Property Damage Lawyer Near Me: Property Insurance Guide for Hollywood, Florida

Introduction: Why This Guide Matters to Hollywood Homeowners

Hollywood, Florida sits on the Atlantic coast just south of Fort Lauderdale, putting local homeowners at the front line of hurricanes, tropical storms, and the sudden downpours that give Broward County its lush greenery. When winds rip off roof shingles on North 35th Avenue or a plumbing line bursts in a Hollywood Lakes bungalow, most residents turn to their property insurance carrier for help. Unfortunately, claim denials and underpayments remain common across the state, and property insurance claim denial hollywood florida searches have soared since Hurricane Irma and, more recently, Hurricane Ian. This comprehensive guide was created for Hollywood homeowners who need clear, Florida-specific information about their rights, deadlines, and options after storm, fire, water, or vandalism losses. Written with a slight bias toward protecting policyholders, it draws solely from authoritative sources such as the Florida Statutes, Florida Department of Financial Services (DFS) regulations, and published opinions of Florida courts.

Understanding Your Property Insurance Rights in Florida

Florida’s Homeowner Bill of Rights (Fla. Stat. § 627.7142)

Under Florida law, homeowners receive a written “Homeowner Claims Bill of Rights” within 14 days after submitting a claim. Key protections include:

• The insurer must acknowledge and begin investigating your loss within 14 days.

• Full payment, partial payment, or denial must be issued within 90 days of receiving your proof-of-loss statements, unless the failure to pay is due to uncontrollable factors as defined in statute.

• You have the right to seek mediation or appraisal to resolve disputes.

Time Limits to File and Litigate Claims

• Filing a claim: For losses occurring on or after January 1, 2023, Florida’s revised Fla. Stat. § 627.70132 allows one year to file an initial or reopened claim and 18 months to file a supplemental claim.

• Suing the insurer: An action for breach of a written insurance contract must be brought within five years (Fla. Stat. § 95.11(2)(b)).

Your Right to Prompt, Fair Adjustment

Florida Administrative Code Rule 69O-166.024 requires insurers to adopt and implement reasonable standards for prompt claim handling. Delays, repeated requests for the same documents, or failure to explain coverage decisions may constitute “unfair claim settlement practices” under Fla. Stat. § 626.9541.

Appraisal & Mediation Options

Most policies sold in Hollywood include an appraisal clause. When triggered by either party, each side selects an appraiser; the appraisers choose a neutral umpire to determine the amount of loss. Alternatively, DFS offers a state-run mediation program for residential property disputes below $50,000 (Florida DFS Mediation Program).

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Late Notice of Loss

Insurers often cite late reporting, especially if damage is discovered long after a storm. While Hollywood’s high humidity can hide slow roof leaks, remember the one-year statutory deadline now in force.

2. Alleged Wear and Tear or Pre-Existing Damage

Carriers may claim that cracked stucco or tile damage on Johnson Street stems from age. Florida case law (e.g., Citizens Prop. Ins. Corp. v. Vazquez, 304 So.3d 1280, Fla. 3d DCA 2020) shows courts scrutinize whether an insurer proved the exclusion applies. Detailed inspections and historical photos help rebut such arguments.

3. Water Damage Exclusions and Caps

Policies sold after 2016 may limit coverage for water discharged over 14 days. Hollywood’s older “1-story CBS” homes are particularly vulnerable to slab leaks, so review any sub-limits in Section I Perils Insured Against.

4. Failure to Mitigate

Under Fla. Stat. § 627.701(4)(a), policyholders must take reasonable steps to protect property from further harm. Insurers sometimes deny claims by alleging homeowners failed to dry out carpets or tarp the roof. Keep receipts for temporary repairs—Florida courts commonly uphold reimbursement for mitigation expenses.

5. Misrepresentation or Alleged Fraud

Suspected inflation of repair costs can trigger a denial under the “Concealment or Fraud” clause. Avoid estimates from unlicensed contractors, and provide honest, consistent statements in your recorded interview.

Florida Legal Protections & Insurance Regulations

Statutory Bad Faith (Fla. Stat. § 624.155)

If an insurer fails to settle a claim when it could have and should have done so, the policyholder may pursue a bad-faith action. A civil remedy notice (CRN) must first be filed with DFS, giving the carrier 60 days to cure.

Assignment of Benefits (AOB) Reform

Senate Bill 2A (2022) sharply curtailed AOB agreements for property insurance policies issued after January 1, 2023. Hollywood homeowners now sign their own contracts with mitigation companies, reducing the risk of insurer disputes over inflated invoices.

Attorney Fees & the New One-Way Statute

Prior law gave policyholders one-way attorney fee shifting (Fla. Stat. § 627.428). SB 2A repealed this for new lawsuits filed after December 16, 2022, except for certain surplus lines. While fees are no longer automatic, courts may still award them under Fla. Stat. § 57.105 or proposals for settlement.

Notice of Intent to Initiate Litigation (NOIL)

Before suing, an insured must serve a NOIL at least 10 business days prior, including an itemized estimate and requested amount (Fla. Stat. § 627.70152). The insurer then has 10 days to inspect and respond.

Florida Department of Financial Services Oversight

DFS licenses adjusters and investigates consumer complaints. Hollywood residents can file a complaint or request mediation through the DFS helpline at 1-877-693-5236 or online at myfloridacfo.com.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Carefully Review the Denial Letter

Insurers must cite specific policy language and factual reasons. Highlight each exclusion referenced.

2. Gather Evidence

• Photos or videos from immediately after the loss.

• Roof, plumbing, or mold inspection reports.

• Receipts for emergency repairs and mitigation.

• Communications with the adjuster (emails, text messages, voicemails).

3. Request the Claim File

Under Fla. Stat. § 627.4137, policyholders are entitled to certain policy documents. Many insurers voluntarily provide adjuster notes and engineering reports upon written request.

4. Consider Appraisal or Mediation

If the dispute is the amount of loss—not coverage—invoke appraisal in writing. For coverage disputes below $50,000, DFS mediation is free to you.

5. Serve a Notice of Intent to Initiate Litigation

Your florida attorney can prepare a NOIL with a detailed estimate from a licensed contractor. Do not skip this step; courts dismiss lawsuits filed without it.

6. Calendar Critical Deadlines

Remember: one year to reopen a claim and five years to sue. Hollywood residents juggling repairs and family obligations should consider using digital reminders or hiring counsel early.

When to Seek Legal Help in Florida

Complex or High-Value Losses

Luxury homes along South Northlake Drive often carry replacement costs exceeding $1 million. Disputes involving code upgrades or ordinance and law coverage warrant professional legal review.

Pattern of Delay or Lowball Offers

If your insurer keeps requesting the same documents or issues a payment that barely covers your deductible, counsel can leverage Fla. Stat. § 624.155 to pressure a fair settlement.

Suspected Bad Faith

An attorney can file the required CRN and, if necessary, pursue damages beyond policy limits.

Licensing Rules for Florida Attorneys

Only lawyers admitted to The Florida Bar may provide legal advice on property claims in Florida (Rule 4-5.5, Rules Regulating The Florida Bar). Confirm licensure at The Florida Bar’s Official Search.

Local Resources & Next Steps

Hollywood-Specific Contacts

• City of Hollywood Building Division: 954-921-3335 – obtain building permits and inspection reports used to prove code compliance.

• Broward County Property Appraiser: 954-357-6830 – access historical property data and aerial photographs helpful in claim disputes.

• South Florida Water Management District: flood zone maps for homeowners near the C-10 Canal.

Free Consumer Assistance

• DFS Consumer Helpline (1-877-693-5236).

• Legal Aid Service of Broward County for income-qualified residents.

• University of Florida IFAS Extension—post-storm mold and moisture remediation guidance.

Practical Checklist

• Read the denial letter line-by-line.

• Request a certified copy of your full policy.

• Document all repairs with dated photos.

• Call licensed contractors for independent estimates.

• Contact a qualified property damage lawyer if the insurer refuses to reverse its denial.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Every claim is different. Consult a licensed Florida attorney before making legal decisions.

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