Hurricane Damage Lawyers & Property Insurance in Hollywood, FL

Introduction: Why Hollywood, Florida Homeowners Need This Guide

Living in Hollywood, Florida means enjoying miles of Atlantic coastline, palm-lined streets, and year-round sunshine. It also means preparing for hurricane season every June through November. From Hurricane Irma in 2017 to Hurricane Ian’s outer bands in 2022, Hollywood residents have seen firsthand how wind, rain, and storm surge can turn a dream home into a construction zone overnight. When disaster strikes, policyholders expect their property insurer to honor the policy they faithfully paid for. Unfortunately, many South Florida residents experience a property insurance claim denial or underpayment at the precise moment they need coverage most. This comprehensive guide—written with a slight bias toward protecting Hollywood homeowners—explains your rights under Florida insurance law, why insurers deny claims, and the concrete steps you can take to fight back.

Every section is grounded in authoritative Florida sources, including the Florida Statutes, the Florida Department of Financial Services (DFS), and appellate court decisions. Whether you are dealing with roof damage, interior water intrusion, or total loss from hurricane winds, use this resource to learn how to navigate the claim process, recognize bad-faith tactics, and decide when to hire a Florida attorney.

Understanding Your Property Insurance Rights in Florida

1. The Insurance Policy Is a Contract Governed by Florida Law

Your homeowner’s policy is a legally binding contract. Under Fla. Stat. § 627.428, if you prevail in a lawsuit against your insurer, the court must order the insurer to pay your reasonable attorneys’ fees. This fee-shifting provision gives policyholders real leverage when challenging unfair denials.

2. Statute of Limitations vs. Notice Deadlines

• Notice of Claim to Insurer: Most hurricane and windstorm claims must be reported to the carrier within two years of the date of loss under Fla. Stat. § 627.70132.

• Lawsuit Deadline: You generally have five years from the date the insurance company breaches the contract (usually the denial date) to file suit (Fla. Stat. § 95.11(2)(e)).

Missing either deadline could bar your recovery in court, so mark these dates the moment damage occurs.

3. The Homeowner Claims Bill of Rights

The Florida Legislature created a Homeowner Claims Bill of Rights (Fla. Stat. § 627.7142) that insurers must provide within 14 days after receiving an initial claim. Key rights include:

• The right to receive acknowledgment of your claim within 14 days.

• The right to prompt, good-faith communication.

• The right to receive a copy of any detailed estimate upon request.

• The right to receive full settlement payment, partial payment, or denial within 90 days (subject to conditions in § 627.70131).

Hollywood residents should keep this document handy to measure insurer compliance.

4. Good-Faith Handling Requirement

Under Fla. Stat. § 624.155, insurers owe a duty to handle claims in good faith. Unreasonable delay, lowball offers, or failure to investigate can give rise to a separate bad-faith action after you win the underlying breach-of-contract suit.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Reporting

Insurers often deny by claiming you reported damage too late. While the two-year notice rule is strict, many Hollywood homeowners discover hidden moisture or roof leaks months after a storm. Florida courts have ruled that if you report as soon as damage is discovered and can show good cause for any delay, the claim may still proceed. Document when you first noticed damage and every call to the insurer.

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

Carriers love to say your shingles were already deteriorated or your plumbing pipes were rusted long before Hurricane Sally blew through. Yet Florida’s Concurrent Cause Doctrine may obligate the insurer to cover the loss when a covered peril acts concurrently with an excluded peril (See Wallach v. Rosenberg, 527 So. 2d 1386, Fla. 3d DCA 1988).

3. Water Damage vs. Flood Damage

Standard homeowner polices exclude flood damage, but they do cover interior water intrusion caused by a wind-created opening. After hurricanes, insurers sometimes mislabel wind-driven rain as floodwater to avoid payment. Independent engineers and meteorological data can refute this tactic.

4. Alleged Fraud or Misrepresentation

If you submit an inflated estimate or inconsistent statements, the insurer may void your entire claim under the misrepresentation and fraud clause. Accuracy is critical—always rely on licensed Florida contractors for estimates.

5. Failure to Mitigate

Florida policies require you to take reasonable steps to prevent further damage (e.g., tarping a roof). Insurers may deny payment for subsequent mold growth if you failed to mitigate. Keep receipts for tarps, dehumidifiers, and emergency repairs.

Florida Legal Protections & Insurance Regulations

1. Prompt Payment Statute

Fla. Stat. § 627.70131 obligates insurers to pay undisputed amounts within 60 days after receiving a proof-of-loss statement and to settle or deny claims within 90 days. Violations can trigger interest penalties and bolster a bad-faith claim.

2. Mediation and Appraisal Programs

• DFS Mediation: The Florida Department of Financial Services offers a free, non-binding mediation program for property insurance disputes under Fla. Admin. Code 69J-166.031. A neutral mediator helps both sides negotiate.

• Policy Appraisal: Most policies contain an appraisal clause that allows each party to hire an appraiser, and then an umpire resolves any differences. While faster than litigation, appraisal decisions are binding on the amount of loss only, not coverage.

3. Assignment of Benefits (AOB) Reform

The 2023 amendments to Fla. Stat. § 627.7152 severely limit AOBs. Homeowners can still hire contractors, but insurers may deny claims if the AOB fails to meet statutory requirements. Work closely with licensed professionals who understand the new rules.

4. Attorney Licensing and Ethical Standards

Only attorneys licensed by The Florida Bar may provide legal advice in this state. Lawyers must comply with the Rules Regulating The Florida Bar, including Rule 4-1.5 on reasonable fees and Rule 4-3.3 on candor toward the tribunal.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Read the Denial Letter Carefully

Insurers must quote policy language and factual bases for denial (Fla. Stat. § 627.70131(7)). Highlight each reason to see what evidence you must gather.

2. Gather and Preserve Evidence

• Photos/videos of damage immediately after the storm and present day.

• Receipts for repairs, temporary housing, and mitigation efforts.

• Weather data from the National Hurricane Center documenting wind speeds in Hollywood on the date of loss.

• Statements from neighbors who observed the damage.

3. Obtain Independent Estimates

Hire licensed Florida contractors or public adjusters to produce a detailed, itemized estimate of repair costs. Compare it to the insurer’s estimate to identify discrepancies.

4. File a Written Re-opened or Supplemental Claim

If you discover additional damage or believe the denial was in error, submit a supplemental claim. Under Fla. Stat. § 627.70132(4), you generally have 18 months after the insurer’s initial claim payment (or denial) to do so for hurricane losses.

5. Demand Mediation or Appraisal

Contact DFS (1-877-693-5236) to request mediation or invoke the policy appraisal clause in writing. Both options pause litigation deadlines.

6. Send a Civil Remedy Notice (CRN)

If bad faith is suspected, your attorney may file a CRN with DFS under Fla. Stat. § 624.155. The insurer then has 60 days to cure the violation by paying the claim.

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

When all else fails, a lawsuit in Broward County Circuit Court or U.S. District Court for the Southern District of Florida may be necessary. You must plead breach of contract; after winning, you may pursue a separate bad-faith claim.

When to Seek Legal Help in Florida

1. Complex Denials and High-Dollar Claims

If your property sustained six-figure damage—like many single-family homes east of U.S. 1 in Hollywood—legal representation is almost always cost-effective. Florida’s fee-shifting statute means you may owe nothing unless you recover.

2. Suspected Bad-Faith Tactics

Warning signs include repeated requests for the same documents, unexplained delays, or settlement offers far below repair estimates. A licensed florida attorney can pressure the carrier under §§ 624.155 and 626.9541.

3. Disputes Over Causation (Wind vs. Flood)

Engineering experts, forensic meteorologists, and deposition testimony may be needed to prove coverage. Experienced hurricane damage lawyers have networks of specialists and know how to challenge exclusionary language.

Local Resources & Next Steps

1. Florida Department of Financial Services (DFS)

• Consumer Helpline: 1-877-693-5236

Mediation Requests: DFS Mediation Portal

2. Broward County Government

Broward County Consumer Protection – information on unlicensed contractors

• Building Permits: 954-921-3335 (City of Hollywood Building Division)

3. Legal Aid & Referral Services

Legal Aid Service of Broward County – may assist low-income homeowners. Florida Bar Lawyer Referral

4. Trusted Publications for Ongoing Updates

Insurance Journal Florida CFO Newsroom

Next Steps Checklist

• Confirm you reported your claim within two years.

• Calendar the five-year lawsuit deadline.

• Collect photos, receipts, and expert reports.

• Request DFS mediation or policy appraisal if valuations differ.

• Consult a hurricane damage lawyer if the insurer offers less than full repairs.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and every claim is fact-specific. Consult a licensed Florida attorney regarding your unique situation.

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