Lawyers for Insurance: Property Insurance Guide – Hollywood, FL

Introduction: Why Hollywood, Florida Homeowners Need This Guide

From Emerald Hills to Hollywood Beach, homeowners in Hollywood, Florida face year-round hazards: Atlantic hurricanes, summer squalls, and even occasional plumbing failures in older ranch homes along Johnson Street. When disaster strikes, property insurance is supposed to cushion the blow. Yet policyholders frequently encounter a property insurance claim denial in Hollywood, Florida—sometimes for reasons that feel arbitrary or unjustified.

This comprehensive guide—written with a policyholder-friendly tilt—explains how Hollywood homeowners can leverage Florida statutes, regulations, and local resources to challenge denials, reduce delays, and maximize fair payouts. Every legal principle cited is grounded in authoritative sources such as the Florida Statutes, Florida Department of Financial Services (FDFS) bulletins, and published opinions from Florida courts. Whether your claim involves roof damage on a Hollywood Lakes bungalow or water intrusion in a high-rise condo on Ocean Drive, the following pages outline your rights and practical next steps.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—and Courts Enforce It

Your homeowners or condo policy is a binding contract. Under Fla. Stat. §95.11(2)(b), you generally have five years from the date of breach (i.e., denial or underpayment) to file a lawsuit for breach of an insurance contract. That statutory limitation applies statewide, including in Broward County, where Hollywood is located.

2. Prompt Notice vs. Statute of Repose for Windstorm Claims

Florida imposes an additional notice deadline for hurricane or windstorm losses. Under Fla. Stat. §627.70132, policyholders must provide notice to the insurer within one year of the date of loss for events occurring on or after January 1, 2023 (previously three years). Missing this notice deadline can cost you benefits, so act quickly after a storm such as Hurricane Ian or Nicole.

3. The Homeowner Claims Bill of Rights (FDFS)

The Florida Department of Financial Services publishes a mandatory Homeowner Claims Bill of Rights that insurers must provide within 14 days of receiving a claim. Key protections include:

• Written acknowledgment of your claim within 14 days (Fla. Stat. §627.70131(1)(a)).

• Claim decision within 60 days (§627.70131(7)(a)).

• The right to receive any undisputed payment within 60 days of proof of loss.

If an insurer misses these deadlines without “factors beyond their control,” penalties may apply, and interest accrues on unpaid amounts.

4. Right to Hire a Public Adjuster or Attorney

Florida law permits homeowners to engage licensed public adjusters (Fla. Stat. §626.854) or a Florida attorney to assist in the claims process. Public adjuster fees are capped at 20% of the claim (10% during state-declared emergencies).

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice of Loss

Insurers frequently assert that notice was “late,” particularly after a hurricane. Review the timeline in §627.70132 and gather proof of when you first discovered damage.

2. Wear, Tear, and Pre-Existing Damage

Carriers may claim roof leaks result from age, not wind. Obtain independent expert opinions—especially valuable in Hollywood where salt-laden air accelerates deterioration.

3. Water Damage Exclusions

Florida policies often differentiate between sudden pipe bursts (covered) and long-term seepage (excluded). Photographs, plumber invoices, and moisture-mapping reports help counter these assertions.

4. Failure to Mitigate

Under Fla. Stat. §627.70131(8), policyholders must take reasonable steps to prevent additional damage (e.g., tarping a roof). Save receipts for emergency mitigation.

5. Alleged Material Misrepresentation

Insurers sometimes void policies alleging misstatements on the application or proof of loss. Florida courts require materiality, so consult counsel if this issue arises.

Florida Legal Protections & Insurance Regulations

1. Bad-Faith Statute: Fla. Stat. §624.155

When an insurer fails to settle claims in good faith, policyholders may file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services.

File CRN via the FDFS Portal.

• Insurer has 60 days to cure.

• Failure to cure opens the door to extra-contractual damages, including attorney’s fees.

2. Attorney’s Fees & Offers of Judgment

Under Fla. Stat. §627.428, a policyholder who prevails in court may recover reasonable attorney’s fees. Recent reforms (SB 2-A, 2022) limited assignment-of-benefits fee shifting but preserved homeowner fee rights in direct actions.

3. The Florida Office of Insurance Regulation (OIR)

OIR reviews rate filings and market conduct examinations. If systemic claim denials are discovered, OIR can levy fines. Residents may submit complaints through the OIR consumer portal.

4. Licensing and Discipline for Florida Attorneys

Only members of The Florida Bar in good standing can give legal advice or represent you in state courts. Verify any lawyer’s license via the Bar’s online directory.

Steps to Take After a Property Insurance Claim Denial in Florida

Step 1: Read the Denial Letter Closely

Florida law (§626.9541(1)(i)3.f) requires insurers to explain the “facts and applicable law” for denial. Highlight every policy provision cited.

Step 2: Request the Adjuster’s File

You are entitled to certain claims handling documents, including engineering reports relied upon by the carrier. Make the request in writing.

Step 3: Gather Independent Evidence

• Hire a licensed public adjuster in Broward County.

• Obtain contractor estimates reflecting local Hollywood labor costs.

• Secure weather data from NOAA to correlate wind speeds at North Perry Airport.

Step 4: File a Notice of Intent to Initiate Litigation (NOI)

As of 2023, Fla. Stat. §627.70152 requires an NOI at least 10 business days before filing suit. Attach an itemized estimate and demand.

Step 5: Mediation Through the FDFS

The state-sponsored Residential Property Mediation Program (FDFS Consumer Services) is free for homeowners and commonly resolves disputes without court.

Step 6: Litigation in Broward County Circuit Court

If mediation fails, your attorney may file in the Seventeenth Judicial Circuit, located just north in Fort Lauderdale, asserting breach of contract and bad faith.

When to Seek Legal Help in Florida

While many Hollywood homeowners begin with DIY claims, certain red flags signal the need for counsel:

• Complex Denial Grounds: “concurrent causation,” “earth movement,” or “fraud.”

• Significant Damage: Six-figure repairs to Intracoastal waterfront homes.

• Suspected Bad Faith: Repeated document requests or lowball offers without explanation.

• Statute Deadlines Looming: Approaching one-year notice limit or five-year litigation bar.

Florida attorneys specializing in insurance disputes understand local jury pools, Broward County discovery rules, and recent appellate precedents like Citizens Prop. Ins. Corp. v. Salkey, 318 So. 3d 675 (Fla. 3d DCA 2021).

Local Resources & Next Steps

1. Broward County Records & Permits

Obtain prior permits or inspection reports to rebut “pre-existing damage” arguments. Search at the Broward County ePermitsOneStop portal.

2. Hollywood Building Division

For emergency repair permits after storm events, contact the City of Hollywood Building Division (2600 Hollywood Blvd.). Prompt permitting can prove mitigation efforts.

3. Non-Profit Assistance

The Florida Legal Services network occasionally assists low-income homeowners facing wrongful denials.

4. Keep a Claims Diary

Record every phone call, e-mail, and inspection. Courts view contemporaneous notes favorably when evaluating bad-faith allegations.

5. Stay Hurricane-Ready

Maintain updated photographs of your property before June 1 (the official start of hurricane season) to simplify future claims.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim is fact-specific. Consult a licensed Florida attorney before acting on any information herein.

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