding, statistics from DFS show homeowners receive payment in over 50% of mediated cases.

• Serve a Civil Remedy Notice (CRN) – If the insurer engaged in bad faith, submit a CRN through the DFS website. This triggers the 60-day cure period under Fla. Stat. §624.155.

• Comply With Examination Under Oath (EUO) Requests – Always attend, but have counsel or a public adjuster present. Prepare with invoices, photos, and repair logs to avoid being blindsided.

• Track All Deadlines – Use a calendar for the 2-year notice window, 90-day decision deadline, and 5-year lawsuit limit. Miss none of them.

• Preserve Evidence – Store damaged parts (e.g., sections of roof shingles), keep water-soaked drywall samples, and catalog photos with timestamps.

• Consult a Policyholder-Side Lawyer – An initial consultation is typically free, and many firms work on contingency.

5. When to Seek Legal Help in Florida

While many Hollywood homeowners start the process alone, there are clear signals that professional help is warranted.

• Complex Causation Disputes – If the insurer relies on engineering jargon about “long-term deterioration,” a seasoned insurance lawyer can retain counter-experts.

• High-Dollar or Total Loss Claims – Six-figure losses trigger extra scrutiny from carriers; a lawyer helps protect every line item, including ordinance and law coverage required by Hollywood’s building code.

• Bad-Faith Indicators – Repeated document requests, “lost” proofs of loss, or adjusters contradicting themselves are red flags.

• Expiration of Deadlines – If the two-year notice window or five-year litigation period is approaching, immediate counsel is critical.

Florida policyholder attorneys can often negotiate settlements without filing suit, leveraging fee-shifting provisions (when available) and the threat of bad-faith damages. Remember: insurers have in-house counsel and national defense firms; leveling the playing field is in your best interest.

6. Local Resources & Next Steps

Hollywood homeowners are fortunate to have several local and state resources:

Florida Department of Financial Services Consumer Helpline – File complaints, request mediation, and verify adjuster licenses. Florida Office of Insurance Regulation – Track insurer financial stability and enforcement actions. Broward County Clerk of Courts – Access small-claims forms and civil lawsuit filing instructions.

• City of Hollywood Building Division – Obtain permits, inspection records, and windstorm mitigation credits (useful when arguing code-upgrade costs).

After absorbing this guide, gather your policy, denial letter, and photos, then create a timeline of events. Decide whether to pursue mediation, appraisal, or litigation. If negotiations stall, do not hesitate to retain a licensed Florida attorney who focuses on homeowner insurance disputes.

Legal Disclaimer: This guide provides general information about Florida insurance law and is not legal advice for your specific situation. Always consult a licensed Florida attorney before taking action.

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