Insurance Lawyers: Property Insurance, Hollywood, Florida

Introduction

Hollywood, Florida, sits on the Atlantic coast in hurricane-prone Broward County. From North Beach to Emerald Hills, Hollywood homeowners regularly confront tropical storms, torrential rain, and the occasional flood that can leave costly roof, water, or wind damage in their wake. When disaster strikes, property owners turn to their insurers expecting prompt payment. Unfortunately, many learn the hard way that the claims process can be slow, confusing, and adversarial. If you are facing a property insurance claim denial Hollywood Florida, the good news is that state law gives policyholders powerful tools to fight back—especially when armed with the right information and, if necessary, the right lawyer.

This guide—written from a slight, pro-policyholder perspective—explains how Florida law protects you, why insurers commonly deny or underpay claims, and what steps you can take to secure the benefits you paid for. We focus on rules that apply statewide but include Hollywood-specific context, such as Broward County’s high wind-mitigation standards, local permitting issues, and regional resources for homeowners.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract

Your homeowners or commercial property policy is a legally binding contract. Under Florida insurance law, a breach of that contract can entitle you to damages, interest, and sometimes attorneys’ fees. When a claim is denied, the key question becomes whether the insurer’s interpretation of the contract—and the facts surrounding your loss—is correct.

2. The Florida Homeowner Claims Bill of Rights

Enacted in 2014 and updated in 2023, the Florida Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142) outlines several protections:

• Prompt acknowledgment: The insurer must acknowledge your claim in writing within 14 days.

• 90-day decision: A coverage decision and any undisputed payment must be issued within 90 days, or the company owes interest.

• Fair treatment: Adjusters must comply with the Unfair Insurance Trade Practices Act, which prohibits misrepresentation and delay tactics.

3. Statute of Limitations

For losses occurring on or after January 1, 2023, lawsuits against property insurers generally must be filed within one year of the date the insurer issues a written denial or partial payment (Fla. Stat. § 95.11(14)). Reopened or supplemental claims carry an 18-month limit. Older losses (before 2023) may fall under the previous five-year deadline found in § 95.11(2)(e). Missing these windows almost always kills a case, so calendar carefully.

4. Right to Hire a Public Adjuster or Attorney

You may engage a licensed public adjuster or Florida attorney at any point. Florida law forbids an insurer from retaliating or threatening rate hikes because you sought professional help.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Lack of Wind or Storm Damage

After hurricanes such as Irma (2017) and Ian (2022), insurers routinely blamed pre-existing wear or improper maintenance rather than hurricane-force winds. In Hollywood’s park-lined subdivisions—many with older tile roofs—this excuse is popular but often rebuttable with engineering evidence.

2. Water Damage Exclusions and “Concurrent Causation”

Policies typically exclude flood damage. When both wind-driven rain and storm surge strike, insurers sometimes invoke the anti-concurrent causation clause to deny everything. Florida courts, however, require insurers to prove the excluded peril was the efficient proximate cause, not merely a contributing factor.

3. Late Notice

Most contracts require “prompt” notice, but Florida courts have held that even late notice may be excused if the insurer cannot prove prejudice. Don’t let a carrier convince you that a late report automatically voids your claim.

4. Alleged Fraud or Misrepresentation

Carriers sometimes deny claims based on allegedly inflated estimates or inconsistent statements. Honest mistakes are not fraud. Provide thorough documentation and, when possible, use licensed contractors and public adjusters to avoid disputes.

5. Underpayment via Lowball Estimates

Even if the insurer accepts coverage, Hollywood homeowners often receive estimates that use outdated pricing or ignore local building-code upgrades (e.g., Broward County’s High-Velocity Hurricane Zone, which requires stronger fasteners and impact glass).

Florida Legal Protections & Insurance Regulations

1. Unfair Insurance Trade Practices Act (Fla. Stat. §§ 626.9541 & 624.155)

These provisions let policyholders file a civil remedy notice (CRN) with the Florida Department of Financial Services (DFS) if an insurer acts unfairly—such as denying without reasonable investigation. After a 60-day cure period, the insurer may face extra-contractual damages, including attorneys’ fees.

2. Prompt Pay Statute (Fla. Stat. § 627.70131)

If an insurer fails to pay undisputed amounts within 90 days, it must pay interest at 8% or the statutory rate, whichever is greater, until payment is issued.

3. Appraisal and Mediation Programs

Florida encourages alternative dispute resolution. You can demand appraisal if your policy includes the clause. DFS also offers a free mediation program for certain property insurance disputes (DFS Mediation Program).

4. Attorneys’ Fees and the One-Way Fee Statute

When you win a breach-of-contract case, the insurer typically pays your reasonable attorneys’ fees (Fla. Stat. § 627.428 for older claims; § 86.121 for newer policies). Although recent reforms narrowed the statute, fee shifting still applies in many situations, which helps level the playing field.

5. Licensing and Ethics for Florida Attorneys

Only lawyers admitted to The Florida Bar may give legal advice on Florida insurance matters. You can verify a license through the Florida Bar’s public search. Lawyers must comply with Rules Regulating The Florida Bar, including Rule 4-1.5 (reasonable fees) and Rule 4-1.7 (conflict of interest).

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Carefully

The letter must cite policy provisions. Make note of every reason given: exclusions invoked, alleged policy violations, or missing documents. This dictates your response strategy.

2. Gather and Preserve Evidence

• Photograph or video all damage, both exterior and interior.

• Keep receipts for emergency repairs (tarps, plywood, water extraction).

• Request a copy of the adjuster’s report. Florida law requires the insurer to provide it within 7 days of your written request.

3. Obtain Independent Estimates

Contact licensed contractors familiar with Broward County code upgrades. Their estimates will often exceed the carrier’s scope, highlighting underpayment.

4. File a Statutory Civil Remedy Notice (If Appropriate)

A CRN puts the insurer on 60-day notice to cure bad-faith conduct. You must explain the facts, cite the statute violated, and file the notice through the DFS website. Insurers frequently reopen negotiations once a CRN is lodged.

5. Explore DFS Mediation or Appraisal

For claims under $50,000, mediation can be a quick, low-cost option. If you choose appraisal, remember the panel’s award is binding—so hire a competent appraiser familiar with hurricane losses.

6. Consult a Florida Insurance Lawyer

Time limits are short. A lawyer can:

• Analyze the policy language and denial reasons.

• Hire engineers or roofing experts to counter the insurer’s conclusions.

• File suit before the statute of limitations expires.

When to Seek Legal Help in Florida

While some disputes can be solved through mediation or appraisal, consider hiring counsel when:

• The insurer alleges fraud or intentional misrepresentation.

• Damage exceeds $30,000 and will require major code upgrades.

• You received a partial payment that does not cover repairs.

• The carrier refuses to provide its adjuster’s report or engineering findings.

• The one-year suit-filing deadline is within 90 days.

Hollywood residents often prefer lawyers with offices in Broward County who understand local permitting timelines, HOA restrictions, and the seating of the 17th Judicial Circuit (Ft. Lauderdale courthouse) where most lawsuits will be filed. A seasoned attorney can also coordinate with mitigation companies to prevent secondary damage that might jeopardize coverage.

Local Resources & Next Steps

1. Government & Consumer Assistance

Florida Department of Financial Services Consumer Helpline – File complaints, request mediation, and verify an insurer’s solvency.

• Broward County Permitting, Licensing & Consumer Protection – Obtain repair permits and learn post-storm debris rules.

• City of Hollywood Building Division – Verify whether you need a new roof permit or impact-window inspection.

2. Professional Assistance

• Licensed Public Adjusters in Hollywood – Can re-estimate damage and negotiate.

• Roofing Contractors with HVHZ credentials – Essential for wind-mitigation compliance.

• Local Hurricane Retrofit Programs – May offer grants for shutters or roofs, reducing future premiums.

3. Action Checklist

• Mark the one-year suit deadline on your calendar.

• Collect denial letters, inspection photos, and repair estimates in one digital folder.

• Request mediation or appraisal if you have not done so.

• Consult a qualified Florida attorney to evaluate litigation options.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and your rights depend on your specific circumstances. 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.