Lawyers for Property Insurance: Hollywood, Florida Guide

Introduction: Why Claim Denials Matter to Hollywood Homeowners

From Emerald Hills to Hollywood Beach, more than 150,000 residents call Hollywood, Florida home. Broward County’s coastal location gives us beautiful ocean breezes—and exposes our roofs, plumbing, and electrical systems to hurricanes, king-tide flooding, and year-round humidity. Because the median single-family home value in Hollywood now exceeds $450,000, most mortgages require robust property insurance. Yet even after paying premiums for years, many policyholders experience a property insurance claim denial hollywood florida. A 2022 report by the Florida Office of Insurance Regulation showed that Broward County accounted for nearly 8 % of all disputed homeowner claims in the state.

This guide is designed for Hollywood homeowners who want to fight back. Drawing only from authoritative sources—Florida Statutes, Florida Department of Financial Services (DFS) bulletins, and published Florida case law—it explains your rights, the common tactics insurers use to deny or underpay, and the precise steps to take. While slightly biased toward protecting policyholders, every fact has been verified. Whether you live near the historic Hollywood Boulevard or the Lakes Section, you will leave with actionable knowledge on Florida deadlines, documentation tips, and when to retain a florida attorney to enforce your policy.

Understanding Your Property Insurance Rights in Florida

1. The Policy Is a Contract—And Florida Law Enforces It

Your homeowner’s policy is governed by contract law. Under Fla. Stat. § 95.11(2)(b), you generally have five years from the date of breach to file suit for unpaid benefits. If the loss involves a hurricane or other windstorm event, additional notice deadlines apply (see below).

2. Homeowner Claims Bill of Rights

Florida enacted the Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142) to inform policyholders of key protections:

• Insurer must acknowledge your claim within 14 days of receipt.

• Insurer must begin investigation within 10 days after you submit proof-of-loss documents.

• Full payment, partial payment, or denial must be sent within 60 days unless factors beyond the insurer’s control exist.

• You may obtain free DFS mediation if the claim is disputed.

3. One-Year Notice Deadline for Most Claims

As of 2023, Fla. Stat. § 627.70132 requires homeowners to give written notice of property claims within one year of the date of loss (18 months for supplemental claims). Failure to comply can bar recovery, so quick action after a storm like Hurricane Ian or a plumbing burst on North 46th Avenue is crucial.

4. Protection Against Unfair Claim Practices

The Unfair Insurance Trade Practices Act (Fla. Stat. § 626.9541) prohibits insurers from:

• Misrepresenting policy provisions.

• Failing to adopt reasonable claim handling standards.

• Denying claims without conducting a proper investigation.

• Making lowball offers that force litigation.

If the carrier violates these provisions, you may recover extra-contractual damages or attorney’s fees under Fla. Stat. § 627.428.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers rarely use the word “profit” in denial letters, yet every unpaid claim benefits their bottom line. Hollywood residents routinely see the following explanations:

• Late Notice: The carrier argues the claim was not reported within one year under § 627.70132. If you have documentation showing earlier notice, attach it in any dispute.

• Wear and Tear: Roof leaks near Hollywood Hills Elementary? The adjuster may attribute damage to age instead of Hurricane Irma. Florida courts require the insurer to prove exclusionary defenses—use that in negotiations.

• Cosmetic Damage Exclusion: Some policies exclude non-structural blemishes. However, if cosmetic issues allow water intrusion, coverage may still apply.

• Concurrent Causation: Insurers often invoke “pre-existing damage” to split causation. Florida’s appellate courts have ruled that if any covered peril contributes to a loss, coverage may trigger unless the policy’s anti-concurrent clause is crystal clear.

• Failure to Mitigate: Under policy duties, homeowners must prevent further damage. Place tarps, shut off water mains, and keep receipts from Home Depot on Sheridan Street to rebut this argument.

• Alleged Material Misrepresentation: Innocent mistakes on a proof-of-loss do not automatically void coverage. The misrepresentation must be intentional and material under Fla. Stat. § 627.409.

Understanding these tactics prepares you to respond with evidence rather than frustration.

Florida Legal Protections & Insurance Regulations

1. Time Frames Insurers Must Follow

• 14 Days: Acknowledge claim.

• 7 Days: Provide loss adjustment guide after request.

• 60 Days: Pay or deny after receiving sworn proof-of-loss. (Fla. Stat. § 627.70131).

2. DFS Mediation and Neutral Evaluation

The Florida Department of Financial Services offers free mediation for residential property disputes up to $500,000, and neutral evaluation for sinkhole claims. Participation is non-binding: if mediation fails, you can still litigate.

3. Attorney’s Fees and Bad Faith

Under Fla. Stat. § 627.428, policyholders who win even $1 more than the insurer’s pre-suit offer may recover reasonable attorney’s fees. Additionally, § 624.155 allows bad-faith actions if the carrier fails to settle when it could and should have done so.

4. Assignment of Benefits (AOB) Restrictions

Recent Florida reforms limit AOBs. While contractors can still receive direct payment, homeowners must sign a detailed AOB form, and suits under an AOB must follow strict notice and presuit settlement rules.

5. Licensing of Florida Attorneys and Public Adjusters

• All lawyers giving legal advice in Florida must be members in good standing of The Florida Bar (Rule 1-3.2).

• Public adjusters must hold a license issued by DFS under Fla. Stat. § 626.854 and may charge up to 10 % of a claim from a declared emergency.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Line-by-Line

Highlight policy provisions cited. Denials must reference the specific section relied upon. If the letter simply says “wear and tear,” request clarification in writing.

2. Gather and Organize Evidence

• Photos from the date of loss and before/after images.

• Repair invoices—especially useful if you hired a roofing company off Johnson Street.

• Correspondence logs: dates, names, and phone numbers of every adjuster.

3. Obtain an Independent Estimate

Licensed Florida contractors or public adjusters in Broward County can provide impartial scope and cost reports. Compare their line items with the insurer’s estimate.

4. Request DFS Mediation

File DFS-I3-DW form online. The program schedules mediation—often at the Plantation DFS office—for disputes under $500,000. Insurers must pay their representative’s fee; you pay nothing.

5. Send a Written Notice of Intent to Initiate Litigation (NOI)

Effective 2022, Fla. Stat. § 627.70152 requires an NOI at least 10 business days before suing. Attach an itemized pre-suit demand and any expert reports.

6. Preserve the Statute of Limitations

Remember the general five-year breach-of-contract limitation in § 95.11(2)(b) and the one-year notice rule in § 627.70132. Filing suit in Broward County Circuit Court (17th Judicial Circuit) tolls both deadlines.

When to Seek Legal Help in Florida

Not every dispute requires an attorney, but many do. Consult a florida attorney if:

• The carrier alleges fraud or misrepresentation.

• Structural damage exceeds $50,000 or may trigger building-code upgrades under Hollywood’s enforcement of the Florida Building Code.

• You receive multiple requests for examinations under oath (EUO).

• DFS mediation fails or the insurer refuses to mediate.

Florida lawyers work on contingency fees (usually 10-20 % if settled pre-suit, 30-40 % if litigated). Because attorney’s fees can shift to the insurer under § 627.428, many firms advance all costs.

Local Resources & Next Steps

1. Broward County Property Appraiser

Download property cards and historical photos to prove pre-loss condition: bcpa.net.

2. City of Hollywood Building Division

Obtain permits, inspection reports, and flood-zone maps: hollywoodfl.org/155/Building.

3. Disaster Recovery Centers

After major storms, FEMA and the State open temporary centers—commonly at TY Park or the Orangebrook Golf & Country Club clubhouse—offering in-person help.

4. Community Legal Aid

Legal Aid Service of Broward County (lasoc.org) provides free counsel to qualifying residents on insurance claim disputes.

5. Checklist for Hollywood Homeowners

• Report the loss in writing immediately.

• Document with time-stamped photos and videos.

• Mitigate: tarps, water extraction, board-ups.

• Track every phone call and email.

• Consult licensed professionals for second opinions.

• Mark your calendar for the one-year and five-year deadlines.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change. For advice on your specific situation, consult a licensed Florida attorney.

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