Lawyer Guide: Property Insurance Disputes in Hollywood, Florida

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Few things are more stressful for Hollywood homeowners than watching a storm roll in from the Atlantic, knowing your roof, windows, and personal belongings could all be at risk. Whether you live near the historic Hollywood Beach Broadwalk or further west toward Emerald Hills, Broward County’s lush tropical climate comes with heavy rains, high winds, and the ever-present threat of hurricanes. A robust homeowners or condo policy is supposed to keep you financially whole after a loss, yet many policyholders learn—often at the worst possible moment—that insurers sometimes delay, underpay, or outright deny legitimate claims. If you are facing a property insurance claim denial in Hollywood, Florida, this comprehensive guide explains your rights, the laws that protect you, and the steps you can take—up to and including hiring a Florida attorney—to fight back.

This article is written from the policyholder’s perspective. Our goal is to equalize the knowledge gap between homeowners and large insurance companies that operate throughout Florida. We rely exclusively on authoritative sources such as the Florida Statutes, the Florida Administrative Code, published Florida appellate opinions, and materials from the Florida Department of Financial Services (DFS). All information is accurate as of publication. Because insurance regulations are subject to change, always verify the most current rules and consult a licensed attorney for specific advice.

Understanding Your Property Insurance Rights in Florida

1. The Contractual Nature of Your Policy

Your homeowners or condo policy is a contract governed primarily by Florida contract law. Under Fla. Stat. § 95.11(2)(e), you generally have five years from the date of breach—usually the day of the denial or underpayment—to file a lawsuit against your insurer. Knowing this deadline helps you avoid inadvertently waiving your claim.

2. The Homeowner Claims Bill of Rights

Florida adopted a “Homeowner Claims Bill of Rights” (Fla. Stat. § 627.7142) that requires insurers to outline certain protections when acknowledging a claim:

• You have the right to receive acknowledgment of your claim within 14 days.

• The insurer must notify you of acceptance, denial, or need for more time within 90 days (Fla. Stat. § 627.70131(7)(a)).

• You can receive free neutral evaluation of sinkhole disputes (if applicable).

• You may obtain copies of estimates, photos, and other claim documents upon written request.

3. Prompt, Fair, and Equitable Settlement Requirement

Under Florida’s Unfair Insurance Trade Practices Act (Fla. Stat. § 626.9541(1)(i)), insurers must attempt in “good faith” to settle claims when liability is reasonably clear. Violations—such as failing to properly investigate or misrepresenting policy provisions—can lead to civil remedies under Fla. Stat. § 624.155.

4. Right to Appraisal and Mediation

Many Florida policies include an appraisal clause, a form of dispute resolution in which each party hires an appraiser, and the two appraisers select an umpire. Additionally, DFS offers free mediation for certain residential property disputes under Fla. Admin. Code R. 69J-166.031. Mediation can be a quick, no-cost way to resolve disagreements below $100,000.

Common Reasons Property Insurance Companies Deny Claims in Florida

Knowing why insurers deny claims can help you build stronger documentation and avoid unnecessary disputes. The following issues frequently appear in property insurance claim denial Hollywood Florida cases:

• Late Notice. Insurers assert that homeowners failed to “promptly” report losses, even if the delay was caused by discovering hidden damage weeks later.

• Wear and Tear Exclusions. Florida courts often must decide whether damage was sudden (covered) or gradual (excluded). For example, a small roof leak over time may be labeled “maintenance-related.”

• Water Damage Limitations. Many policies cap coverage at $10,000 for water damage if you wait over 14 days after the loss to report it, per 2018 legislative reforms.

• Flood vs. Wind Damage Disputes. After hurricanes, insurers may blame flooding (typically excluded unless you have a separate National Flood Insurance Program policy). Differentiating wind-driven rain from storm surge is often pivotal.

• Alleged Material Misrepresentations. Insurers sometimes rescind policies, claiming the homeowner misrepresented roof age or prior claims on the application.

• Failure to Mitigate. You are obligated to take reasonable steps—such as tarping a roof—to prevent further damage. Insurers will deny or reduce payment if they believe you failed this duty (Eastern Atlantic Ins. Co. v. Kitchen Family Ltd. P’ship, 170 So. 3d 940, Fla. 4th DCA 2015).

Florida Legal Protections & Insurance Regulations

1. Senate Bill 2-A (2022 Special Session): Litigation Reform

Florida’s insurance market has seen rapid legislative changes aimed at reducing litigation costs. Among other provisions, SB 2-A adjusted fee-shifting rules and shortened certain claim deadlines. Hollywood homeowners should check policy language and consult counsel to understand how these changes apply retroactively.

2. Assignment of Benefits (AOB) Reform

The 2019 AOB reform law (Fla. Stat. § 627.7152) requires contractors who obtain benefits to notify the insurer within three business days and narrow the scope of attorney fee recovery. If you sign an AOB with a water remediation firm in Hollywood, make sure you understand these limitations.

3. Statute of Limitations Clarification

As noted, you typically have five years to sue for breach, but only two years to file a supplemental or reopened Hurricane Irma claim (Fla. Stat. § 627.70132), a 2021 modification. Timelines may differ for named storms after 2023 reforms.

4. Civil Remedy Notice (CRN)

Before filing a bad faith suit, Florida law requires policyholders to submit a sworn CRN via the DFS portal (DFS Civil Remedy System). The insurer then has 60 days to cure the violation. A well-drafted CRN can strengthen settlement leverage.

5. Attorney Licensing & Ethical Rules

Only members in good standing of The Florida Bar may represent homeowners in state court. Rule 4-1.5(f)(4)(B) of the Rules Regulating The Florida Bar limits contingent fees in property damage cases to 33⅓% of any recovery up to $1 million if litigation has not been filed, and 40% after suit.

Steps to Take After a Property Insurance Claim Denial in Florida

If you receive a denial letter, act quickly. Below is a structured approach tailored to Hollywood homeowners:

Review the Denial Letter

  - Insurers must include reasons for denial under Fla. Stat. § 627.70131(7)(b).

  - Compare cited policy provisions with your actual policy. Ensure the insurer’s quotation is accurate and complete.

Request the Claim File

  - You have a statutory right to obtain adjuster reports, photographs, and estimates under Fla. Stat. § 627.4137.

  - Make the request in writing and send it by certified mail (keep the receipt).

Gather Independent Evidence

  - Hire a licensed Florida public adjuster or contractor to prepare a second estimate.

  - Take dated photos of damages throughout your *Hollywood* residence, including any temporary repairs.

Explore Mediation or Appraisal

  Contact DFS to request free mediation if your claim is under $100,000 and the insurer has made an offer (or denied). There is no fee for homeowners ([DFS Mediation Program](https://www.myfloridacfo.com/Division/Consumers/FloridasMediationProgram.htm)).
  - Check your policy’s appraisal clause deadlines; missing them can waive your rights.

Send a Statutory Pre-Suit Notice

  - Recent reforms (Fla. Stat. § 627.70152) require a 60-day pre-suit notice for property actions.

  - The notice must specify the amount in dispute and include a detailed estimate.

Consult a Florida Attorney

  - An experienced lawyer can assess whether bad faith occurred and guide you through pre-suit demands, appraisal, or litigation.

When to Seek Legal Help in Florida

While some Hollywood homeowners successfully negotiate claims alone, several red flags indicate you should consider hiring a Florida attorney right away:

• Complex Causation Disputes. When the insurer blames flooding instead of wind, expert testimony is often needed.

• Large-Dollar Denials. Claims exceeding $50,000 justify legal fees relative to the potential recovery.

• Bad Faith Indicators. Repeated document requests, unexplained delays, or sudden policy cancellations may signal unfair claim practices.

• Appraisal or AOB Conflicts. Navigating these procedures incorrectly can waive your rights.

• Short Deadlines Approaching. If the five-year statute or a contractual suit limitation is near, immediate action is vital.

Most property insurance lawyers work on a contingency fee—no fee unless you recover—subject to Florida Bar rules. Ask any prospective attorney to explain fee structure, potential costs for experts, and realistic timelines.

Local Resources & Next Steps

1. Florida Department of Financial Services (DFS) Consumer Helpline

Call 1-877-MY-FL-CFO or visit the DFS walk-in office at 1400 West Commercial Blvd., Fort Lauderdale, FL 33309—about 10 miles north of downtown Hollywood.

2. Broward County Records, Taxes & Treasury

If you need certified copies of deeds, permits, or property appraiser data to support your claim, visit 115 S. Andrews Ave., Fort Lauderdale. Accurate records can help prove property value and pre-loss condition.

3. Licensed Public Adjusters in Hollywood

Verify any public adjuster’s license using the DFS search tool. Ensure they comply with fee caps (no more than 20% of reopened or supplemental hurricane claims under Fla. Stat. § 626.854).

4. Local Emergency Services

For immediate mitigation after a storm, Hollywood Fire Rescue & Beach Safety (777 N Ocean Dr.) offers sandbags and safety updates during hurricane season.

5. Small Claims vs. Circuit Court

If your disputed amount is $8,000 or less (excluding interest and costs), Broward County Small Claims Court (South Regional Courthouse, 3550 Hollywood Blvd.) may provide a faster resolution.

Next Steps: Document everything, follow the policy’s post-loss obligations, meet statutory deadlines, and escalate through appraisal, mediation, or litigation as needed.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and each case is unique. Consult a licensed Florida attorney to obtain advice about your specific situation.

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