Hollywood, Florida Lawyer Guide: Property Insurance Disputes

Introduction: Why This Guide Matters to Hollywood Homeowners

Few things are more stressful than damage to your South Florida home—whether it is a roof leak after a fast-moving summer thunderstorm, wind damage from a tropical cyclone coming off the Atlantic, or water intrusion caused by Hollywood’s high water table. When you file an insurance claim, you expect your carrier to honor the policy you faithfully pay for each month. Yet many residents face a property insurance claim denial hollywood florida every year. This guide is written for Hollywood homeowners and property owners across Broward County. Our goal is to explain your rights under florida insurance law, outline the deadlines that apply, and show you when hiring a qualified florida attorney can shift the balance of power back toward policyholders.

Because Florida’s insurance market is unique—large condominium inventories, frequent storm activity, and evolving legislation—national articles often miss key local nuances. Below you will find clear, statute-based answers tailored to Hollywood, Florida. We cite only authoritative sources such as the Florida Statutes, Florida Administrative Code, the Florida Department of Financial Services (DFS), and published Florida appellate opinions. Whenever you read the words “you have a right,” rest assured that right springs from verifiable law, not speculation.

Understanding Your Property Insurance Rights in Florida

1. The Right to Prompt Claim Handling

Florida Statute § 627.70131(7)(a) requires insurers to pay or deny a residential property claim within 90 days after receiving notice, unless factors beyond their control reasonably prevent a decision. If an insurer misses the 90-day deadline without valid justification, you may be entitled to interest on the unpaid amount.

2. The Right to Receive a Copy of Your Policy

Under Fla. Stat. § 627.4137, carriers must provide a complete certified copy of your policy upon written request. Reviewing the policy is critical; exclusions, deductibles, and endorsements can drastically change coverage.

3. The Right to Participate in Alternative Dispute Resolution (ADR)

The Florida Department of Financial Services administers a free, non-binding mediation program for residential property disputes under Fla. Stat. § 627.7015. Either you or the insurer can request mediation, and the insurer must pay the mediator’s fee. If mediation fails, you still reserve the right to sue.

4. The Right to Hire a Public Adjuster or Attorney

Florida law allows you to retain a licensed public adjuster (Fla. Stat. § 626.854) or an attorney admitted to the Florida Bar to advocate on your behalf. Insurers may not retaliate by cancelling or non-renewing solely because you exercised this right.

5. Statute of Limitations

• Five-year contract action: Fla. Stat. § 95.11(2)(e) gives policyholders 5 years from the date of loss to file a breach-of-contract lawsuit related to property insurance.

• Three-year storm notice: Fla. Stat. § 627.70132 caps the time to report a hurricane or windstorm claim at 3 years from the date the hurricane first makes landfall in Florida.

• Special pre-suit notice requirements (Fla. Stat. § 627.70152) now require you to give the carrier written notice and an itemized estimate at least 10 business days before filing suit.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurance companies use a variety of grounds—some legitimate, others questionable—to deny or underpay Hollywood claims. Understanding these reasons arms you to counter them effectively.

1. Alleged Late Notice

The carrier may argue you “failed to give prompt notice.” Although “prompt” is not strictly defined, Florida courts look at whether the delay prejudiced the insurer’s ability to investigate (Bankers Ins. Co. v. Macias, 475 So. 2d 1216, Fla. 1985). If the insurer cannot show prejudice, a delay alone may not justify denial.

2. Wear and Tear or Maintenance Exclusions

Policies often exclude losses caused by “wear and tear,” “marring,” and “deterioration.” The key question is proximate cause. If a sudden wind event opened a hole in a deteriorated roof, Florida’s Concurrent Causation Doctrine may still require coverage if the covered peril (wind) was a substantial factor.

3. Water Damage Resulting from Long-Term Leaks

Since July 2021, Fla. Stat. § 627.701(2)(a) allows insurers to limit coverage to the first 14 days of water leakage unless you purchased an optional endorsement. Carriers often cite this when denying pipe leak claims.

4. Alleged Material Misrepresentation

If the insurer alleges you inflated your estimate or withheld information, they may void the claim under Fla. Stat. § 627.409. However, misrepresentation must be material and relied upon by the insurer. Innocent mistakes usually do not meet this standard.

5. Failure to Mitigate Damages

Policies require you to protect property from further damage, for example by tarping a roof. If the carrier claims you failed to mitigate, document every step you took—receipts for tarps, photographs, contractor invoices. Under Fla. Stat. § 627.701(4)(a), reasonable mitigation costs are reimbursable.

Florida Legal Protections & Insurance Regulations

1. The Florida Insurance Consumer Advocate

The Office of the Insurance Consumer Advocate, part of DFS, champions policyholder interests during rate hearings and rulemaking. You can file a complaint online through DFS Consumer Services.

2. Bad-Faith Remedies (Fla. Stat. § 624.155)

If an insurer fails to settle claims in good faith, you may file a Civil Remedy Notice (CRN). After a 60-day cure period, you can pursue a separate bad-faith suit seeking damages beyond policy limits if the insurer still refuses to pay.

3. Prompt Pay & Interest Penalties

Under Fla. Stat. § 627.70131(5)(a), any undisputed benefits not paid within 90 days accrue interest at the statutory rate established by the Chief Financial Officer.

4. Attorney’s Fees for Policyholders

Historically, Fla. Stat. § 627.428 allowed policyholders who “prevail” to recover reasonable attorney’s fees. Recent legislative reforms replaced this with § 627.70152(8) for residential property suits filed after December 2022. Although fee recovery is now tied to a ‘prevailing party’ formula, the statute still incentivizes insurers to settle valid claims promptly.

5. Licensing Rules for Florida Attorneys

Only lawyers admitted to the Florida Bar may give legal advice on Florida insurance law. Attorneys must also comply with Chapter 4 of the Rules Regulating The Florida Bar regarding contingency fees and advertising.

Steps to Take After a Property Insurance Claim Denial in Florida

• Review the Denial Letter Line by Line Insurers must provide a written explanation per Fla. Stat. § 627.4091. Note the specific policy provisions cited.

• Request Your Complete Claim File You can demand copies of all expert reports, adjuster notes, and photographs relied upon in denying your claim.

• Collect Independent Evidence Obtain a licensed contractor’s or engineer’s report. Many Hollywood roofers provide free moisture-meter testing, crucial for hidden water intrusion.

• Calculate the True Value of Your Loss Use Xactimate or a contractor estimate to compare with the insurer’s scope. Keep receipts for temporary repairs.

• Enter Florida DFS Mediation or Appraisal File online using DFS Form DFS-I0-56. Mediation is usually scheduled within 45 days in Broward County.

• Send Pre-Suit Notice (If Litigation Is Likely) Under Fla. Stat. § 627.70152(3), the notice must contain an estimate of damages, the amount in dispute, and supporting documents. This triggers a 10-day window for the insurer to respond.

• File Suit Within the Statute of Limitations Work with a Florida attorney to meet the five-year deadline of Fla. Stat. § 95.11(2)(e). Do not wait until the final months; gathering evidence takes time.

When to Seek Legal Help in Florida

While many Hollywood homeowners resolve small claims without representation, certain red flags suggest you should consult a lawyer immediately:

• The insurer accuses you of fraud or misrepresentation.

• The denial cites complex legal language such as “concurrent causation,” “anti-concurrent causation clause,” or “ensuing loss.”

• You are facing a mortgage company deadline for repairs or a potential foreclosure triggered by unrepaired damage.

• The carrier has scheduled an Examination Under Oath (EUO).

A qualified attorney can preserve evidence, hire neutral experts, and navigate Florida’s evolving pre-suit requirements. Be sure to verify the lawyer’s Florida Bar license and ask about recent trial experience in Broward County Circuit Court.

Local Resources & Next Steps

1. Hollywood Building Department

Permits and inspection records can support your claim by proving proper maintenance. Contact the department at 954-921-3335 or visit their office at 2600 Hollywood Blvd.

2. Broward County Property Appraiser

Obtain historical property data and photos through the Broward County Property Appraiser. These records often rebut insurer allegations of pre-existing damage.

3. Florida DFS Consumer Helpline

Call 1-877-MY-FL-CFO (1-877-693-5236) to file a complaint or request mediation information. You can also search license status for public adjusters and insurers.

4. Local Emergency Contractors

Keep contact information for tarping, water extraction, and mold remediation companies that service Hollywood. Quick mitigation supports your claim and limits losses.

Finally, maintain a dedicated “claim binder”—digital or physical—for photographs, receipts, correspondence, and expert reports. Organization is the homeowner’s secret weapon.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim involves unique facts. Consult a licensed Florida attorney before acting on any information herein.

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