Hurricane Lawyers Guide: Property Insurance Hollywood, FL

Introduction

Hollywood, Florida sits between Fort Lauderdale and Miami, hugging the Atlantic coast and the Intracoastal Waterway. While its beaches, historic Broadwalk, and mid-century neighborhoods make the city a magnet for residents and visitors, Hollywood is also squarely in the Atlantic hurricane corridor. When storms such as Hurricane Irma in 2017 or Hurricane Ian in 2022 lash the state, Broward County homeowners can suffer roof failures, wind-driven rain intrusion, and prolonged power outages that turn a minor leak into serious mold. Homeowners typically rely on their property insurance carriers to step in quickly with payment. Unfortunately, many policyholders experience a property insurance claim denial Hollywood Florida residents know all too well: adjusters undervalue roof repairs, delay investigations, or deny wind damage outright. This comprehensive guide—written with a pro-policyholder tilt—explains your rights under Florida insurance law, how to appeal a denial, and when to call a Florida attorney who handles hurricane damage claims.

Every section below is rooted in authoritative sources such as the Florida Statutes, Florida Administrative Code, and bulletins issued by the Florida Department of Financial Services (DFS). Whether you live in Hollywood Hills, Emerald Hills, or a high-rise along Ocean Drive, the information applies to your specific rights as a Sunshine State homeowner.

Understanding Your Property Insurance Rights in Florida

1. The Homeowner Claims Bill of Rights

Florida Statute § 627.7142—known as the Homeowner Claims Bill of Rights—requires insurers to provide a plain-language summary of some of your strongest legal protections within 14 days after you report a residential property claim. Key takeaways include:

• You have the right to receive acknowledgment of your claim within 14 days.

• The carrier must pay or deny the claim in full or in part within 60 days after receiving your sworn proof of loss, unless factors outside its control prevent a decision.

• You can request a detailed loss estimate in writing.

• You may legally hire a public adjuster or attorney to advocate on your behalf.

• You are entitled to mediation through the DFS if a dispute arises.

2. Statute of Limitations for Filing Suit

Deadlines are pivotal. Under Florida Statute § 95.11(2)(e), a policyholder generally has five years from the date the insurance company breaches the contract (usually the denial date or inadequate payment date) to file a lawsuit. However, hurricane and windstorm claims have additional notice windows under § 627.70132, as amended by the 2022 Special Session (SB 2-A):

• Initial notice: 1 year from the date of loss.

• Reopened or supplemental claim: 18 months from the date of loss.

Miss these statutory windows and the insurer can lawfully deny coverage—even if the storm damage is undeniable. Therefore, Hollywood homeowners should report hurricane damage immediately and document every communication.

3. Right to Interest on Late Payments

Florida Statute § 627.70131(7) imposes an obligation on carriers to pay interest on claims not paid within the statutory timeframe, absent factors beyond their control. Interest begins accruing from the date the payment should have been made.

4. Right to DFS-administered Mediation

The Florida Department of Financial Services Consumer Services division runs a free mediation program for residential property claims under § 627.7015. Either side may request it after a denial or dispute, and the insurer must pay the mediator’s fee.

Common Reasons Property Insurance Companies Deny Claims in Florida

1. Alleged Late Notice

Carriers often argue that the claim was reported outside the 1-year or 2-year statutory notice window. Insurers may overlook factors like road closures after a hurricane or lack of cell service. Email or text your agent as soon as you spot damage to create a timestamped record.

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

An adjuster may attribute cracked tiles or roof leaks to age instead of the Category 3 winds that blew through Hollywood Lakes. While policies exclude normal aging, Florida law places the burden of proof on the insurer to establish an exclusion. Photographs of your roof before the storm can be valuable counter-evidence.

3. Failure to Mitigate

Most policies require “reasonable measures” to prevent further damage after a loss. Insurers sometimes stretch this to deny entire claims, asserting you did not tarp your roof fast enough. Keep receipts for tarps, plywood, or water extraction to prove you mitigated.

4. Alleged Material Misrepresentation

Florida Statute § 627.409 allows a carrier to void coverage if you willfully misstate material facts. Innocent mistakes—like misreading a square-foot measurement—should not amount to fraud, yet carriers use the provision aggressively. Written, accurate records help defeat these defenses.

5. Matching and Cosmetic Exclusions

Insurers sometimes pay to replace only the damaged tiles, ignoring Florida Administrative Code 69O-185.007, which obligates carriers to pay for “matching” materials when a contiguous appearance cannot otherwise be achieved. Understanding this rule can increase settlement amounts on South Florida’s popular barrel-tile roofs.

Florida Legal Protections & Insurance Regulations

1. Duty of Good Faith (Bad-Faith Statute)

Florida Statute § 624.155 gives policyholders a civil remedy when an insurer fails to settle a claim in good faith. Before suing, you must file a Civil Remedy Notice (CRN) with DFS and give the carrier 60 days to cure. If it refuses, you may pursue extra-contractual damages, including attorney’s fees.

2. Prompt Payment Statute

Under § 627.70131(5)(a), once the carrier decides to pay, it must issue the check within 90 days of receiving notice of the claim. Late payment can trigger both interest and bad-faith exposure.

3. Assignment of Benefits (AOB) Reform

Senate Bill 2-D (2022) curtailed abusive AOB practices by limiting attorney fees and requiring written estimates. While the reform aimed to combat inflated invoices, it also means homeowners should scrutinize contractors before assigning benefits.

4. Attorney’s Fees and the One-Way Fee Statute

Traditionally, § 627.428 allowed prevailing policyholders to recover reasonable attorney’s fees. However, SB 2-A (2022) repealed one-way fees for most suits filed after 12/16/22, replacing them with mandatory fee-shifting only when demanded by contract. Knowing whether your policy preserves fee rights is crucial when deciding to litigate.

5. Licensing Rules for Florida Attorneys

Only lawyers admitted to The Florida Bar may give legal advice on property insurance disputes in the state. Out-of-state counsel must be admitted pro hac vice under Florida Rule of General Practice 1.310. Check a lawyer’s standing on The Florida Bar website before signing a fee agreement.

Steps to Take After a Property Insurance Claim Denial in Florida

• Request the Denial in Writing Florida Administrative Code 69O-166.024 requires insurers to provide a written explanation. Obtain it and compare the cited policy provisions to your declarations page.

• Collect & Preserve Evidence Take high-resolution photos of roof decking, displaced shingles, water lines on drywall, and any exterior windborne debris. Save drone footage if available. Retain repair estimates from licensed contractors in Broward County.

• Order a Certified Copy of Your Policy Under § 627.4137 you can request a certified copy. Carriers must provide it within 30 days. The certified copy is court-admissible and ensures you reference the correct endorsements.

• File a Notice of Dispute & Request DFS Mediation Send a sworn proof of loss and a concise letter disputing the denial. If the carrier remains silent for 10 days, submit Form DFS-I4-510 to start mediation. Many Hollywood homeowners settle during DFS mediation without litigation costs.

• Consult Independent Experts Consider hiring a licensed public adjuster or structural engineer familiar with South Florida building codes (e.g., Florida Building Code 7th Edition). Their reports often highlight wind uplift patterns unique to hurricane events, undercutting the “wear-and-tear” defense.

• Send a Civil Remedy Notice (If Applicable) If the carrier’s conduct appears in bad faith, draft a CRN on the DFS portal, citing specific violations. The 60-day cure period creates leverage; many insurers tender payment to avoid extra-contractual liability.

• File Suit Before Deadlines Expire Should mediation fail, your attorney will file a breach-of-contract action in Broward County Circuit Court. Confirm that you are within both the § 95.11 limitations period and the policy’s suit-limitation clause (some policies shorten it to two years).

When to Seek Legal Help in Florida

While some Hollywood homeowners resolve disputes through DFS mediation, several red flags suggest it’s time to call a hurricane damage lawyer:

• The carrier alleges fraud or material misrepresentation.

• Your home is uninhabitable and temporary living expense (ALE) benefits are denied.

• The adjuster’s estimate is less than half of your contractor’s scope.

• The insurer invokes appraisal but refuses to name a neutral umpire.

• A mortgage lender is threatening foreclosure because claim funds are delayed.

Experienced counsel can:* (1)* subpoena underwriting files; (2) depose field adjusters; and (3) use Florida’s discovery rules to uncover whether claims handling protocols were ignored. Given the repeal of automatic one-way attorney’s fees, many firms now offer hybrid contingency/hourly arrangements. Always insist on a written fee agreement in compliance with Florida Bar Rule 4-1.5.

Local Resources & Next Steps

1. Broward County Building Permits & Inspectors

If you suspect structural damage, contact the Broward County Building & Permitting Division to confirm whether emergency repairs require a permit. Failure to pull permits can jeopardize coverage.

2. Hollywood Emergency Management

The City of Hollywood Office of Emergency Management posts debris-removal schedules and sandbag distribution points on its website after tropical storms. Grab screenshots to prove community-wide damage.

3. Florida Office of Insurance Regulation Data

The Florida Office of Insurance Regulation publishes quarterly reports showing claim closure rates. Compare your insurer’s performance to the statewide average to assess whether delays are systemic.

4. The Florida Bar Lawyer Referral Service

If you need representation, the Florida Bar LRS can connect you to licensed attorneys in Broward County who focus on property insurance litigation.

Legal Disclaimer: This guide provides general information for Hollywood, Florida homeowners. It is not legal advice. Laws change, and every claim is fact-specific. Consult a licensed Florida attorney before relying on any statements herein.

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