Property Damage Lawyer & Property Insurance – Hollywood, FL

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Between the Atlantic hurricane seasons, subtropical humidity, and the steady pace of new construction, Hollywood, Florida homeowners face a unique array of property risks. Whether you live in historic Hollywood Lakes, a condo on Ocean Drive, or a single-family home west of I-95, storm damage, plumbing leaks, or mold can trigger an urgent need to file an insurance claim. Yet insurers frequently scrutinize South Florida claims more aggressively than in other regions, citing fraud concerns or high catastrophe exposure. If you have experienced a property insurance claim denial Hollywood Florida, this comprehensive guide explains how state law protects you, what deadlines apply, and when to bring in a property damage lawyer to defend your rights.

Written with a policyholder-first perspective, the information below is drawn exclusively from authoritative sources such as the Florida Statutes, Florida Administrative Code, published Florida court opinions, and guidance from the Florida Department of Financial Services (DFS). It is tailored to Hollywood residents but remains relevant to homeowners across the Sunshine State.

1. Understanding Your Property Insurance Rights in Florida

Key Statutory Protections

Florida’s Legislature has codified several safeguards for policyholders:

• Prompt Payment & Communication (Fla. Stat. § 627.70131) – Insurers must acknowledge receipt of a claim in 14 days and pay or deny undisputed amounts within 90 days.
• Appraisal & Mediation (Fla. Stat. § 627.7015) – Before litigation, homeowners may request DFS-sponsored mediation for most residential claims under $500,000.
• Civil Remedy Notice (Fla. Stat. § 624.155) – If an insurer acts in bad faith, the policyholder must file a Civil Remedy Notice (CRN) with DFS and grant the carrier 60 days to cure.
• Statute of Limitations (Fla. Stat. § 95.11(2)(e)) – A five-year window applies to lawsuits for breach of a property insurance contract (measured from the date of loss).

Your “Bill of Rights” from the Florida Department of Financial Services

DFS publishes a Homeowner Claims Bill of Rights mandating that insurers:

• Respond promptly to communications.
• Explain coverage decisions in writing.
• Provide reasonable estimates if requested.
• Offer mediation or appraisal when disputes arise.

You can download the full document or speak with DFS consumer services at 1-877-693-5236. Florida Homeowner Claims Bill of Rights### Policyholder Rights Unique to Condominiums

Hollywood’s beachfront and downtown corridors include many condominium associations (HOAs). Unit owners should know:

• HOAs insure common elements; the unit owner insures from the “wall in” (Fla. Stat. § 718.111(11)).
• HOAs must provide a copy of their master policy upon written request within 30 days.
• Unit owners may sue the HOA and the insurer if the association fails to submit the master claim.

2. Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers cite dozens of reasons to reduce or deny payment. Below are the most frequent in Hollywood and wider Broward County, along with policyholder responses:

“Late Notice”

Carriers often argue the homeowner reported damage too late, impairing their investigation. But the Florida Supreme Court in American Integrity v. Estrada (2021) placed the burden on the insurer to prove prejudice, not merely delay.

“Wear and Tear” Exclusions

Policies exclude gradual deterioration. However, if sudden damage (e.g., a pipe burst) triggers subsequent deterioration, the ensuing loss is usually covered. Florida’s concurrent causation doctrine can require payment when a covered peril is an efficient proximate cause.

Water Damage Over 14 Days

Since 2017, many policies limit water losses present for more than 14 days. Yet homeowners can counter by providing moisture-mapping and mold testing to pinpoint dates of origin.

Mold and Fungus Limits

Mold sub-limits (often $10,000) don’t apply if mold stems from a covered peril (hurricane roof breach). Disputes hinge on causation evidence.

“Failure to Mitigate”

Florida law requires reasonable steps to prevent further damage. Promptly tarp roofs and hire restoration professionals; document all receipts.

Estimating Disputes

Hollywood homeowners frequently see “lowball” estimates using prices far below Broward County’s labor rates. Invoke the policy’s appraisal clause or hire your own licensed public adjuster.

3. Florida Legal Protections & Insurance Regulations

Overview of Florida Insurance Law and Regulation

The Office of Insurance Regulation (OIR) approves rates and forms, while DFS regulates market conduct. Recent legislative reforms include:

• SB 2-A (2022 Special Session) – Reduces attorney fee multipliers but preserves homeowners’ right to recover reasonable fees for bad-faith suits.
• Assignment of Benefits (AOB) Reform, HB 7065 (2019) – Imposes strict notice and pre-suit requirements on contractors signing AOBs, protecting policyholders from inflated invoices.

Broward County Building Codes & Their Legal Impact

Broward County’s “High Velocity Hurricane Zone” (HVHZ) requires impact-rated glazing and roof coverings. If repairs must follow updated codes after a loss, the Ordinance or Law endorsement can cover added costs—often overlooked in initial insurer estimates.

Attorney Licensing & Ethical Duties

Any Florida attorney representing you must be actively licensed with The Florida Bar and carry trust-account insurance for settlement funds. Contingency fees are governed by Rule 4-1.5(f)(4)(B) of the Florida Rules of Professional Conduct.### Bad-Faith Remedies

After filing a Civil Remedy Notice and waiting 60 days, homeowners may sue for bad faith under Fla. Stat. § 624.155 if the carrier fails to cure. Damages can include amounts exceeding policy limits plus attorney’s fees.

4. Steps to Take After a Property Insurance Claim Denial in Florida

1 – Review the Denial Letter Thoroughly

Insurers must provide an explicit written explanation citing policy language (§ 627.70131(7)). Highlight clauses referenced.

2 – Order a Certified Copy of the Policy

You’re entitled to request it at no charge (Florida Administrative Code 69O-166.031).

3 – Gather Evidence

• Time-stamped photos/videos of damage.
• Repair receipts and mitigation invoices.
• Moisture readings, air-quality tests, or engineering reports.

4 – File a Re-opened or Supplemental Claim

Under Fla. Stat. § 627.70132 you have up to three years from the date of hurricane landfall (or tornado event) to file initial, reopened, or supplemental claims related to that event.

5 – Demand DFS Mediation or Invoke Appraisal

Send a written request. Insurers must pay the $300 DFS mediation fee for first-party residential claims.

6 – Consider a Civil Remedy Notice

File online through DFS’s portal. The insurer then has 60 days to cure.

7 – Litigation Deadlines

Keep the five-year statute of limitations in mind. Some recent laws shortened notice deadlines, but they do not reduce the filing limitations period for breach of contract.

5. When to Seek Legal Help in Florida

Signs You Need a Property Damage Lawyer Near You

• The insurer ignores or delays beyond statutory deadlines.
• Their estimate is far lower than independent contractor quotes.
• They cite complex exclusions (“earth movement,” “water seepage”).
• You receive a “reservation of rights” letter threatening fraud allegations.
• You’re asked to sit for an Examination Under Oath (EUO) without counsel.

Benefits of Hiring a Hollywood-Based Lawyer

A local attorney understands Broward’s circuit courts, judges, and jury pools. They can also coordinate inspections quickly, preserving evidence in Florida’s humid climate where mold growth accelerates.

Attorney Fees and Costs

Florida permits contingency fees, usually 20–33⅓ % pre-suit and 30–40 % if litigation is filed. Under Fla. Stat. § 627.428 (still applicable to policies issued before December 16, 2022) prevailing policyholders may recover reasonable attorney’s fees from the insurer—greatly leveling the playing field.

6. Local Resources & Next Steps

Government & Non-Profit Help

Florida Department of Financial Services Consumer Services – File complaints, request mediation, verify adjuster licenses.Broward County Clerk of Courts – Search case dockets or file pro se complaints.City of Hollywood Building Division – Obtain permits, inspection reports, or flood-zone maps useful for claims.- Broward County Bar Association Lawyer Referral Service – Find a vetted Florida attorney focusing on property insurance.

Community Preparedness

Join Hollywood’s Community Emergency Response Team (CERT) to learn how to document damages safely after storms and satisfy your policy’s mitigation duties.

Checklist for Hollywood Homeowners

• Save a digital copy of your policy annually.
• Photograph each room & major appliances.
• Keep receipts for roof or plumbing maintenance.
• Store contact info for licensed contractors and a mold assessor.
• Program the DFS helpline and your lawyer’s number into your phone.

With preparation, you can respond swiftly if the unthinkable happens.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and each claim is fact-specific. Consult a licensed Florida attorney to evaluate your individual situation.

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