Attorney: Property Insurance Denials in Hollywood, Florida

Introduction: Why This Guide Matters to Hollywood Homeowners

Life in Hollywood, Florida—nestled between Miami and Fort Lauderdale—offers sun-soaked beaches, historic districts such as Hollywood Lakes, and the ever-present threat of hurricanes, windstorms, and sudden summer downpours. Broward County consistently ranks among the most hurricane-prone regions in the nation, and local homeowners know that one severe weather event can transform a dream property into a costly repair project overnight. When disaster strikes, you expect your insurer to honor the premiums you have paid for years. Far too often, however, policyholders experience a property insurance claim denial or a lowball settlement offer.

This comprehensive guide is tailored to Hollywood homeowners who want to understand Florida insurance law, spot improper claim denials, and know exactly when to bring in a Florida attorney to protect their rights. The information is drawn exclusively from authoritative sources such as the Florida Statutes, the Florida Department of Financial Services (DFS), the Florida Office of Insurance Regulation, and published court opinions. Our goal is to tilt the balance slightly toward policyholders by revealing every right and remedy the law provides.

Understanding Your Property Insurance Rights in Florida

Key Statutory Rights Under Florida Law

Florida’s legislature has recognized the unequal bargaining power between large insurance companies and individual homeowners. Several statutes specifically protect you:

Prompt Claim Handling – Florida Statute §627.70131 requires insurers to acknowledge, investigate, and pay or deny claims within specific time frames (including paying undisputed amounts within 90 days).

• Notice of Claim Window – After SB 76 (2021), homeowners generally have two years from the date of loss to give written notice of a property insurance claim. Supplemental or reopened claims must be filed within three years. This deadline is separate from the lawsuit time limit.

Statute of Limitations to Sue – Under Florida Statute §95.11(2)(e), an action for breach of a written insurance contract must be filed within five years of the date the insurer breached (usually the date of denial or underpayment).

• Policyholder’s Bill of Rights – The DFS publishes an administrative Homeowner Claims Bill of Rights outlining your right to free mediation, transparent communications, and prompt progress updates.

The Good-Faith Obligation

Even when not spelled out in your policy, Florida law imposes a duty of good faith and fair dealing. If an insurer fails to settle a claim when it could and should have done so, you may bring a separate bad-faith claim under §624.155 after satisfying the 60-day Civil Remedy Notice procedure with the DFS.

Your Right to Appraisal or Mediation

Most Florida policies contain an appraisal clause. Either side can invoke appraisal to resolve valuation disputes. Separately, the DFS offers free, non-binding State-Sponsored Mediation for residential property claims under §627.7015 if the amount in dispute is less than $500,000. Knowing these options can help you avoid litigation expenses.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers typically couch denials in policy language. Below are recurring rationales homeowners in Hollywood encounter:

• Late Notice – The carrier argues the claim was not reported “promptly,” violating the Duties After Loss section. Under Florida case law (e.g., Bankers Ins. Co. v. Macias, 475 So. 2d 1216), the insurer must still show prejudice from late notice—yet many denials cite delay without evidence.

• Excluded Peril – Wind-driven rain, flood, earth movement, or wear-and-tear exclusions are favorite tools. Insurers may overlook concurrent causation doctrine, which states that when two causes (one covered, one excluded) combine, coverage can still apply.

• Pre-Existing Damage – Adjusters sometimes attribute damage to long-standing roof deterioration, ignoring storm date photos or weather reports.

• Insufficient Documentation – A denial may claim the homeowner failed to provide receipts, proof of loss, or allow inspections, even when the homeowner was cooperative.

• Fraud Allegations – In extreme cases, companies assert material misrepresentation, voiding the entire policy. While fraud is serious, carriers occasionally use the threat to pressure claimants into accepting lower settlements.

Hollywood-Specific Examples

Recent Broward County storms (such as the April 2023 flooding event) produced surge-like conditions. Several Hollywood residents received denial letters asserting that damage was from “surface water” (an excluded peril) even though meteorological data showed 100-mph wind gusts uprooting shingles before flooding occurred. Understanding how insurers justify exclusions prepares you to gather the right evidence.

Florida Legal Protections & Insurance Regulations

Overview of Regulatory Agencies

Florida Office of Insurance Regulation (OIR) – Approves policy forms and monitors solvency. Florida OIR website. Florida Department of Financial Services (DFS) – Handles consumer complaints, mediations, and the Civil Remedy Notice database. DFS Consumer Services.

• Broward County Consumer Protection Division – Assists residents facing unfair business practices, including insurance issues.

Recent Legislative Changes Impacting Policyholders

• SB 76 (2021) – Imposed the two-year notice window, reduced the attorney fee multiplier, and added presuit notice requirements for plaintiffs.

• HB 7065 (2019) – Curtailed Assignment of Benefits (AOB) abuse by requiring written, itemized contracts and notice to carriers.

• SB 2-A (2022 Special Session) – Eliminated one-way attorney fees for many property claims but preserved them for declaratory judgment actions.

Attorney Licensing & Ethical Rules

Only a member in good standing with The Florida Bar may give legal advice or represent you in court. Lawyers must comply with the Rules Regulating The Florida Bar and carry trust accounting safeguards. If you hire out-of-state counsel, they must associate with a Florida-licensed attorney via pro hac vice motion.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Line-by-Line

Florida statutes require carriers to provide a “reasonable explanation” for denial. Highlight every policy clause cited. Compare to your own copy of the policy (declarations page, endorsements, and exclusions). Note any vague language; ambiguity is construed in favor of the insured under Florida contract law.

2. Gather Independent Evidence

• Photos & Videos from immediately after the loss.

• Weather Reports from the National Oceanic and Atmospheric Administration (NOAA) confirming wind speeds in Hollywood on the date of loss.

• Repair Estimates from licensed Broward County contractors.

• Building Permits & Inspection Records from the City of Hollywood Building Division to prove code-compliant repairs were performed.

3. Request a Certified Copy of Your Claim File

Under §624.155(4), you may demand the insurer’s entire claim file, including adjuster notes. This helps reveal whether the investigation was cursory.

4. Invoke the Appraisal Clause or DFS Mediation

If the dispute is solely about price, appraisal can be faster than litigation. For broader disagreements, file the DFS mediation request form online within 60 days of the denial. The insurer pays the mediator’s fee for residential claims.

5. Send a Civil Remedy Notice (CRN) for Bad Faith

If you suspect bad-faith conduct, file a CRN through the DFS portal, specifying the statutory violations (§624.155(1)(b)(1)–(3)). The insurer then has 60 days to cure by paying the claim or correcting the error.

6. Comply With Presuit Notice (SB 76)

Plaintiffs must serve a presuit notice at least 10 business days before filing suit, stating the amount in dispute and attaching an estimate. Failure to follow this step can delay your case.

7. File Suit Within the Five-Year Statute of Limitations

Calculating the deadline accurately is vital. If your denial letter is dated June 1, 2024, you typically have until June 1, 2029, to bring a breach-of-contract action—but earlier notice deadlines still apply.

When to Seek Legal Help in Florida

Red Flags That Signal You Need an Attorney

• The insurer alleges fraud or material misrepresentation.

• Your claim involves complex causation questions (wind vs. flood).

• The carrier ignores your communications or repeatedly postpones inspections.

• Settlement offers are far below independent contractor estimates.

• The denial letter cites obscure policy exclusions you do not understand.

How a Florida Attorney Adds Value

• Policy Interpretation – Lawyers scrutinize endorsements and case law to counter exclusions.

• Statutory Leverage – Filing a precise CRN can open the door to bad-faith damages.

• Expert Network – Reputable firms maintain relationships with engineers, roofers, and meteorologists experienced in South Florida storms.

• Negotiation & Litigation Skills – Insurers often increase offers once counsel enters an appearance.

Remember: attorneys in Florida generally work on a contingency fee basis for property claims, meaning no fee unless they recover money for you. Fee agreements must be in writing under Rule 4-1.5 of the Florida Bar.

Local Resources & Next Steps

Government Offices Serving Hollywood Residents

• City of Hollywood Building Division – 2600 Hollywood Blvd, Hollywood, FL 33020. Obtain permits and inspection records.

• Broward County Records, Taxes & Treasury – 115 S. Andrews Ave, Fort Lauderdale, FL 33301. Access property records to prove residence.

• Florida DFS Regional Consumer Helpline – 1-877-693-5236. File complaints or request mediation.

Non-Profit & Community Assistance

• Legal Aid Service of Broward County – Offers income-qualified homeowners free legal advice.

• United Policyholders – National non-profit with Florida-specific claim guidance.

Action Checklist for Hollywood Homeowners

• Document every conversation with your insurer in writing.

• Store photos and receipts in cloud backups to prevent loss during storms.

• Calendar the two-year notice and five-year lawsuit deadlines.

• Consult at least one Florida attorney before signing any settlement release.

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

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