Hollywood, FL Property Insurance Lawyer Guide & Rights

Introduction: Why Hollywood, Florida Homeowners Need a Focused Guide

From the gentle surf at Hollywood Beach to the tree-lined streets of Emerald Hills, Hollywood, Florida offers a slice of coastal paradise. Yet that paradise comes with risks: hurricanes spinning up in the Atlantic, afternoon lightning storms cracking roof tiles, and even a stray plumbing leak that can warp hardwood floors overnight. According to the Florida Office of Insurance Regulation, Broward County—where Hollywood sits—accounts for thousands of property damage claims each year. When a claim is underpaid or denied, the financial shock can be as nerve-racking as the storm itself.

This guide is written with a clear mission: to empower Hollywood homeowners and policyholders throughout Florida with practical, legally accurate information. We break down key statutes, claim deadlines, and local resources, all while maintaining a slight—and unapologetic—bias toward protecting consumers against unfair insurance company tactics. Everything in these pages is grounded in reputable authority, such as the Florida Statutes, the Florida Department of Financial Services (DFS), and published opinions from Florida courts. No speculation, just facts and strategies.

Whether you live in the historic districts near Young Circle or in the newer subdivisions west of Interstate 95, you deserve to understand how to respond to a property insurance claim denial in Hollywood, Florida. Let’s begin.

Understanding Your Property Insurance Rights in Florida

1. Your Policy Is a Contract Under Florida Law

Every homeowners insurance policy issued in the Sunshine State is a legally binding contract. Under Florida’s common law of contracts and statutory framework, the carrier must honor the policy as written. If the insurer breaches, you have a right to sue for damages and, in some situations, recover attorney’s fees under Fla. Stat. § 627.428 (now § 627.70152 for property claims filed after July 1, 2021).

2. Statute of Limitations and Notice Deadlines

• Notice of Claim: As of 2023 reforms (Fla. Stat. § 627.70132), policyholders generally have one year from the date of loss to give notice to the insurer. Reopened or supplemental claims must be filed within 18 months.

• Lawsuit Deadline: Fla. Stat. § 95.11(14) provides a one-year statute of limitations to file a lawsuit against a property insurer, measured from the date of denial or the insurer’s violation of the policy. Older losses may still be governed by the previous five-year period, so confirm the correct timeframe with a Florida attorney.

3. The Right to Prompt and Fair Handling

Florida’s “Homeowner Claims Bill of Rights,” codified in Fla. Stat. § 627.7142, guarantees you the right to:

• Receive acknowledgment of your claim within 14 days.

• Receive documentation of any claim payments or denials.

• Inspect the policy for free.

• Seek mediation through the DFS if a claim is disputed.

4. The Right to Hire a Public Adjuster or Lawyer

Florida law allows policyholders to retain licensed public adjusters (Fla. Stat. § 626.854) or lawyers (regulated by The Florida Bar) to advocate on their behalf. Attorneys must be in good standing with The Florida Bar, maintain trust accounts for client funds, and follow the Rules Regulating The Florida Bar, including Rule 4-1.5 on attorney’s fees.

Common Reasons Property Insurance Companies Deny Claims in Florida

Understanding denial rationales equips you to counter them effectively. Here are the four most frequent justifications insurers offer—and how Florida law frames them.

1. Late Notice

Carriers often claim you waited too long to report a loss, citing the one-year notice rule. But if you were displaced by storm damage or lacked immediate access to the property, case law such as American Integrity v. Estrada, 276 So. 3d 905 (Fla. 3d DCA 2019) shows that “late notice” may be excused if the insurer cannot show prejudice.

2. Pre-Existing or Wear-and-Tear Damage

Florida policies exclude normal deterioration. However, the burden is on the insurer to segregate excluded wear from covered sudden events. In Jossfolk v. United Property & Casualty, 110 So. 3d 110 (Fla. 4th DCA 2013), the court held that once a policyholder proves a covered peril caused some damage, the insurer must prove what portion is excluded.

3. Alleged Material Misrepresentation

Insurers may void a policy if they believe the insured intentionally misstated facts. Fla. Stat. § 627.409 requires the carrier to show the misrepresentation was material and relied upon. Innocent mistakes typically are not enough.

4. Failure to Mitigate

Your policy obligates you to take reasonable steps to prevent further damage—such as tarping a roof or shutting off water. However, mitigation must be reasonable. If an insurer denies a claim because you could not hire contractors during a post-hurricane labor shortage, that denial may be improper.

Florida Legal Protections & Insurance Regulations

1. Bad-Faith Statute (Fla. Stat. § 624.155)

When an insurer fails to settle claims “when, under all the circumstances, it could and should have done so,” you may file a Civil Remedy Notice with the DFS and, if unresolved within 60 days, pursue a bad-faith lawsuit that can include consequential damages.

2. Claims Handling Timeline (Fla. Stat. § 627.70131)

• 14 days to acknowledge the claim.

• 30 days to pay or deny an initial undisputed amount after proof of loss.

• 60 days to pay or deny the entire claim after receiving a sworn proof of loss.

3. Appraisal and Mediation Programs

The DFS offers a free mediation program for residential claims under Fla. Admin. Code 69J-166.031. Many policies also contain an appraisal clause—an alternative dispute resolution process that can be invoked by either party.

4. Attorney’s Fees and Assignment of Benefits (AOB)

For policies issued after January 1, 2023, attorney’s fees may only be awarded if the policy specifically allows, per Fla. Stat. § 86.121. If you signed an AOB, the contractor—not you—may have standing to sue, but only if the AOB meets strict requirements under Fla. Stat. § 627.7152.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Demand a Written Explanation

Under Fla. Stat. § 627.70131(5), insurers must provide a written denial specifying the policy language relied upon. If you receive only a verbal denial, request the letter immediately.

2. Gather and Preserve Evidence

• Take date-stamped photos and videos of the damage.

• Keep receipts for temporary repairs, hotel stays, and mitigation expenses.

• Save all correspondence from the insurer in a single folder.

3. Order a Certified Copy of Your Policy

Florida insurers must furnish a certified copy upon request within 30 days. Compare every exclusion cited in the denial to the actual language.

4. Consider a Second Opinion

Licensed public adjusters in Broward County can re-scope your loss. If their estimate materially exceeds the insurer’s, that discrepancy can bolster your dispute.

5. File a Civil Remedy Notice (CRN) If Appropriate

A CRN, filed through the DFS portal, triggers a 60-day cure period. Many disputes settle within this window.

6. Mediation or Appraisal

If you prefer to avoid litigation, request DFS mediation. It is non-binding and typically scheduled within 45 days for Broward County residents.

7. Litigation as a Last Resort

If the carrier refuses to pay a legitimate claim, a lawsuit in Broward County Circuit Court (17th Judicial Circuit) may be necessary. Your Florida attorney will file under the summary procedure if the amount is under $50,000, or standard procedure if higher.

When to Seek Legal Help in Florida

While some small disputes resolve through mediation, others require the muscle of an experienced property insurance lawyer. Consider hiring counsel when:

• The insurer accuses you of fraud or misrepresentation.

• Your claim is partially paid but the gap exceeds $10,000 in repair costs.

• You are nearing the one-year lawsuit deadline under Fla. Stat. § 95.11(14).

• The carrier delays inspections or requests duplicative documentation.

• You receive a “reservation of rights” letter casting doubt on coverage.

A qualified lawyer will:

• Review the policy and denial letter for legal weaknesses.

• Hire forensic experts—engineers, roofers, accountants—to quantify damages.

• File a CRN or lawsuit to preserve your rights before deadlines expire.

Choose counsel licensed in Florida, with an office near Hollywood or Fort Lauderdale, and check their Bar status through The Florida Bar’s Official Directory.

Local Resources & Next Steps

1. Florida Department of Financial Services (DFS)

DFS helpline: 1-877-693-5236. Ask for the Consumer Assistance Team. File complaints, request mediation, and view insurer complaint ratios at Florida CFO.

2. Broward County Property Appraiser

Verify square footage and pre-loss valuations at Broward County Property Appraiser. Accurate valuations can sway settlement negotiations.

3. Hollywood Building Department

Before making permanent repairs, secure permits from 2600 Hollywood Blvd., Room 320. Unpermitted work can void coverage.

4. Disaster Assistance

If a federally declared disaster strikes, register with FEMA at DisasterAssistance.gov. Grants can cover temporary housing while your claim is disputed.

5. Neighbor-to-Neighbor Support

Check civic associations like Hollywood Lakes Civic or Emerald Hills Homeowners for contractor referrals with successful insurance restoration experience.

Final Thought: Do not let the ticking clock of Florida’s one-year statute of limitations erase your rights. Organize documents, leverage free mediation, and enlist professional help when needed.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for advice regarding 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.