Lawyers for Property Insurance Guide – Hollywood, Florida

Introduction

Hollywood, Florida – nestled between Fort Lauderdale and Miami on Broward County’s Atlantic coastline – enjoys lush beaches, historic neighborhoods such as Hollywood Lakes, and a vibrant tourism-driven economy. Yet its subtropical location also exposes local homeowners to hurricanes, windstorms, heavy rains, and flood-related losses year after year. In 2022 alone, the Florida Office of Insurance Regulation reported more than 105,000 residential property claims in Broward County. When the worst happens, Hollywood homeowners expect their insurer to live up to the promises printed in the policy they faithfully pay for. Unfortunately, many find themselves facing a sudden property insurance claim denial. This guide, written with a slant toward protecting policyholders, explains Florida-specific rules, timelines, and strategies so you can stand on equal footing with large carriers. Whether your home is in Emerald Hills, Hollywood Hills, or near the Broadwalk, the principles discussed here will help you navigate the claim process, appeal denials, and understand when to hire a Florida attorney.

Understanding Your Property Insurance Rights in Florida

Florida’s Legislature and courts have crafted a consumer-oriented framework that recognizes the vulnerability of property owners after a storm. Key rights include:

• Right to Prompt Communication – Fla. Stat. § 627.70131(1)(a) requires insurers to acknowledge your claim within 14 calendar days.

• Right to Timely Investigation – Under the same statute, carriers must begin an investigation within a reasonable time.

• Right to a Claim Decision – Fla. Stat. § 627.70131(5)(a) mandates payment or denial within 90 days after notice of loss, absent factors beyond the insurer’s control.

• Right to Accurate Policy Information – The Florida Administrative Code 69O-166.024 obligates carriers to provide certified copies of your policy upon request.

• Right to Independent Representation – Florida permits licensed public adjusters and attorneys to advocate on your behalf; an insurer cannot prohibit you from hiring them.

• Five-Year Statute of Limitations – Fla. Stat. § 95.11(2)(e) gives you up to five years from the date of breach (usually the denial) to file suit for breach of an insurance contract.

• Two-Year Notice Requirement – Separate from the lawsuit deadline, Fla. Stat. § 627.70132 requires initial notice of a hurricane or windstorm claim within two years of the date of loss, with a three-year window for supplemental claims.

Carriers must also follow fair-claims handling regulations enforced by the Florida Department of Financial Services (DFS). DFS can impose administrative penalties if an insurer engages in unfair claim settlement practices such as misrepresenting policy provisions or forcing you to litigate without reasonable grounds. Knowing these rights empowers Hollywood homeowners to push back when a denial is unfounded.

Common Reasons Property Insurance Companies Deny Claims in Florida

Florida insurers cite many reasons for denying or underpaying claims. The most frequent grounds include:

• Late Notice of Loss – Failing to report the damage within policy deadlines (often 72 hours for water leaks) or the statutory two-year timeframe for hurricane losses.

• Wear, Tear, or Maintenance Exclusion – Carriers argue the damage is long-term deterioration rather than a sudden covered event.

• Water Seepage Exclusion – Gradual water intrusion over more than 14 days may be excluded under typical policy language.

• Pre-Existing Damage – Insurers may rely on prior inspections or satellite imagery to claim the roof or structure was already compromised before the storm.

• Fraud or Material Misrepresentation – Any inaccuracies in the application or claim documentation can result in rescission or denial.

• Failure to Mitigate – Fla. Stat. § 627.701(4)(a) requires insureds to take “reasonable measures” to protect property from further damage (e.g., boarding windows, tarping roofs).

While some denials are legitimate, others stem from overly broad readings of exclusions or incomplete investigations. Homeowners should never assume the carrier’s first explanation is final.

Florida Legal Protections & Insurance Regulations

Several statutes and administrative rules give policyholders additional leverage:

• Civil Remedy Notice (CRN) – Under Fla. Stat. § 624.155, you can file a CRN with DFS alleging bad-faith claim handling. The insurer then has 60 days to cure the violation or face extra-contractual damages.

• Pre-Suit Notice for Residential Property Insurance – Effective 2021 (Fla. Stat. § 627.70152), a policyholder must send a 10-day pre-suit notice and a detailed estimate before filing suit. The insurer must respond with a settlement offer or demand for appraisal.

• Appraisal Clause Enforcement – Most Florida homeowner policies include an appraisal provision allowing each side to designate an appraiser; a neutral umpire sets the amount of loss if the two appraisers disagree. Florida courts generally compel appraisal when requested.

• Attorney’s Fees and Assignment of Benefits (AOB) – 2019 reforms (Fla. Stat. § 627.428 repealed & replaced by § 627.4281) linked attorney fee recovery to the difference between a pre-suit offer and judgment, but policyholders who sue directly still have a path to fees under § 627.428’s successor statute § 627.70152(8).

Florida Bar Licensing – Only lawyers licensed by the Florida Bar may provide legal advice in Florida. Out-of-state attorneys must obtain pro hac vice approval under Fla. R. Jud. Admin. 2.510.

Broward County courts follow statewide precedent, but local judges are particularly familiar with hurricane-related disputes. Published opinions such as Johnson v. Omega Insurance Co., 200 So. 3d 1207 (Fla. 2016) – which held that an insurer must prove prejudice before denying a claim for late notice – remain important tools for Hollywood policyholders.

Steps to Take After a Property Insurance Claim Denial in Florida

Receiving a denial letter can feel like a punch in the gut, but you still have options. Follow these steps to strengthen your position:

• Request the Full Claim File – Under Fla. Stat. § 626.9541(1)(i)3.c., you may request all adjuster reports, engineer findings, and photos used to deny your claim. Demand these documents in writing.

• Obtain an Independent Damage Estimate – Hire a licensed Florida public adjuster or contractor to prepare a thorough scope of repair. In Hollywood, experienced wind-mitigation contractors are abundant due to Broward’s building-code requirements.

• File a Supplemental Claim – If new evidence emerges, submit a supplemental claim. Florida law allows this for up to three years on hurricane losses.

• Consider Alternative Dispute Resolution (ADR) – Florida’s DFS offers a free mediation program under Fla. Stat. § 627.7015. Many Hollywood homeowners resolve disputes in the local DFS mediation center in Plantation.

• Serve a Civil Remedy Notice (if bad faith is suspected) – File a CRN through the DFS portal. Clearly describe the violation and relief sought.

• Prepare the 10-Day Pre-Suit Notice – If mediation fails, work with counsel to draft the notice required by § 627.70152. Attach your estimate and supporting documents.

• File Suit Within Deadlines – Protect the five-year statute by filing in Broward County Circuit Court or Southern District of Florida federal court (if diversity jurisdiction exists).

Document every communication. Keep photographs, invoices, and mitigation receipts organized – they’ll serve as powerful exhibits if litigation becomes necessary.

When to Seek Legal Help in Florida

Not every disagreement requires a courtroom battle, but certain red flags signal the need for an experienced Florida attorney:

• The insurer alleges fraud or intentional misrepresentation.

• You receive a Reservation of Rights letter.

• Your claim involves six-figure structural damage or total loss.

• The carrier invokes appraisal but refuses to name an umpire in good faith.

• Multiple experts hired by the insurer present conflicting reports.

• You suspect systemic underpayment affecting many Hollywood homeowners (potential class issues).

A lawyer can evaluate coverage defenses, preserve deadlines, and negotiate from a position of strength. In addition, Florida’s one-way attorney fee statute (as modified) still places pressure on insurers who wrongfully deny or underpay. Hiring counsel early may also prevent accidental waiver of claims during recorded statements or examinations under oath (EUO).

Local Resources & Next Steps

Hollywood residents have several free or low-cost resources:

DFS Insurance Consumer Helpline – File complaints, request mediation, or ask regulatory questions.

• Broward County Bar Association Lawyer Referral – Connects homeowners with vetted florida attorneys experienced in property claims.

• Hollywood Building Department – Provides copies of permits, inspections, and flood-zone data that can rebut “pre-existing damage” arguments.

• Florida Legal Aid (Broward) – Offers assistance to qualifying low-income residents for storm-related disputes.

Stay proactive: review your policy annually, photograph your home before hurricane season, and save digital backups of all documents. These simple habits can be priceless when adjusting a claim.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and every claim is unique. Consult a licensed Florida attorney regarding 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.