Property Damage Lawyer Guide: Property Insurance in Hollywood, Florida

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Located along Broward County’s Atlantic shoreline, Hollywood, Florida enjoys sea breezes, the Broadwalk, and a thriving residential community. Unfortunately, its coastal location also puts Hollywood homeowners in the crosshairs of hurricanes, windstorms, flooding, and plumbing failures. When disaster strikes, property owners depend on insurers to honor their policies. Yet hundreds of residents every year search online for “property insurance claim denial hollywood florida” after receiving lowball offers or outright denials. This action-oriented guide—written with a bias toward protecting policyholders—explains Florida-specific insurance laws, outlines common insurer defenses, and provides practical steps to contest unfair decisions. Whether your roof was damaged by Hurricane Ian’s lingering bands or a pipe burst on North 21st Avenue, the legal principles below apply throughout the state. We cite only authoritative sources such as Florida Statutes, court opinions, and publications from the Florida Department of Financial Services (DFS) so you can read the law for yourself.

Understanding Your Property Insurance Rights in Florida

1. The Insurance Contract Is a Binding Agreement

Under Florida law, a homeowners policy is a contract. According to Fla. Stat. § 627.401 et seq., insurers must follow the written terms and act in good faith when adjusting claims. If they fail, you may sue for breach of contract and, in some cases, bad-faith damages under Fla. Stat. § 624.155.

2. Florida’s Statute of Limitations

Time matters. Fla. Stat. § 95.11(2)(e) gives property owners five years from the date of loss to file a lawsuit for breach of an insurance contract. Missing that deadline usually bars recovery, so mark your calendar the moment damage occurs.

3. The Homeowner Claims Bill of Rights

Enacted in 2014 and codified at Fla. Stat. § 627.7142, the Homeowner Claims Bill of Rights requires insurers to:

• Acknowledge your claim within 14 days.

• Begin an investigation within 10 days after proof-of-loss statements are received.

• Pay or deny the claim within 90 days, unless factors outside the insurer’s control exist.

Violations can support a civil remedy notice and later bad-faith action.

4. Right to Independent Representation

Policyholders may hire a public adjuster or Florida attorney to assist at any stage. Attorneys must be licensed by the Florida Bar and in good standing under Bar Rule 1-3.2.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers cite many reasons when denying or underpaying claims, but the most frequent in Florida include:

• Water Damage Exclusions – Policies often distinguish sudden pipe bursts (covered) from long-term seepage (excluded). Insurers may argue the latter to limit payment.

• Windstorm Deductibles – Special “hurricane” deductibles apply from June 1 to November 30. If damage is below this higher threshold, the carrier may refuse coverage.

• Failure to Mitigate – Fla. Stat. § 627.70132 requires prompt notice (generally within one year for hurricanes) and reasonable steps to prevent further damage. Insurers sometimes allege homeowners waited too long or did not dry out a soaked interior.

• Alleged Fraud or Material Misrepresentation – Submitting inflated repair estimates can trigger a denial and policy rescission.

• Pre-Existing or Wear-and-Tear Damage – Carriers frequently claim roof leaks existed before a storm, shifting responsibility back onto the homeowner.

Many denials are based on ambiguous policy language. Under longstanding Florida precedent (e.g., State Farm v. Pridgen, 498 So.2d 1245, Fla. 1986), ambiguous provisions are construed in favor of the insured.

Florida Legal Protections & Insurance Regulations

1. DFS Mediation Program

The Florida Department of Financial Services offers a free, non-binding mediation program for residential property disputes under Fla. Stat. § 627.7015. Either party may request mediation once the claim is filed.

2. Appraisal Clause

Most policies contain an appraisal provision allowing each side to select an appraiser who then chooses an umpire. Appraisal can resolve value disputes without litigation, but it does not decide coverage issues.

3. Assignment of Benefits (AOB) Reform

Recent legislation (Fla. Stat. § 627.7152) curbs contractors’ ability to sue carriers directly. Homeowners still retain full rights to sue.

4. Attorney Fee Shifting

Under Fla. Stat. § 627.428 (policies issued before December 16, 2022) and the newly codified § 86.121, insurers may be required to pay the homeowner’s reasonable attorney fees if the homeowner prevails, incentivizing carriers to resolve meritorious claims promptly.

5. Civil Remedy Notice (CRN)

Before pursuing bad-faith damages, a policyholder must file a CRN with DFS under Fla. Stat. § 624.155, giving the insurer 60 days to cure the violation.

Steps to Take After a Property Insurance Claim Denial in Florida

• Review the Denial Letter Carefully Identify policy provisions cited. Compare them with your declarations page and endorsements. Look for ambiguous language.

• Gather Supporting Documentation Photographs, repair invoices, weather reports from the National Oceanic and Atmospheric Administration, and statements from neighbors can rebut an insurer’s theory.

• Request a Certified Copy of the Policy Fla. Admin. Code 69O-166.031 requires insurers to provide one upon request.

File a DFS Complaint You can submit a complaint online through the DFS Consumer Helpline. This often prompts a fresh review.

• Consider Mediation or Appraisal Mediation is free; appraisal may cost more but can speed up settlement. Consult counsel before signing an appraisal demand to avoid waiving coverage defenses.

• Send a 10-Day Notice Before Litigation Effective July 1, 2021 (Fla. Stat. § 627.70152), homeowners must give insurers a pre-suit notice with an itemized estimate. Failure to do so may delay litigation.

• File Suit Within Five Years If the carrier refuses to pay, a breach-of-contract action in Broward County Circuit Court may be necessary. Remember the five-year window from Fla. Stat. § 95.11(2)(e).

When to Seek Legal Help in Florida

While minor valuation disputes may resolve in mediation, certain red flags suggest you should speak with a florida attorney immediately:

• The insurer alleges fraud or misrepresentation.

• A weather-related denial contradicts local storm data.

• You face extensive mold, electrical, or structural damage exceeding $50,000.

• The carrier invokes complicated policy exclusions (e.g., anti-concurrent causation clauses).

• The denial arrives after the 90-day statutory deadline.

Florida attorneys working on property insurance disputes typically offer free consultations and contingency-fee arrangements, meaning no fees unless they recover money for you. Verify the lawyer’s license via the Florida Bar Member Search.

Local Resources & Next Steps for Hollywood Homeowners

1. Broward County Courthouse

All property insurance lawsuits for Hollywood residents are filed at 201 S.E. 6th Street, Fort Lauderdale, FL 33301.

2. City of Hollywood Building Department

Obtain permits, inspection reports, or prior roof certifications that may support your claim: 2600 Hollywood Blvd., Hollywood, FL 33020.

3. Emergency Mitigation Vendors

Choose licensed, insured vendors familiar with Florida’s Assignment of Benefits restrictions.

4. Educational Materials

Read the DFS’s Guide to Residential Property Insurance to understand coverage basics.

Disclaimer: This guide provides general information about Florida property insurance claims and laws. It is not legal advice. You should consult a licensed Florida attorney for advice specific to your situation.

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