Property Damage Lawyer Near Me: Hollywood Insurance Guide

Introduction: Property Insurance Challenges for Hollywood Homeowners

Nestled between Fort Lauderdale and Miami, the City of Hollywood, Florida enjoys ocean breezes, historic districts, and easy access to Atlantic beaches. Yet every Atlantic hurricane season reminds Hollywood homeowners how vulnerable property can be to wind, rain, and flood. Broward County recorded more than 45,000 insurance claims after Hurricane Irma alone, and many policyholders saw their claims delayed, underpaid, or denied outright. If you searched online for a "property damage lawyer near me," you already suspect the process is stacked against consumers. This guide—written with a bias toward protecting policyholders—explains Florida-specific insurance laws, common insurer tactics, and the steps Hollywood residents can take to enforce their rights. At more than 2,500 words, it is designed to be a one-stop reference so you can move from frustration to action.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract

Under Florida contract law, an insurance policy is a binding agreement. Once you pay premiums, the insurer owes you a duty of good faith and must follow both the written policy and Florida statutes. When a carrier breaches that duty, you may sue for damages within the five-year statute of limitations for written contracts (Fla. Stat. §95.11(2)(b)).

2. The 90-Day Decision Rule

Florida Statute §627.70131(7)(a) requires insurers to pay or deny a residential property claim within 90 days after receiving proof-of-loss statements, unless prevented by factors beyond their control. If the carrier misses the deadline, interest on any benefits owed begins to accrue automatically.

3. Right to a Detailed Denial Letter

Fla. Admin. Code 69O-166.024 obligates insurers to provide a written explanation of denial that references specific policy language. If your letter lacks detail, you can demand a revised version.

4. Bad-Faith Remedies

Florida’s Civil Remedy statute (§624.155) allows policyholders to file a Civil Remedy Notice (CRN) with the Department of Financial Services (DFS) when an insurer fails to settle claims in good faith. After a CRN is filed, the carrier has 60 days to cure the violation or risk extra-contractual damages.

5. Neutral Evaluation & Mediation Programs

For sinkhole and disputed property damage claims, DFS offers state-sponsored mediation. Participation is voluntary for the homeowner but mandatory for the insurer once properly requested.

Common Reasons Property Insurance Companies Deny Claims in Florida

Denial letters frequently rely on boilerplate language. Understanding the real motive behind each reason helps you challenge the decision effectively.

• Late Notice – Insurers may argue you failed to report damage "promptly" or "within a reasonable time." Florida courts generally require carriers to prove they were prejudiced by any delay, so late notice is not an automatic bar to recovery.

• Wear and Tear – Everyday deterioration is excluded, but consequential damage from a covered peril (e.g., wind that tears an old roof, allowing rain in) may still be compensable.

• Pre-Existing Damage – Carriers sometimes label fresh hurricane damage as "pre-existing." Photographs, inspection reports, or neighbor testimony can rebut that claim.

• Improper Maintenance – Insurers cite policy clauses requiring reasonable upkeep. The standard is what an ordinary homeowner would do, not perfection.

• Water Damage Exclusions – Many policies differentiate between flood (excluded unless you have NFIP coverage) and windswept rain (generally covered). A denial that lumps the two together may be flawed.

• Misrepresentation or Fraud – A serious accusation. Carriers must have clear evidence. Innocent mistakes on paperwork rarely meet the statutory threshold for voiding a policy.

Florida Legal Protections & Insurance Regulations

Statutory Deadlines That Protect You

• Notice of Claim: Must generally be given within two years of the date of loss for hurricane and windstorm events (§627.70132).

• Statute of Limitations: You have five years from the date of breach (often the denial date) to file suit (§95.11(2)(b)).

• Prompt Payment: Insurers must pay undisputed amounts within 90 days of proof of loss (§627.70131).

The "One-Way" Attorney Fee Statute

Until December 2022, Florida’s one-way fee statute (§627.428) required insurers to pay the homeowner’s reasonable attorney fees when the homeowner prevailed in court. While recent legislative reforms have limited its application, policies issued before March 1, 2023, are largely grandfathered. Verify the issue date on your declarations page.

Assignment of Benefits (AOB) Reform

Florida’s 2019 AOB law (§627.7152) curbed abuses by contractors but preserved owners’ rights to select vendors and pursue claims directly. If you signed an AOB, confirm the contractor met statutory notice requirements or the insurer may reject the claim.

Regulation & Oversight

The Florida Office of Insurance Regulation (OIR) oversees carrier solvency, while DFS handles consumer complaints. You can file a grievance online through DFS’s Insurance Consumer Helpline.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Certified Copy of Your Policy

Under §627.4137, your insurer must provide a certified policy within 30 days of a written request. Having the full language—not just the declarations page—lets you pinpoint favorable terms.

2. Gather Independent Evidence

• Photos & Video: Document before-and-after images. Hollywood’s subtropical climate accelerates mold growth, so act quickly.

• Expert Reports: Roofers, engineers, or public adjusters can provide unbiased damage assessments.

• Weather Data: Secure NOAA or National Hurricane Center reports showing storm intensity when damage occurred.

3. File an Internal Appeal

Even if the policy does not require it, submitting a written rebuttal can trigger managerial review. Cite policy sections and attach evidence. Keep communication in writing.

4. Demand DFS Mediation

Fill out DFS Form DFS-I0-M9-2009 and pay a modest fee (often waived). Most sessions occur virtually but can be scheduled in Broward County, a short drive from downtown Hollywood.

5. Send a Civil Remedy Notice (CRN)

If mediation fails, upload a CRN through DFS’s portal. The notice must specify facts and statutes violated. Consult a Florida attorney—errors can invalidate your claim.

6. Consider Appraisal

Many policies include an appraisal clause. Each side picks an appraiser; the two appoint an umpire. The process is faster than litigation but may waive certain legal claims, so obtain counsel first.

7. File Suit Before Deadlines Expire

Litigation in Broward County Circuit Court (17th Judicial Circuit) typically begins with a complaint for breach of contract. Your lawyer may also plead statutory bad faith under §624.155 after satisfying CRN prerequisites.

When to Seek Legal Help in Florida

Licensing & Qualifications

Attorneys must be licensed by the Florida Bar and in good standing to represent you in state court. Verify any "property damage lawyer near me" through the Bar’s searchable database.

Red Flags Requiring Counsel

• The insurer alleges fraud or material misrepresentation.

• Repair estimates differ by more than 20%.

• You receive multiple requests for recorded statements or EUOs (Examinations Under Oath).

• A statute-of-limitations date is approaching.

• Mortgage companies threaten foreclosure due to unrepaired damage.

Contingency Fee Rules

Florida attorneys may charge contingency fees in property cases, but they must comply with Rule 4-1.5(f) of the Florida Rules of Professional Conduct, capping fees at 33⅓% to 40% depending on litigation stage.

Local Resources & Next Steps

Government & Non-Profit Help

Broward County Hurricane Preparedness – Mitigation grants and debris-removal guidelines.

• City of Hollywood Building Division – Permit records and post-storm inspection reports (2600 Hollywood Blvd., Room 320).

• Legal Aid Service of Broward County – Income-qualified homeowners can obtain free consultations on insurance disputes.

Checklist for Hollywood Homeowners

• Mark the date of loss and date of denial on your calendar.

• Download a certified policy copy within 30 days.

• Schedule at least one independent inspection in the first two weeks after denial.

• Initiate DFS mediation if no resolution within 30 days of your appeal.

• Consult a licensed Florida attorney no later than 60 days before any statutory deadline.

Hollywood-Specific Examples

• A Lakes of Emerald Hills homeowner recovered $98,000 after appraisal forced the insurer to acknowledge hidden water intrusion. • A North Beach condo unit owner used DFS mediation to turn an initial $4,500 offer into $22,700 without filing suit. • A Hollywood Hills resident filed a CRN and settled for policy limits when the carrier failed to pay the undisputed roof portion within 90 days.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and the application of law depends on specific facts. Always consult a licensed Florida attorney regarding your particular situation.

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