Lawyers for Insurance: Property Insurance Guide – Hollywood, Florida

Introduction: Why Property Insurance Matters in Hollywood, Florida

Nestled between Fort Lauderdale and Miami, the City of Hollywood, Florida is home to more than 150,000 residents and tens of thousands of single-family homes, condominiums, and rental properties. From ocean-front bungalows along Hollywood Beach to mid-century ranch homes near TY Park, local homeowners share one common concern: protecting their property against hurricanes, flooding, fires, plumbing leaks, and the occasional tropical storm that blows in from the Atlantic. A solid property insurance policy is the first line of defense, yet many policyholders find that the real battle begins after they file a claim. According to data released by the Florida Office of Insurance Regulation, insurers denied or underpaid more than 30% of residential property claims following recent hurricane seasons. For Hollywood homeowners, understanding Florida’s insurance landscape—and knowing when to seek legal help—can be the difference between a full rebuild and a financial nightmare. This comprehensive guide is written with a slight bias toward protecting property owners and policyholders. It draws exclusively from authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), published Florida court opinions, and reputable industry publications. Whether you are facing a property insurance claim denial in Hollywood, Florida or simply want to be proactive, the following sections break down your rights, common insurer tactics, and the practical steps you can take to secure the coverage you paid for.

Understanding Your Property Insurance Rights in Florida

1. The Right to Prompt Acknowledgment and Response

Under Florida Administrative Code Rule 69B-220.201, insurers must acknowledge receipt of your claim within 14 calendar days unless payment is made sooner. This rule is part of the broader Florida Unfair Claims Settlement Practices Act (Fla. Stat. § 626.9541), designed to prevent insurers from delaying or avoiding their obligations. If your carrier fails to respond in a timely manner, it could constitute an unfair claims practice—opening the door to penalties and extra-contractual damages.

2. The Right to a Fair Investigation

Florida Statute § 626.9541(1)(i) prohibits insurers from denying claims without “conducting reasonable investigations based upon available information.” In practice, that means your insurance company must send an adjuster who actually inspects the damage, reviews documentation, and applies the correct policy language. A drive-by inspection or denial based solely on photographs can violate this statutory duty.

3. The Right to Accurate Policy Information

Per Florida Statute § 627.70131, insurers must provide a copy of your policy and any endorsements upon written request. If you don’t have the full wording—including exclusions and conditions—you cannot effectively challenge a denial. Always request the full certified copy of your policy after a loss.

4. The Right to Appraisal and Mediation

Most Florida homeowner policies include an appraisal clause allowing either party to demand an appraisal when there is a disagreement over the amount of loss. Florida DFS also offers a free State-Sponsored Mediation Program that can be invoked for most residential property claims under $100,000 in dispute. Knowing when to invoke appraisal or mediation can save months of litigation.

5. Statutes of Limitation: How Long You Have to Sue

• Five years: General breach of written contract actions, including property insurance, under Fla. Stat. § 95.11(2)(e).

• Two years: Hurricane and windstorm claims must be filed within two years of the date of loss under Fla. Stat. § 627.70132 (amended in 2021).

Missing these deadlines can forever bar your claim, regardless of its merits.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Wear and Tear or Maintenance Issues

Florida policies generally cover sudden and accidental losses. Insurers often argue that a roof leak or pipe break resulted from long-term deterioration—an exclusion. However, Florida case law (for example, Citizens Prop. Ins. Corp. v. Garcia, 188 So. 3d 922, Fla. 3d DCA 2016) requires carriers to prove the exclusion applies, not merely assert it.

2. Water Damage Exclusion Misapplication

Section I exclusions often distinguish between water that comes from above (rain), below (flood), or within (burst pipe). Carriers sometimes lump different water categories together to deny coverage. Be sure to read whether “wind-driven rain” is covered under your policy’s ensuing loss clause.

3. Late Notice

Insurers routinely deny claims for “late notice,” arguing prejudice. Yet Florida’s Supreme Court in Vanguard Fire & Casualty Co. v. Golmon, 257 So. 3d 1030 (Fla. 2018) held carriers must show actual prejudice. Reporting a loss weeks—or even months—after discovery may still be acceptable if you provide a good reason and documentation.

4. Alleged Material Misrepresentation

From misstated square footage to pre-existing damage, carriers can rescind a policy if they prove intentional misrepresentation. However, Fla. Stat. § 627.409 requires insurers to show the misstatement was material and affected their risk.

5. Underpayment Instead of Denial

Insurers sometimes “nickel and dime” claims by paying only a fraction of the actual damage. An underpayment can be as harmful as a denial. Florida’s “Bad Faith” statute (§ 624.155) allows extra-contractual damages if the insurer fails to settle claims in good faith.

Florida Legal Protections & Insurance Regulations

1. Florida Statutes That Protect Policyholders

• Fla. Stat. § 627.70131: Sets deadlines for insurers to pay or deny claims (generally 90 days).

• Fla. Stat. § 626.9541: Outlines unfair claim settlement practices and provides enforcement mechanisms.

• Fla. Stat. § 627.428: Awards attorney’s fees to insureds who prevail in a lawsuit against their carrier.

• Fla. Stat. § 624.155: Creates a civil cause of action for first-party bad faith.

2. Florida Department of Financial Services (DFS) Oversight

The DFS Consumer Services Division investigates complaints and can impose fines on insurers. Filing a DFS complaint can sometimes prompt a stalled claim to move forward. DFS also maintains a public database of complaint ratios, which can be useful when selecting an insurer.

3. Assignment of Benefits (AOB) Reform

Florida’s AOB reform (House Bill 7065, effective 2019) curbed contractors’ ability to take over claims. While designed to limit fraud, the law also gives homeowners more control over the process. If you live in Hollywood and your contractor asks you to sign an AOB, read it carefully.

4. Recent Legislative Changes

Senate Bill 2-A (2022 Special Session) changed many claim timelines and eliminated one-way attorney fees for lawsuits filed after December 16, 2022. However, the old fee statute (§ 627.428) still applies to policies and lawsuits predating that date. Always ask a Florida attorney which version governs your claim.

5. Attorney Licensing Rules in Florida

Only lawyers admitted to The Florida Bar can represent you in Florida state courts. Rule 4-1.5 of the Rules Regulating The Florida Bar also requires contingency fee contracts to be in writing and signed by both attorney and client. Out-of-state lawyers must obtain pro hac vice admission and associate with local counsel.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Detailed Denial Letter

Florida law obligates carriers to provide the specific policy language relied upon for denial. If you receive a vague denial, send a certified letter requesting clarification under Fla. Stat. § 626.9541(1)(i)3.f.

2. Gather and Preserve Evidence

Document all damages with date-stamped photographs and videos. Keep receipts for emergency repairs (tarping, water extraction) and store them digitally. Florida courts often side with insureds who maintained meticulous records.

3. Obtain an Independent Damage Estimate

Hire a licensed public adjuster or reputable contractor to provide a written estimate. In Hollywood, Florida, public adjusters must hold a DFS license under Fla. Stat. § 626.854. A second opinion can expose lowball carrier estimates.

4. Consider the State-Sponsored Mediation Program

If the amount in dispute is under $100,000 and the loss is residential, you can demand mediation through DFS. Submit the request online; the insurer must pay the mediator’s fee unless you cancel.

5. Issue a Civil Remedy Notice (CRN) if Necessary

Before filing a bad-faith lawsuit, you must submit a CRN through the DFS portal citing the specific statutory violations. The carrier then has 60 days to cure. A properly drafted CRN can leverage a favorable settlement.

6. File Suit Within the Statute of Limitations

If settlement efforts fail, file a lawsuit in Broward County Circuit Court (17th Judicial Circuit) before the limitation period expires. Hollywood is squarely within Broward County’s boundaries; venue will typically lie there.

When to Seek Legal Help in Florida

1. Complex Denials and High-Dollar Losses

If your claim exceeds $30,000 or involves structural damage, an experienced florida attorney can often recover more than you could alone—especially because prevailing policyholders may recover attorney’s fees (for older claims) under § 627.428.

2. Suspected Bad Faith

Indicators include repeated document requests, contradictory engineering reports, or unexplained claim re-opening. A lawyer can file a CRN and pursue extra-contractual damages.

3. Time-Sensitive Claims

If the two-year hurricane deadline is approaching, contact counsel immediately to file before the window closes.

4. Multiple Perils and Coverage Disputes

Hollywood homes near the Intracoastal Waterway can face both wind and flood damage. Coordinating claims under separate policies often requires legal guidance.

Local Resources & Next Steps

1. Hollywood Building Department

Secure copies of permits, inspection reports, and code enforcement records to substantiate repair costs. The department is located at 2600 Hollywood Boulevard, Hollywood, FL 33020.

2. Broward County Property Appraiser

Visit the appraiser’s website for historical property data and photographs that may prove a pre-loss condition.

3. Florida Disaster Assistance

After federally declared disasters, visit DisasterAssistance.gov or the local FEMA Disaster Recovery Center often set up at the Broward County Convention Center.

4. Homeowner Associations (HOAs)

If you live in a Hollywood condo or HOA, request the master policy and bylaws. Determine whether the association or you are responsible for interior damage.

5. Choosing the Right Lawyer

Interview at least two board-certified civil trial attorneys, check Florida Bar discipline records, and confirm contingency fees in writing.

Conclusion

Facing a property insurance claim denial hollywood florida can feel overwhelming, but Florida law provides robust protections for hollywood homeowners. By understanding your policy, documenting your loss, and invoking the right statutory remedies, you stand a strong chance of securing the benefits you paid for. When in doubt, consult a qualified florida attorney who focuses on insurance disputes.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and individual facts matter. 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.